Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

2920

HOUSE BILL NO. =

Introduced by Representative CLAUDINE DIANA D. BAUTISTA-LIM

AN ACT
PROVIDING FOR THE BILL OF RIGHTS OF COMMUTERS TO PROMOTE
EFFICIENT, SAFE, CONVENIENT, ACCESSIBLE AND INCLUSIVE MOBILITY

EXPLANATORY NOTE

This bill seeks to establish commuters’ rights in relation to their use of Public Utility
Vehicles. Under this Act, the rights and duties of both commuters and operators and
drivers of Public Utility Vehicles are set forth. In particular, five (5) general rights shall
be guaranteed under this Act, particularly the commuters’ 1) Right to Integrated,
Reliable, Adequate, Convenient and Accessible Public Transportation Services and
Related Infrastructures, 2) Right to Choose a Public Transport, 3) Right to Safe and Secure

Travel, 4) Right to Participate in Decision Making Process, and 5) Right to Information,

Considering the unprecedented challenges facing the country, we need to ensure the
safety and well-being of our commuters are protected. We all need to work together to
build back better and comeback stronger trom the global problems that plague us.

In view of the foregoing, approval of this bill is highly recommended.

CLAUDINI . BAUTISTA-LIM


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Nineteenth Congress
First Regular Session

House BICLNO.2920

Introduced by REPRESENTATIVE CLAUDINE DIANA D. BAUTISTA-LIM

AN ACT
PROVIDING FOR THE BILL OF RIGHTS OF COMMUTERS TO PROMOTE
EFFICIENT, SAFE, CONVENIENT, ACCESSIBLE AND INCLUSIVE MOBILITY

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

CHAPTER 1
GENERAL PROVISIONS

Section 1. Short Title. — This Act shall be known as the “Magna Carta of Commuters.”

Sec. 2. Declaration of Policy. — It is the declared policy of the State to guarantee a safe.

convenient. efficient, seamless and healthy exercise of the freedom of movement to ensure a high

standard of living and quality of life for all.

Mobility is a basic human need as people have to move from one place to another to enjoy their

rights, avail goods and services. perform their mandates. and conduct business. among other

things. that define the socio-political and economic landscape, Toward this end, the State shall:

4) Provide the necessary mechanisms. human and financial resources. and legal measures
to enable its citizens to enjoy fully the rights embodied in this Act.

b) Guarantee the right of all citizens to participate in the policy formulation, planning,
implementation, management, monitoring and evaluation of all institutions, programs.
projects and services related to upholding the rights of commuters:

c) Ensure the connectivity of all transportation infrastructures and support facilities that
will allow a seamless access for commuters to their destinations:

d) Ensure the sufficiency of public transportation services;

e) Ensure that all transportation services, are efficient, safe. fast. eco-friendly and



economical;

1) Ensure that public transportation and related facilities are accessible to all commuters,
regardless of age, gender. economic status. and physical condition:

g) Strictly enforce the laws on emission standards and promote the use of non-motorized

vehicles and other modes of mobility to improve the quality of air.

Sec. 3. Definitions. — For purposes of this Act:

a) Active Transport refers to non-motorized means of travel. including walking or using
abicycle.

b) Activity Center refers to a place in a city or municipality where people gather regularly
for work. worship. education, social events. trade. exercise, leisure or other common
interests and purposes.

c) Commuter refers to a person that needs to travel from one place to another. often using
a combination of transportation modes to get to a particular destination.

d) Greenway refers to a road. street. or path with ample greenery and shade where private
motorized transport is not allowed. that also serves as recreational space or a public
park. in order to welcome and encourage environmentally sustainable transportation
modes, especially walking and cycling.

¢) Mobility refers to the ability of a person to travel from one place to another to conduct

daily and extraordinary activities and busines:
1) Private Motorized Transport refers to motorized vehicles weighing more than one
hundred (100) kilograms.
2) Public Transport refers to public sector and franchised private sector services that
transport people over land such as, but not limited to. jeepneys. utility vehicles (UVs),
buses, minibuses, railways, taxis and tricycles. and ferries operating in navigable rivers,

lakes and inland waters.

CHAPTER I
RIGHTS OF COMMUTERS

A. Right to Integrated, Reliable, Adequate, Convenient and Accessible Public

Transportation Services and Related Infrastructures

Sec. 4. Right to Accessible, Convenient and Integrated Transportation Infrastructures. — To

improve mobility. the State shall provide the following minimum requirements:

a) Every city and municipality must have a community-wide network of roads with

appropriate sidewalks, crosswalks, loading/unloading bays, lightings, traffic lights. and


signages. Road infrastructures must take into consideration the needs and requirements
of commuters belonging to the sector of persons with disabilities or limited mobility:

b) If feasible. each barangay must have a network of greenways to encourage active
transport:

©) A public transport must be available within a radius of five hundred (500) meters from
any residential area or activity center in a city:

d) A public transport must be connected to another public transport within a radius of
three hundred (300) meters to promote seamless connectivity between modes:

©) Every road with a speed limit of sixty kilometers per hour (60 kph) must have dedicated
bike lanes: and

£) Every transportation hub. terminal or activity center must be adequately provided with
bicycle racks. Such racks shall be provided at street level if possible, and at most one

level above or below the street.

yn Services. — Public

Sec. 5. Right to Sufficient, Reliable and Comfortable Transporta
transport:
a) Must be supported by properly equipped. adequately-sized and well-maintained
terminals and stops. with attention to the safety and comfort of commuters:
b) Must be sufficient in quantity that commuter waiting time at stops and terminals is
within reasonable levels during peak demand periods:
©) Must be accorded priority in the use of road space that every public transport service
is able to traverse a route without unnecessary delay; and
d) Must observe a no-waiting policy in loading and unloading stations to avoid traffic

build-up.

B. Right to Choose a Public Transport

Sec. 6. Right to Choose a Public Transport Service. — The option of using a particular mode of
available public transport belongs to the commuter. A commuter may not be forced to use a

particular mode of public transportation service.

C. Right to Safe and Secure Travel

Sec. 7. Right to Safety. — To ensure the safety of commuters, as well as the drivers and pedestrians:
a) Every road with a speed limit of over twenty kilometers per hour (20 kph) but not more

than sixty kilometers per hour (60 kph) must feature a dedicated pedestrian
infrastructure, in the form of an unobstructed crosswalks of at least two and a half (2.5)

meters wide in each direction;


b)

ce)

d)

Public transport services must be equipped with a working closed-circuit televisions
(CCTVs) to monitor the operation of the PUV and the road behavior of drivers,
particular on the matter of speed limits, while operating the vehicle. The LTO may
require the submission of CCTV recordings to prove any complaint of misdemeanor of
drivers. The tampering or destruction of CCTV or the contents thereof shall be
punishable in accordance with existing laws:

Except those under the boundary system, PUV operators must adopt a fixed

compensation system for PUV drivers in the amount not below the minimum wage
prevailing in the area of operation: Provided, That if the route covers more than one
municipality. city or province. the basis of compensation shall be the highest minimum
wage in the area of coverage:

Stranded passengers shall be informed in a timely manner about how they will be
redirected to their final destination. If onward journeys are unavailable for more than
one (1) hour, the transport operator shall provide food, water, and access to a waiting

area with restrooms and ventilation; In the event of a service breakdown or

apprehension resulting in the premature termination of journey. the transport operator
shall have the duty to secure the onward journey of the affected passengers by providing
a replacement unit at no additional expense or the refund of the fare: Provided. That
in the case of apprehension leading to the impounding of a vehicle. the apprehending
officer shall allow the PUV driver to bring the passengers to the nearest terminal or
loading/unloading bay: and

Every PUV, while in operation. must be equipped with first aid kit that can be used
during emergency situations. ‘The lack of this requirement shall be a ground for
suspension or cancellation of franchise. PUV drivers must undergo basic first aid

training as a requirement for issuance of professional driver's license.

Sec. 8. Right to Security. - To enhance the safety of the commuting public:

a)

b)

Recordings of CCTVs and other similar recording devices installed in public transport
shall be preserved for security purposes. The copy of recordings shall be made
available by the operator or owner of a PUV upon demand by authorized government
agencies during the conduct of official investigation and in cases pending before the
court; and

Identification cards of PUV drivers, as prescribed by L'TFRB, the plate number of the
PUY. and emergency numbers for assistance by the Philippine National Police and
other relevant agencies shall be prominently displayed inside the vehicle within the

view of the passengers or in any other conspicuous place within the vehicle.


D. Right to Participate in Decision Making Process

Sec. 9. Right of Representation. - To ensure that the welfare and interest of commuters are
considered in all decision-making related to mobility and transportation services. commuters,
individually or through an organized commuter organization or group, have a right to advance
notice and information on any proposed policy. regulation. project or service at local or national

level that affect their mobility. including full details on how they will be affected by the proposed

initiative. Such information shall be made through publication or invitation in such manner that

the same shall reach the recipient not later than ten (10) working days before a scheduled public

consultation

In the conduct of public consultation. the concerned or host agency shall make parallel efforts

through social media and other channels to solicit feedbacks from commuters.

E. Right to Information

Sec. 10. Right to Information for Efficient and Convenient Travel. — The State must provide
timely and adequate information so that commuters are able to make good travel plans and choices
about modes and routes. Information on all public transport services, including route maps, fares.
schedules, and real time vehicle location and availability shall be accessible and prominently
displayed at all stops of public transport services and at other locations deemed necessary or

beneficial to commuters.

Technical standards and regulations shall be established for the display of street maps at strategic
locations in each neighborhood. for the reference of residents and visitors. A twenty-four (24)
hour information and assistance counter shall be available at all ports, airports. and terminals to

serve the needs of travelers.

CHAPTER IL
INSTITUTIONAL MECHANISMS

Sec. 11. Office of Commuter Affairs. — An Office of Commuter Affairs shall be
established in the Department of Transportation (DOT?). It shall have the following functions and
responsibilities

4) Coordinate with other implementing agencies as well as law enforcement agencies in

charge of road, rail, air and maritime transportation to ensure the full implementation
of this Act;

b) Operate help desks for the riding public:


) Establish a common commuter hotline number:
d) Assist the commuters whenever the safety, security and efficiency of travel is
compromised:

€) Undertake massive commuter education programs on the rights and responsibilities of

the traveling publ

f) Provide legal assistance for commuters. when the need arises; and

2) Ensure adequate representation of commuters in any public consultation that will impact
on the welfare and interest of commuters:

The Secretary of the DOTr shall determine the manpower requirement and staffing pattern
of the Office of Commuter A {fairs subject to the approval of the Department of Budget

and Management (DBM).

See. 12. Office of National Transport Data and Planning Center. — There shall be establish a
National Transport Data and Planning Center (NTDPC) under the DOTr. It shall be primarily
responsible for the collection and processing of mobility data which can be used for evidence-

based transport policy research and planning.

The data collected and processed by NTDPC which include road crashes. air pollutions levels, and
public transport routes and travel time information. among others. shall be open and be made
available to the public in accordance with the provisions of the Republic Act No. 10173 or the
Data Privacy Act of 2012.

The Secretary of the DOT+ shall determine the manpower requirement and staffing pattern of the
NTDPC subject to the approval of the DBM.

See. 13. The National Sustainable Transport Action Plan. — The DOTr and the Department of
Human Settlements and Urban Development (DHSUD), in coordination with the National
Economic and Development Authority (NEDA), the Department of Public Works and Highways
(DPWH). the Department of Environment and Natural Resources (DENR). the Department of
Science and Technology (DOST). and the Department of Interior and Local Government (DILG).
and in consultation with the commuter and transport groups, metropolitan area authorities, local
government units, and the members of the academe. shail prepare a National Sustainable Transport
Action Plan (NSTAP) to provide a roadmap for safe, efficient, convenient. accessible, inclusive

and sustainable transportation and mobility in the country.

The NSTAP shall include strategies towards transit-oriented development, the diversification of
transportation and mobility options, including means of active transport. and the integration
thereof, and the development of clean transportation infrastructure at the national and local levels.

The aforementioned agencies shall conduct scientific studies and research. genuine and adequate


consultations with all stakeholders, especially commuter and transport groups, to determine their

varying demands on public transportation. the social. economic and environmental impact of

current and proposed public transportation systems. as well as the need for social protection and
safety nets of vulnerable and marginalized sectors and the use of information and communication

technology to reduce and manage travel demands of the public.

The NSTAP shall guide the integration of sustainable and integrated transport planning in the
preparation and updating of Annual Development Plans. Annual Investment Plans. Physical
Framework Plans, Development Master Plans, Comprehensive Land Use Plans, Disaster Risk
Reduction and Management Plans. and similar plans of the LGUs. The DOTr and DHSUD. in
coordination with NEDA. DPWH and DILG. shall capacitate and provide technical assistance to

LGUs in the harmonization of the aforementioned plans with NSTAP.

CHAPTER IV
FINAL PROVISIONS

See. 14. Nationwide Public Information Campaign. — The DOr and its attached agencies. in
coordination with the Department of Information and Communications ‘Technology. DILG, and
the Philippine Information Agency, and commuter and transport groups, shall undertake a
nationwide information, education and communication campaign. utilizing all forms of media. for

the attainment of the objectives of this Act.

See. 15, Penal Provisions. — Any person or public officer who acts in violation of the provisions
of this Act or refuses to perform the obligations mandated under this Act shall suffer the criminal.
civil and administrative penalties imposed by applicable provisions of existing laws. rules and

regulations.

See. 16. Funding. - The DOTR. DPWH. DHSUD, and other concemed agencies. shall includ

their respective programs the needed operational and institutional requirements in implementing
the provisions of this Act. the initial funding of which shall be charged against their current
appropriations. Thereafter, such sums as may be necessary for the continued implementation of

this Act shall be included in the annual General Appropriations Act.

Said agencies shall accordingly pursue alternative resource mobilization strategies, including, but
not limited to. public-private partnership and land value capture, to leverage public resources and
maximize their value to finance the physical requirements in carrying out the provisions of this

Act.



Sec. 17. Implementing Agencies. ~ The DOTr, the DPWH Department of Public Works and
Highways (DPWH). the Department of the Interior and Local Government (DILG). the
Metropolitan Manila Development Authority (MMDA), DENR, DTI. and concemed local
government units, in the exercise of their existing powers and functions. shall implement the
provisions of this Act, and such responsibilities and duties as specifically herein provided and such

as may be provided in its implementing rules and regulation.

As the lead implementing agency, the DOTr shall be responsible for coordinating and monitoring

of all activities implemented under this Act. It shall ensure that:

a) The core concepts of this framework are integrated in the annual government budget
process:

b) Compliance with the provisions of this Act are included in the annual performance
targets of all relevant national and local government agencies; and

c) Relevant technical standards. guidelines. and manuals of national and local agencies are

amended to incorporate all requirements under this Act.

Sec. 18. Implementing Rules and Regulations. ~ Within six (6) months from the effectivity of
this Act, the DOT, in coordination with the other implementing agencies and in consultation with
all stakeholders, shall prepare the necessary rules and regulations for the effective implementation

of this Act.

Sec. 19. Separability Clause. - Should any provision of this Act be subsequently declared

unconstitutional or invalid, the other provisions not affected thereby shall remain in full foree and

effect.

Sec. 20, Repealing Clause. — All other laws, issuances. orders. rules and regulations, or parts

thereof, which are inconsistent with the provisions of this Act are hereby repealed or amended

accordingly.

See. 21. Effectivity. - This Act shall take effect after fifteen (15) days from its publication in the

Official Gazette or in a newspaper of general circulation.

Approved.