NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S. B. No. 2494
0( tljf £" -.’t.-n'
23 NOV 29 A10:03
RECEIVED BV:
Introduced by Senator Joseph Victor G. Ejercito
AN ACT
PROVIDING FOR A MAGNA CARTA OF TRICYCLE DRIVERS AND 
OPERATORS, INSTITUTIONALIZING MECHANISM FOR ITS 
IMPLEMENTATION AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In every barangay, municipality or city in the Philippines, tricycle is regarded as 
a basic and essential mode of transportation of every Filipino.
Under the Local Government Code, the regulation of tricycles is under the 
jurisdiction of every local government units. Issues regarding collection of illegal fees, 
illegal sale of tricycle franchises, issuances of permits, tough working conditions of 
tricycle drivers and poor maintenance of tricycles continue to rise.
In order to systematically address these problems, this measure seeks to 
provide a uniform set of requirements and give authority to regulate and grant 
Motorized Tricycle Operator's Permit (MTOP) to the Lant Transportation Office (LTO) 
and the Land Transportation Franchising and Regulatory Board (LTFRB). With this, 
there will be a simplified procedure of registration and issuance of MTOP. Moreover, 
a One-Stop Shop for the Tricycle Sector which is tasked handle all transactions and 
processing of the business permit applications within their respective jurisdiction, will 
be established. Furthermore, the bill specifies the clearer role of the Local Government 
Unit (LGU) in eliminating illegal or colorum tricycle units and designating viable routes


and terminals. Lastly, this measure lays down the rights and benefits of workers in 
the tricycle sector, including but not limited to mandatory membership to Social 
Security System (SSS) and Philippine Health Insurance Corporation (PhilHealth), life 
and accident insurance, and legal assistance.
In view of the foregoing, the swift passage of this bill is earnestly sought.
JOSEPH VICTOR G. EJERCITO


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE
S. No. 2494
of tl)f #>!'r
23 NOV 29 A10:03
RECEIVED
Introduced by Senator Joseph Victor Ejercito
AN ACT
PROVIDING FOR A MAGNA CARTA OF TRICYCLE DRIVERS AND 
OPERATORS, INSTITUTIONALIZING MECHANISM FOR ITS 
IMPLEMENTATION AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines, in 
Congress assembled:
1 
Section 1. Short Title. -This Act shall be known as the "Magna Carta for Tricycle
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Drivers and Operators Act of2023."
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Sec. 2. Declaration of Policies. - It is the policy of the State:
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a. To nurture and protect the interests of the tricycle sector by providing them
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with adequate and timely social, economic and legal services, as well as
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mechanisms that shall protect their rights and promote benefits that ensure
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their dignified existence and economic advancement;
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b. To recognize, promote, protect the rights of every worker in the tricycle
9 
sector including the right to self-organization, the right to decent work, just
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and humane working conditions, access to social protection, and the right
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to represent their organizations in a continuing process of consultation and
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dialogue towards maximizing the provision of a comprehensive package of
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reforms, interventions, and services in accordance with their articulated
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needs and interests;
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c. To promote gender equity and equality through elimination of gender
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stereotypes attached to this sector and redefining tricycle drivers as not only
17 
males but also females;


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d. To protect women workers in the tricycle sector against gender-based 
discrimination, exploitation, violence and abuse;
e. To progressively eliminate child labor in the tricycle sector through the 
creation of more quality jobs for adults, effective enforcement of laws 
against child labor, improved access to universal education and elimination 
of cultural factors that tolerate child labor; and
f. To develop the local economy through maximization of the potentiai and 
contribution of the tricycle sector.
Sec. 3. Definition of Terms. - Pursuant to this Act, the following terms shall
mean:
a. Colorum- a private vehicle operated as a public utility without the benefit 
of a valid and existing special permit, provisional authority, or franchise;
b. Motorized Tricycle Operator's Permit or MTOP - the permit that authorizes 
the holder to operate a tricycle for public transport;
c. Periodic maintenance - the cleaning and replacing of parts that have been 
exhausted of their effective service life.
d. Preventive maintenance - the regular cleaning of the engine and other 
related parts that affect its performance;
e. Sanggunian - the Sangguniang Panlungsod or the Sangguniang Bayan, as 
the case may be;
f. Tricycle - the motor vehicle composed of a motorcycle fitted with a single 
wheel sidecar, or a motorcycle with a two-wheel rear cab, the former 
having a total of three wheels and the latter having a total of four wheels, 
otherwise known as the motorcycie;
g. Tricycle Operators and Drivers' Association or TODA - the organization of 
tricycle operators and drivers in a given local government unit;
h. Tricycle Sector - refers to the drivers and operators of tricycles for public 
transportation in the Philippines.
Sec. 4. Authority to Regulate and to Grant MTOP. - Subject to the guidelines to 
be prescribed by the Department of Transportation (DOTr), the Land Transportation 
Office (LTO) and the Land Transportation Franchising and Reguiatory Board (LTFRB), 
cities and municipaiities shall have the power to regulate the operation of tricycles and


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grant permits for the operation thereof within their respective territorial jurisdictions.
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Before it can issue the MTOP, the concerned LGU is required to submit a tricycle
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operation plan which includes, among others, the tricycle routes and zones,
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designation of terminals and maximum number of tricycles operating within its
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jurisdiction. Such a plan shall be subject to the approval of the DOTr and must comply
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with the guidelines promulgated therefore with the end goal of ensuring overall
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efficiency, integration and safety of the transportation system.
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Sec. 5. Uniform and Standardized Set of Requirements. -The local government
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units (LGUs) having jurisdiction over the city or municipality where the tricycle is
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registered shall impose no other requirement, restriction, or condition for its operation,
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except the following:
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a. For safety reasons, no tricycle should operate on national highways utilized
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by 4-wheel vehicles greater than four (4) tons and where normal speed
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exceeds forty (40) kilometers per hour. However, the concerned LGU may
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provide exceptions if there are no transportation services or modes
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servicing the said route, either along the highway or crossing the same,
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other than tricycle, subject to the approval of the DOTr. Provided, however.
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That when such operation is allowed, the LGU is mandated to provide
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appropriate signages, marks for lanes and other safety features to guide
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and protect the tricycles utilizing the highways.
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b. Zones must be within the boundaries of the municipality/city. Existing zones
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within more than one municipality or city, however, shall be maintained.
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Provided, That operators servicing said zones shall secure MTOPs from each
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of the municipalities and/or cities having jurisdiction over the areas covered
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by the zone.
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c. A common color for tricycles-for-hire operating in the same zone may be
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imposed. Each unit shall be assigned and bear an identification number,
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aside from its LTO license plate number.
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d. An operator wishing to terminate or suspend its service for more than one
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month should report in writing such termination or suspension to the
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Sanggunian which originally granted the MTOP


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e. The MTOP shall be valid for three (3) years, renewable for the same period.
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Transfer to another zone, change of ownership of a unit or transfer of MTOP
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shali be construed as an amendment to an MTOP and shall require
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appropriate approval of the Sanggunian.
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f. Operators shall employ only drivers possessing professional licenses duiy
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issued by the LTO. For this purpose, the LTO shaii issue guideiines,
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inciuding theoretical and practical examinations, appropriate for drivers of
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tricycies.
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g. No tricycle-for-hire shali be ailowed to carry more passengers and/or goods
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than it is designed for.
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h. A tricycie-for-hire shali be allowed to operate like a taxi service where, aside
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from rendering services in the designated terminais, the tricycie can be
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flagged- down or engaged by passengers on the road within its authorized
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zone of operation.
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Sec. 6. Registration. - There shali be a simplified procedure of registration and
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issuance of MTOP in accordance with the framework and principies of this Act. The
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registration fee for the appiication for an MTOP shali not exceed One thousand pesos
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(P1,000.00). The validity of MTOP shaii be for three years. The said fee shaii cover
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the cost of the issuance of the MTOP, the fiiing fee, franchise fee, inspection fee, fare
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adjustment fee, amendment, reguiatory, and aii other fees. No other fees shali be
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exacted from the tricycle sector business activities or enterprise other than the
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registration fee as mentioned above.
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Sec. 7. Estabiishment of One-Stop Shop for the Tricycie Sector. - All LCDs shall
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establish a One-Stop Shop Center for the Tricycle Sector (the "Center") which shali
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handle all transactions and processing of the business permit appiications within their
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respective jurisdiction. The Center shaii ensure that the processing of the MTOP shaii
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commence on the day of their appiication and the registration shali be released within
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forty-eight (48) hours upon submission of the complete requirements. To facilitate
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efficient and expeditious processing of MTOP applications, LCDs shali formulate a
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uniform and simple checklist of requirements for registration such as vaiid proof of
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identity and flowchart of the procedure of registration. LGUs shall be responsible in
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translating the checkiist of requirements and flowchart of procedure of registration in
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their own local dialect. LGUs shall cause the posting of the checklist and flowchart of
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procedure of registration in at least three (3) conspicuous areas, preferably public
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areas, in the community and cause the publication of the same in the local newspaper,
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if there be any.
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Sec. 8. Rights and Benefits of Workers in the Tricycle Sector. - The members
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of the tricycle sector shall have the following rights:
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a. Self-organization to collectively negotiate with government and other
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entities in the promotion of their welfare and advancement of their interests
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free from any political interference or favor;
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b. Informed participation in decision-making processes relevant to the
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concerns of their sector through their legitimate organizations. Towards this
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end, they shall be represented in all public hearings for laws, ordinances, or
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regulations that will affect their sector;
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c. Safe working conditions with access to medical care services and insurance;
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d. Freedom from any form of discrimination, violence, exploitation, or
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harassment;
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e. Freedom from deprivation of property without valid cause and due process
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of law;
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f. All concerned national government agencies, government financial
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institutions, and local government units shall include in their plans,
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programs, projects and activities efforts that are supportive of the concerns
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of the tricycle sector;
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g. Each LGU shall create a grievance mechanism to deal with the concerns of
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the members of the tricycle sector;
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h. The Social Security System (SSS) and the Philippine Health Insurance
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Corporation (PhilHealth) shall, within ninety (90) days from the effectivity
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of this Act, promulgate guidelines for the mechanism of collecting premiums
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from members of the tricycle sector. The SSS shall also inform its members
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from the tricycle sector of loans that they can avail of;
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i. Any driver shall not be engaged to work in any hazardous work, activity or
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undertaking, and neither shall he/she be exposed to hazardous working
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conditions; and


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j. All persons whether from the private or public sectors are prohibited from
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committing acts of interference or coercion against a member of the tricycle
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sector, including machinations to influence political and/or religious beliefs
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of the member of the tricycle sector.
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Sec. 9. Role of the Local Government Unit (LGU). - Subject to the operating
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conditions in this Act and the guidelines to be promulgated by the DOTr, LTO and
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LTFRB, cities and municipalities shall have the following responsibilities:
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a. The Municipality or City, after consultation with the small transport groups,
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the affected communities, and other sectors or groups, shall identify c Viable
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terminals shall be in proximity to public buildings, markets, commercial
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districts, or commercial establishments and other places which the public
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frequently visits.
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b. The Sanggunian shall, within ninety (90) days after the consultation referred
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to in the preceding paragraph, pass an ordinance designating the viable
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terminals of tricycles as specified in this Act. No designation of terminal,
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however, shall be conducted without prior consultation with the tricycle
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sector, the affected inhabitants and other sectors. LCDs that have already
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established or designated routes and terminals of tricycles prior to this Act
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are deemed to have complied with this provision: Provided, That the
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aforesaid establishment or designation of terminals have been undertaken
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after consultation with the relevant parties.
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c. LGUs shall also lead a Tricycle Maintenance Program. This shall be done by
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teaching the existing TODAs within their jurisdiction on preventive and
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periodic maintenance. Technical and administrative capability shall be
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sourced through partnerships with private institutions and through the
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Department of Science and Technology (DOST^.
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d. Vocational education on auto-mechanics and related courses like engine
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repair and maintenance shall also be developed by the LGUs in cooperation
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with the Department of Labor and Employment (DOLE) and the Technical
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Education and Skills Development Authority (TESDA).
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e. There shall be a mandatory Tricycle Drivers Safety Program at the LGU level.
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The content and structure of the Tricycle Drivers Safety Program shall be


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formulated by the DOTr, LTO, LTFRB and other relevant government
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agencies. The LGU shall require all tricycle drivers within its jurisdiction to
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undergo this orientation. To complement this, the LTO and LTFRB shall
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include a Motorist Awareness Program in all its safety training.
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f. LGUs shall also eliminate illegal or colorum tricycle units.
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g. LGUs shall provide for alternative livelihood and skills-training programs to
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allow tricycle drivers to explore more economically rewarding sources of
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income.
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h. LGUs shall pursue and implement a comprehensive, rights-based,
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participatory and gender responsive framework for workers in the tricycle
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sector that includes but is not limited to:
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i. Putting in place policies and programs that will bring members of the
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tricycle sector to the economic and social mainstream;
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ii. Pursuing structural reforms in all relevant levels of LGUs by creating
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committees, special offices for development and protection of
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workers in the tricycle sector and supporting their representational
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rights through their organizations;
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iii. Extending coverage of accessible and affordable social security and
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health care benefits to workers in the tricycle sector; and
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iv. Exacting responsibility on the part of the tricycle sector workers
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provided that the state shall recognize their rights and put in place
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responsive, transparent and accountable mechanisms to ensure the
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protection, promotion and realization of those rights.
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Sec. 10. Policy on Impounding of Vehicle andImposable Penalties. -Tricycles
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shall not be impounded, confiscated or destroyed for mere violation of license or
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registration or traffic rules and regulations, unless the said vehicle was utilized in the
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conduct of criminal activities. In case of mere violation of traffic rules and regulations,
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a traffic violation ticket shall be issued to the erring driver without impounding the
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said vehicle. The responsible person or officer who violated this Section shall be
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administratively liable under this Act. Nothing herein shall prohibit the aggrieved
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members of the tricycle sector from initiating a criminal or civil action against the
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responsible persons or officers whenever such action is applicable. The imposable


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penalties for tricycle drivers who are found to violate traffic rules or regulations shall
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be limited to fifty percent of the fine or penalty that can be imposed on drivers of four-
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wheeled vehicles.
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Sec. 11. Phase-in of More Efficient Engines. - Within thirty (30) days after the
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effectivity of this Act, the DOST and the DOTr shall partner to create a continuous
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program to develop more efficient engines and cleaner technologies that may be used
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by the tricycle sector, at the own initiative or volition of tricycle drivers and/or
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operators.
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Sec. 12. Coordination between Locai Government Units and the DOTr. -The
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implementation of the national policy as regards curbing traffic must be taken into
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consideration in the enforcement of this Act. The DOTr shall ensure that its guidelines
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for the regulation of tricycles by LCDs must be mindful of the state of traffic in the
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country. Furthermore, the DOTr must efficiently and meaningfully coordinate closely
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with the LCDs as regards the regulation of the tricycle sector.
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Sec. 13. Mandatory Membership in SSS and PhiiHeaith, Life and Accident
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Insurance, andLegaiAssistance. -The SSS and the PhiiHeaith shall, within ninety (90)
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days from the effectivity of this Act, promulgate guidelines for the mechanism of
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collecting premiums from members of the tricycle sector. Tricycle drivers shall, in
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addition to SSS and healthcare coverage, be provided accident insurance coverage to
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compensate for damage or injury acquired such as death, disability, limb amputations,
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loss of sight, hearing, and speech, including the loss of thumb or the index finger.
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Tricycle drivers are also entitled to legal assistance in the exercise and pursuit of their
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rights herein granted.
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Sec. 14. Appropriations. -The amount necessary for the implementation of this
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Act shall be allocated in the Annual General Appropriations Act of the Department of
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Transportation.
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Section 15. Penaities. -
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a. Any person who shall willfully interfere with, restrain or coerce any member
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of the tricycle sector in the exercise of rights, or shall in any manner act in
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violation of Sections 8, 9 or 10 of this Act shall, upon conviction, be
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punished by a fine of not less than Fifty Thousand Pesos (P50,000.00) but
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not more than Five Hundred Thousand Pesos (P500,000.00) or


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imprisonment not exceeding one (1) year or both, at the discretion of the
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court.
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b. A driver who operates a tricycle without the necessary MTOP to be
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observed by the tricycle sector in pursuit of cleaner technologies and in
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accordance with Republic Act No. 8479, otherwise known as the "Clean Air
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Act', including any who incurs delinquency in payment of fees that is
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tantamount to an incomplete application for an MTOP, operates in
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highways without valid authorization, transports passenger and/or goods
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beyond the limitations on the number of passengers and on load capacity,
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or operates a tricycle not compliant with environmental laws shall be
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punished by a fine of not less than Five Hundred Pesos (P500.00) but not
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more than Two Thousand Pesos (P2,000.00) or the impoundment of the
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tricycle by an enforcement agency for a period of two (2) months.
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c. An operator who operates without the necessary MTOP or authority to
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operate in highways or employs a driver without the requisite license to
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drive a tricycle, including those below the age of majority, or allows a driver
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to operate a tricycle that is not roadworthy or with unauthorized
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modification affecting vehicle safety, shall be punished by a fine of not less
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than Five Hundred Pesos (P500.00) but not more than Two Thousand Pesos
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(P2,000.00). The second and succeeding offenses shall warrant the
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revocation of the MTOP or franchise and the perpetual disqualification from
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being issued the said privilege.
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d. If the offender is a public official, the court may, in addition to the penalties
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provided in the preceding paragraph, impose the penalty of disqualification
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from office.
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Sec. 16. Implementing Rules and Regulations (IRR). - The DOTr, in
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coordination with the LTO, LTFRB, SSS, PhilHealth, DOLE, TESDA, DOST, DTI and the
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Department of the Interior and Local Government (DILG), shall issue the IRR of this
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Act within ninety (90) days from its effectivity. The IRR shall include the guidelines for
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the allocation of the fund for subsidizing the SSS or PhilHealth premiums of the
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members of the tricycle sector and the programs that will benefit them.


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Sec. 17. Separability Clause. - If any provision of this Act is declared invalid or
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unconstitutional, the provisions not affected thereby shall continue to be in full force
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and effect.
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Sec. 18. Repealing Clause. - All laws, decrees, orders, rules and regulations or
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parts thereof which are contrary to or inconsistent with the provisions of this Act are
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hereby amended, repealed or modified accordingly.
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Sec. 19. Effectivity. - This Act shall take effect immediately after fifteen (15)
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days from its publication in the Official Gazette or in a newspaper of general
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circulation.
Approved,
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