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Republic of the Philippines PRE:
HOUSE OF REPRESENTATIVES ik
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2074
House Bill No.

Introduced by: HON. “KUYA’ JOSE ANTONIO R. SY-ALVARADO

AN ACT PROHIBITING OVERLOADING OF PASSENGERS IN PUBLIC UTILITY VEHICLES (PUVs),
IMPOSING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Civil Code provides that common carriers, from the nature of their business and for

. teasons of public policy, are bound to observe extraordinary diligence in the vigilance over the
goods and for the safety of the passengers transported by them, according to all circumstances of
each case. 7

The most common predicament of the riding public is the overloading of passengers in
public thoroughfare. Passengers experience stress in finding an available slot in public
transportation and when they do, they experience extreme discomfort due to the overloading of
passengers. This overloading problem is dangerous since it threatens road safety and contributes
to fatal accidents not only to the public vehicle but also to the safety of passengers.

‘The State, thorough its police power, shall protect the interest of the riding public. Hence,
the purpose of this bill is to provide safety measure by prohibiting overloading practice among
public transportation in order to prevent loss of life, injury or damage to property.

In view of the foregoing, immediate passage of this bill is earnestly soyefft.

“KUYA” JOSE ANTONIO R. SY-ALVARAD
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2074
House Bill No.

Introduced by: HON. KUYA’ JOSE ANTONIO R. SY-ALVARADO

AN ACT PROHIBITING OVERLOADING OF PASSENGERS IN PUBLIC UTILITY VEHICLES (PUVs),
IMPOSING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representative of the Philippines in Congress
assembled:

Section 1. — Declaration of Policy. — It is hereby declared the policy of the State to resolve the
matter of overloading, which is deemed a potentially perilous circumstance in daily commuting.

Section 2. Defis

ition of Terms. ~ Following terms shall be used in this Act:

a) “Public Utility Vehicle (PUV)” shall mean any land-based motor vehicle, whether
utilizing tires or rail-mounted, which is operated within the purview of a common carrier
as defined under Article 1753 of the Civil Code of the Philippines, shall include, but not
limited to, passenger jeepneys, buses, taxicabs, all-utility vehicles (AUVs) and sport-utility
vehicles (SUVs) utilized as passenger vehicles with specific routes, and tricycles covered
by government franchise, regardless of size and passenger capacity.

b) “Overloading” shall mean the act of loading of passenger in excess of the maximum
capacity of any public utility vehicle regardless of the actual seats or seating spaces
provided therefor.

©) “Passenger” shall mean individual who engages the service of a public utility vehicle in
order to commute from one place to another regardless of age or physical build.

* Section 3. Prohibition against Overloading. — It shall be unlawful for any driver, conductor,
operator, owner, association, company or similar entity responsible for the operation of a PUV to
load passengers beyond the vehicle’s carrying capacity. In ascertaining the act of overloading, the
following factors shall be taken into consideration:


) ‘The comparison of the actual passenger count with the actual number of seats or intended
seating spaces provided in the PUV: provided, that any seat occupied by a child or an
undersized individual, or any seating space occupied by an oversized individual, and any
remaining space that exclude further seating, if another individual will not be fully and
comfortably seated, shall be included in the evaluation process.

b) The act of passengers standing, crouching or otherwise inappropriately positioned at the
entry and exit points of any PUY, including the act of occupying any part of the PUV not
intended for passenger accommodation; and

©). The actual number of passengers in a PUV in the event of a mishap resulting to the death
or bodily injuries of any of the passengers

Section 4. Penalties. - Any person who violates the provisions of this Act shall be penalized, as
follows:

a) For the first offense, a fine of Twenty Thousand Pesos (PhP 20,000,000), including the
suspension of the franchise of the PUV and the driver’s license;

b) For the second offense, a fine of Forty Thousand Pesos (PhP 40,000.00), including the
suspension of the franchise of the PUV and the driver’s license;

c) For the third offense, a fine of One Hundred Thousand Pesos (PhP 100,000.00), including
the revocation of the franchise and the driyer’s license

Section 5, Implementing Rules and Guidelines. Within the period of ninety (90) days after
effectivity of this Act, the Department of Transportation (DOT®), through Land Transportation
Franchising and Regulatory Board (I TFRB) and Land Transportation Office (LTO), and Metro
Manila Development. Authority, (MMDA), after consultation with different public transport

* companies and the associations of operators and drivers of PUVs, shall formulate rules and

guidelines implementing the proyisions of this Act, which shall include the maximum passenger
capacity posted prominently in each PUV including the notice of a specific passenger limit

Section 6. Nationwide Information Campaign by Government Agencies and Public
‘Transportation Associations. — The Department of Transportation (DOT®) through the Land
‘Transportation Franchising and Regulatory Board (LTFRB) and Land Transportation Office
(LTO),,Metro Manila Development Authority, (MMDA),and the different public transport
companies and the associations of public passenger jeepney, taxicab and tricycle operators and
drivers shall conduct a nationwide information and communication campaign for a period of two
(2) months after the Implementing Rules and Regulations under Section 4 thereof have been
issued.



Section 7. Liability Under other Laws. ~ The foregoing penalties under this Act shall be without
prejudice to criminal or civil liabilities under existing laws arising from or on the occasion of the
prohibited acts herein prescribed.

| Section 9, Effectivity. Phis Act shall take effect fifteen (15) after its publication in the Official
| Gazette or in any neySpaper of general circulation.
ii

Approved,

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