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HOUSE REPRESENT: ATWES
“RECENVED

Bie 30 JUN 2016

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REGISTRATION UNIT
BILLS AND INDEX SERVICE.

SEVENTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES

First Regular Session )

459

HOUSE BILL NO.

Introduced by ANGKLA Party-list Representative JESULITO A. MANALO

AN ACT PENALIZING PERSONS FOUND TO BE OPERATING OR OWNING
MOTOR VEHICLES IDENTIFIED AS COLORUM, AND FOR OTHER
PURPOSES

EXPLANATORY NOTE.

It is acknowledged that the government has been continuously adopting a
sufficient, safe and efficient system to provide public transport service to our
commuters. The creation of measures and policies to achieve this includes, among
others, roll-on roll off (RORO) services and the grant of more franchises or
certificates of public convenience to a growing number of public utility vehicles that
cater to the commuting public, which is undeniably getting larger, as well.
Undeniably, the huge population of commuters who rely on public transport service,
whether in the cities or provincial areas, consist of the masses, including seafarers
and their family members. Without even having to make a distinction in the type of
daily commuters who avail of this public service, it should be among the primary
duties of the government to guarantee that the public can rely on a safe and secure
public transport service at all times.

It is unfortunate that amidst the many public land transport mechanisms
presently in force, there are also numerous traffic and vehicular accidents that are
encountered, most of which result to injury and even loss of lives. One of the patent
causes of these accidents is the unabated and blatant operation of “colorum” or
unauthorized public motor vehicles, which are considered menaces further clogging
our roads,


With the increasing number of vehicular tragedies that have occurred in our
country, resulting to death of numerous individuals, there is an urgent need to re-
examine and strengthen policies that the government, through LTFRB, implements
to combat the proliferation of unauthorized public land transport vehicles.

There is an urgent need to revisit existing regulations and mechanisms that
will help better safeguard the integrity, validity and efficiency of the issuance of
franchise and certificates of public convenience in favor of public transports.
Concomitant to these safeguard measures is the enforcement of more stringent penal
provisions against erring and abusive owners and operators of public transport,
whose reckless disregard of rules and regulations pertaining to the public transport
system has resulted to loss of lives of thousands of people, Certainly, this will deter
and eradicate the operations of unauthorized public vehicles, with the end view of
promoting full protection to, and achieving road safety for the benefit of the public.

For these foregoing reasons, the passage of this bill is most earnestly sought.

Party-list Representative
GLA Party-list


SEVENTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )

First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No.__ 459

AN ACT PENALIZING PERSONS FOUND TO BE OPERATING OR OWNING
MOTOR VEHICLES IDENTIFIED AS COLORUM, AND FOR OTHER
PURPOSES

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

Section 1, Short Title. - This Act shall be known as the “Anti-Colorum Act”.

Section 2. Declaration of Policy. - Pursuant to the Constitutional principles
that recognize the protection of life and property and the promotion of the general
‘welfare as primordial and essential, and in line with the duties reposed in it with
respect to its power to issue, regulate and revoke public utility franchises, it is
hereby declared the policy of the State to ensure and guarantee road safety through
the establishment of more rigid and stricter measures against the blatant use of
colorum vehicles,

It is likewise the policy of the State to promulgate, enforce and implement
policies, laws, and regulations of public land transportation services.

Towards this end, the State shall institute stricter mechanisms, including
penal provisions to discourage and subsequently eradicate the creation and
operation of colorum vehicles.

Section 3. Definition of Terms. - For purposes of this Act:

(a) Motor vehicle refers to any vehicle used for land transportation, except
those propelled by muscular power.


(b) Public utility vehicles (PUVs) refer to motor vehicles engaged in the
transportation of passengers or goods or both, for hire or compensation, with
general or limited clientele, whether permanent, occasional or accidental and, which
are owned, operated, managed, or controlled in the Philippines. These PUVs are
duly issued valid and subsisting permit, franchise or CPC by the LTFRB, which
identifies and prescribes their specific routes of service to operate and provide public
transport service.

(©) __ Private vehicles refer to motor vehicles intended for private use, issued
a private plate, and thus are not engaged in the transportation of passengers or
goods or both. These private vehicles are not issued any permit, franchise or CPC by
the LTFRB to operate, manage, and provide public transport service.

(a) Land Transportation Franchising and Regulatory Board (LTFRB) refers
to the board or government agency created by virtue of Executive Order No. 202,
under the supervision of the Department of Transportation and Communication
(DOTC), It is mandated to promulgate, administer, enforce, and monitor compliance
of policies, laws, and regulations of public land transportation services.

(e)  Colorum motor vehicle refers to any and all of the following:

1) Any PUV, which provides public transport service beyond its
prescribed route of service, either on a permanent, occasional or accidental basis,
which route is not included in its valid and subsisting permit, franchise, or CPC duly
issued by the LTFRB.

2) — Any PUV the permit, franchise, or CPC is suspended, but continues to
provide public transport service, either on a permanent, occasional or accidental
basis.

3) Any PUV the permit, franchise, or CPC has expired, without a valid
extension duly filed within the prescribed period, but continues to provide public
transport service, either on a permanent, occasional or accidental basis.

4) Any private vehicle driven, operated, or used as a public utility or
which provides public transport service, notwithstanding the absence of a valid and
subsisting permit, franchise, or CPC duly issued by the LTFRB therefor, and which
transport services is provided either on a permanent, occasional or accidental basis.

(® Permit, Franchise or Certificate of Public Convenience (CPC) may be
used interchangeably or collectively and for the purpose of this Act, shalll refer to
valid and subsisting certificates issued by the LTFRB, which proves that the holder
thereof is duly and lawfully granted the right and authority to operate and provide
public transport service within the prescribed route of service therein specified and
to do business that promotes the public interest in a suitable manner, in accordance
with the pertinent provisions of the Public Service Law.


Section 4, Punishable Act. - It shall be unlawful for any person to drive,
operate, own, render or provide public transport service through the use of a
colorum motor vehicle, Any person who violates any provision of this Act shall be
held criminally liable, and shall be meted out the corresponding penalties sanctioned
under Section 7 of this Act.

LTERB shall be responsible in the filing, initiation and prosecution of the
criminal action sanctioned in this Act.

Section 5, Measures. - It shall be the responsibility of the LTFRB and the Land
Transportation Office (LTO), under the auspices of the DOTC, to jointly coordinate
and institute measures designed to discourage and entirely eliminate the use of
colorum motor vehicles.

Section 6, Deputation, - For the purpose of strictly and fully enforcing the
provisions of this Act, the LTFRB may deputize any and all of the following

(a) police officers of the Philippine National Police (PNP), whether part of
its traffic enforcement office or otherwise;

(b) traffic enforcers and members of the Metro Manila Development
Authority (MMDA);

(6) local government units, through the office of the municipal or city
mayor and/or provincial governor; and

(a) such other officers and members of the different government agencies
mandated and designated to enforce the regulation of the public transport system.

In the event that any of the deputized individuals and agencies found a party
guilty of violating any of the provisions punishable under this Act, such deputized
individual or agency shall be mandated to notify and report the details of the
incident to the LTFRB.

Section 7. Penalties. - (a) The owner and operator of a colorum vehicle shall
be meted out the penalty of imprisonment of prision correccional in its maximum.
period or a fine, or both, subject to the discretion of the trial court hearing the case.
The fine imposed under this section shall follow the rate or schedule provided
below:

(a:1) Public Utility Bus = P1,000,000.00
(a.2) UV Express - P_ 200,000.00
(a3) Taxi - P 125,000.00

(a4) Public Utility Jeepney - P 50,000.00


In the event that the owner and/or operator is a juridical person, the partners,
in case of partnership, and the members of the board, in case of a corporation, shall
be held criminally liable.

(b) The driver's license of the person found to have been driving the colorum
motor vehicle, whether he is the owner/ operator or the latter’s personnel, shall be
immediately confiscated and suspended for a period of twelve months for the first
offense and perpetually revoked for the second offense. This perpetual revocation is
understood to completely disqualify such person from being granted any type of
driver's license thereafter.

(©) The colorum motor vehicle used shall likewise be permanently
confiscated by the LTERB.

(a) Alll permits, franchise, or CPCs issued in favor of the owner and/or
operator of a PUV used and operated as a colorum, including those that pertain to
other PUVs even not used and operated as a colorum, shall be revoked, Further, the
said owner/ operator shall likewise be perpetually disqualified to operate any kind
of public land transportation.

(c) In case of a private vehicle used as a colorum, the owner and/or
operator thereof found guilty under this Act shall likewise be perpetually
disqualified to apply for and operate any kind of public land transportation,

(If the use of colorum motor vehicle resulted to another criminal offense
punishable under the Revised Penal Code (RPC), such as, but not limited to physical
injuries, damage to property and/or homicide, such use of colorum motor vehicle
shall be considered as an aggravating circumstance. If the offense as contained in
the RPC also imposes a fine, the court, shall order its imposition of a fine not less
than Two Hundred Thousand Pesos (Php200,000.00) but not more than One Million
Pesos (Php1,000,000.00).

Section 8. Separability Clause. - If, for any reason, any part or provision of
this Act is declared invalid, such declaration shall not affect the other provisions of
this Act.

Section 9. Repealing Clause. - All other laws, orders, issuances, circulars,
rules and regulations or parts thereof which are inconsistent with any provision of
this Act are hereby repealed or modified accordingly.

Section 10. Effectivity. - This Act shall take effect after fifteen (15) days
from its publication in the Official Gazette or in two (2) national newspapers of
general circulation.

Approved,