Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3613
HOUSE BILLNO.___

INTRODUCED BY ALFRED VARGAS

EXPLANATORY NOTE

In a report conducted by Metropolitan Manila Development Authority (MMDA), commuters
in the Philippines experiences several mobility issues such as: 13 kilometers of travel in 3
hours, at least 34 deaths every day due to road crashes, the looming provincial bus ban in
EDSA, and the lack of safe and accessible facilities for pedestrians, cyclists, and persons-
with-disabilities.

Cars have long been the priority in urban infrastructure and policy and this has translated
to increasing traffic congestion, air pollution, and overall deterioration of quality of life. Our
streets have been designed to keep vehicular traffic moving, but not the non-motorized life
alongside it. It is only by uplifting the lives of commuters that car users will shift to more
sustainable forms of transport. Our cities in the Philippines have been designed with cars in
mind, but if we want a future with better living conditions then we must push for our rights
to use the street as commuters.

This bill seeks to promulgate and implement policies and programs that will ensure the
welfare and dignity of the commuting public, address challenges of mobility amidst rapid
urbanization, promote road safety, reduce road congestion and air pollution, mitigate
transport-related health hazards, and improve access to services and markets, thereby
fostering social equity, economic development and ecological balance

In view of the foregoing, the immediate approval of this measure is earnestly sought.

ALFRED VAGAS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO._3613

INTRODUCED BY ALFRED VARGAS

AN ACT PROVIDING FOR A BILL OR RIGHTS OF COMMUTERS, PROMOTING EFFICIENT,
SAFE, CONVENIENT, ACCESSIBLE AND INCLUSIVE PUBLIC TRANSPORTATION

Chapter 1
GENERAL PROVISIONS

Section 1. Title, - This Act shall be known as the “Bill of Rights of Commuters.”

Sec. 2. Declaration of Policies. Pursuant to the constitutional provisions,
international laws and conventions which guarantee the freedom of movement, general
welfare, public safety, health and balanced ecology, it is the declared policy of the State to
promote and protect the right of the people to efficient, safe, convenient, accessible and
inclusive transportation and mobility.

Towards this end, the State shall promulgate and implement policies and programs that will
ensure the welfare and dignity of the commuting public, address challenges of mobility
amidst rapid urbanization, promote road safety, reduce road congestion and air pollution,
mitigate transport-related health hazards, and improve access to services and markets,
thereby fostering social equity, economic development and ecological balance.

The State shall endeavour to build the necessary social and physical infrastructures to
diversify mobility options, promote integrated and sustainable transportation, instill road
discipline, and ensure transit-oriented urban development. The State shall encourage the
genuine, inclusive and adequate participation of all stakeholders at all levels of decision-
making in relation to public transportation, with preferential consideration of the rights and
interest of the commuting public.

Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall
mean:

“Commuter” refers to a natural person who travels from one place to another,
through models of public transportation to reach his/her destination;


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“Public transportation” refers to shared passenger transportation services available
for use by the general public, including, but not limited to, buses, trams, rails, rapid
transits, taxis, tricycle and ferry systems;

“Sustainable transportation” refers to any means of transport that is safe, accessible,
affordable and environment-friendly. It includes but not limited to the use of non-
motorized and health-promoting means of transport, development of urban
transport systems that are fuel-efficient and space-saving, and the promotion of
transit-oriented development;

“Integrated transportation” refers to the development of transportation systems that
enables the efficient and safe transit and intermodal transfers of people through the
development of transportation infrastructure and facilities, the coordination of
routes and frequencies of public transportation, utilities, and ticketing and fare
systems;

“Mobility” refers to the ability of a person to travel to, from, and around his/her city
or residence to conduct daily activities;

“Transit-oriented development” refers to mixed-use development designed to
maximize access to public transportation;

“Motor vehicles” refers to any motorized vehicle. The term does not include an
electric bicycle;

“Public transportation utilities” refer to common carriers engaged in the business of
carrying and transporting passengers or good or compensation, offering their
services to the public

“Public utility vehicle (PUV)" refers to any public utility bus, taxicab, public utility
jeepney, school transport service, tourist transport service, utility vehicle express
service, bus rapid transit, airport bus, premium taxi, transport network vehicle
service, shuttle bus and other motor vehicles classified or as may hereinafter be
classified by the Land Transportation and Franchising Board or an appropriate
agency as such,

“Active transport’ refers to non-motorized means of travel, including but not limited
to walking bicycling, and use of strollers, skates, skateboards, push scooters,
handcarts and wheelchair;

“High-volume transport corridors” refer to roads, bridges, streets, walkways,
sidewalks, foot paths or mass transportation terminals where the flow of people is
at least 2,000 per hour per direction during peak travel periods;


|. “Public roads" refer to all streets, roads, bridges, highways and other thoroughfares
constructed and maintained by the national government by any local government
unit;

m. “Pedestrian” refers to a person travelling on foot or using non-motorized means of
travel;

n. “Public transport or PUV operator” refers to any person or entity in whose name a
Certificate of Convenience is issued by LTFRB to operate a public transport service
for compensation and for a covered period of time;

©. “Activity centers” refer to places in a city or municipality where people gather
regularly for work, worship, education, social events, trade, exercise, leisure, or
other common interests and purposes;

p. “Walkways” refer to a continuous pathways designated for pedestrians and
separated from lanes for motor vehicles by space or barrier;

4. "Pedestrian lane or crosswalk” refers to any portion of a public road at an
intersection or elsewhere for the use of pedestrians marked by lines or other
markings on the surface;

". "Sidewalk" refers to walkways parallel to both sides of a public road, with a width
and elevation as may be deemed appropriate for safe and convenient pedestrian
passage;

“Greenway” refers to roads, streets or paths with ample greenery and shade that
serves as recreational space or public park which encourages environmentally
sustainable transportation modes including walking and cycling, among others;

t “Road Safety Audit” refers to systematic checking of the safety of highways and
traffic management schemes, including modifications to existing layouts which aims
to address safety problems and minimize future problems. Safety audit is a
necessary component of the design, construction and maintenance of road projects;

4. "Security camera” refers to a video that records the activities happening inside a
vehicle to detect and prevent crime and other related situations;

“Dashboard camera” refers to an onboard camera that continuously record the view
through a vehicle's windshield, which may be attached to the interior windshield or
to the top of the dashboard, by suction cup or adhesive tape mount;


w. “Global Positioning System" refers to a space-based satellite navigation system that
provides location and time information in all weather conditions, any here on or
near the Earth where these is an unobstructed line of sight to four or more GPS
satellites;

x. “Ridership” refers to the number of persons who ride public transportation

y. “Land value capture” refers to strategies that determine the increase in land value of
the immediate neighboring parcels of land of a projects funded by the national
government which includes transportation infrastructure and facilities such as, but
no limited to, mass transit stations, transport corridors, integrated transportation
terminals, expressways and toll road exits, to promote social equity and
environment sustainability. Land value capture takes various forms and schemes,
such as, but no limited to, the imposition of real property taxes and special
assessments imposable on those whose property benefited from a project funded by
the national government including joint ventures, partnerships, corporations, and
third-party contributors.

Chapter I
RIGHTS OF COMMUTERS

A. Right to Efficient and Safe Transportation

Sec. 5. Right to diverse and integrated public transportation. The State shall
develop a diverse and integrated transportation system to enable efficient mobility and
intermodal connectivity of people. The State shall endeavour to ensure accessibility of
activity centers and work places by public transportation to the people as a common good.

‘The State shall promote different modes of public transportation to satisfy the
varying demands of people through the integration of operational, physical and institutional
mechanisms which facilitate efficient, convenient and safe transfers between public
transportation utilities. Operational integration involves the rationalization of routes and
coordination of schedules and frequencies thereof. Physical integration requires the
development of mass transit and ferry systems, common transportation terminals and
stations, and an adequate network of roads, walkways, greenways, and high-volume
transport corridors. Institutional integration involves the rationalization of public
transportation fares, rates and charges, including the grant of discounts or free transfers
between transportation utilities and modalities.

Sec. 4. Right to quality public transportation. - The State shall uphold and enforce
quality standards of public transportation utilities to ensure its roadworthiness, safety and
reliability.


Sec. 5 Right to safety. ~ The State shall promote the welfare of commuters and
enhance road safety to protect their fundamental right to life and health. Towards this end,
the State shall pursue the following:

a. Road safety. The State adopt and enforce a zero-road fatality policy through
the implementation of appropriate speed controls and conduct of regular
Road Safety Audits.

b. Fixed compensation for PUV drivers. - In order to instill road discipline
among PUV drivers and prevent road accidents frequently caused by
reckless and unlawful driving by competing drivers, the State shall regulate
competition among PUV drivers by prescribing fixed wages for PUV drivers
in an amount mutually agreed upon between PUV operators and drivers but
ho case shall the amount be lower than minimum wage prescribed by
existing laws, rules and regulations; Provided, That, in determining the same,
the minimum ridership shall be taken into account

Sec. 6, Right to clean air during travel. - The State shall promote and protect the
Fight of the commuter to a smoke and odor-free travel through the strict implementation of
Republic Act No. 8749, otherwise known as the Philippine Clean Air of 1999, Republic Act
No. 8749, Republic Act No. 9211, or the Tobacco Regulation Act of 2003, and Executive
Order No, 26, s. 2017.

See. 7. Fair share of road space for public transportation. - The State shall
Promote the right of the commuter to efficient public transportation, and shall adopt and
implement tragedies and policies to reduce travel time and costs of commuters. Towards
this end, the Metropolitan Manila Authority and local government units shall designate road
lanes for dedicated use of PUVs and other public transportation utilities; Provided, that, as
far as practicable, the number of road lanes for PUVs and public transportation utilities shall
be one (1) higher than the number of road lanes reserved for private motor vehicles,

Sec. 8. Crime and accident prevention during level. - ‘The State shall promote and
Protect the right of the commuter to safe travel, and shall adopt and enforce policies to
Prevent and deter crimes and untoward incidents resulting in injury to life, limb and health,
and loss of property. Towards this end, the State shall strictly implement Republic Act No.
10586, or the Anti-Drunk and Drugged Driving Act of 2013 and Republic Act No. 10913, or
Anti-Distracted Driving Act. Additionally, the State shall pursue the following:

a, Mandatory installation of security and/or dashboard camera and Global
Positioning System (GPS) in public utility vehicles. All PUV and public
transport operators, whether under existing franchise or upon application of a
new one, are hereby required to install a security camera, dashboard camera or
similar devices, and GPS in every PUV unit he/she presently owns or operates,
or will own or operates in the future; Provided, that no franchise shall be granted
to motor vehicles intended for public utility without compliance with this
Provision; Provided, further, that the security or dashboard camera shall be


placed without obstructing or impairing the driver's view of the road and
Outside the range of airbag deployment.

Sec. 9. Right to medical assistance. - ‘The commuter shall have the right to proper
application of first aid procedures, medical assistance and emergency safety devices during
emergency situations where commuter’s health is concerned.

All PUV and public transportation operators, under an existing franchise or upon
application of a new one, are hereby required to install emergency first aid kits in every PUV
unit he/she presently owns or operates, or will own or operate future; Provided, that no
franchise shall be granted to motor vehicles intended for public use without compliance
with this provision. A periodic inspection for this purpose shall be conducted by the LTERB.

PUV drivers are hereby required to undergo basic first aid training. The Department
of Health (DOH), the Philippine Red Cross, LTFRB and LTO shall promulgate rules and
regulations for the proper implementation of this Section.

Sec. 10. Right against sexual harassment in public transport terminals and
PUVs. Pursuant to Republic Act No. 11313, or the Safe Spaces Act, gender based sexual
harassment in streets and public spaces, including transportation terminals and public
utility vehicles, shall be prohibited and penalized

Under existing rules and regulations, public transportation utility operators may
claim as tax deduction the fare discount granted based on the cost of the services rendered.

Sec. 12. Right to participation in determination, review and adjustment of
public transportation fares and rates. The State shall promote and enable the active and
adequate participation of the commuting public in the determination and periodic review
and adjustment of public transportation fares, rates and other related charges.

Sec, 13. Right to mobility and access to public transportation of persons with
disability. ~ Pursuant to Republic Act 7277, the State shall promote the mobility of persons
with disability and shall develop and implement programs to assist PWDs on gaining access
to public transportation utilities and facilities, including but not limited to, the use of an
animal assistant or portable mobility aids.

C. Right of Sustainable Transportation and Urban Mobility

Sec. 14, Right to clean transportation. The State shall pursue and formulate
strategies, policies and programs towards sustainable transport and the modernization of
public transportation to reduce carbon footprint. Towards this end, the State shall promote
active or non-motorized transport, and the utilization of alternative fuels and emerging
energy technologies in public transportation, pursuant to Republic Act No. 8749 and
Republic Act No. 9367, or the Biofuels Act of 2006.

Sec. 15. Use of bicycle and other means of active transport. - The State shall
promote active transportation and alternative modes of transportation that create less


carbon footprint, and support active and healthy lifestyle. Towards this end, the State shall
pursue the following:

a. Installation of walkways and greenways. - It shall be the duty of the
Department of Public Works and Highways and LGUs concerned to provide
adequate sidewalks and crosswalks on public roads, free from any obstruction
atall times and clearly marked with visible and conspicuous signage’s, as well as
greenways to encourage active transport. In major roads, as far as practicable,
there shall be allotted three (3) meters for sidewalks; Provided, that, in cases
where the provision of sidewalk shall not be feasible, for reasons of insufficient
and area, easement or legal right protected by law, an elevated footbridge or
underground walkways shall be installed in lieu thereof; Provided further, that
all walkways shall provide access for persons with disability and users of non-
motorized transportation vehicles; Provided finally, that and adequate lighting
shall be installed along walkways and greenways to allow safe travel after dark.

b. Designation of bike lanes. - Each LGU shall designate a bike lane at least one
(1) meter on the rightmost portion of major roads within its jurisdiction which
shall be clearly marked as such and, as far as practicable, segregated from all
vehicular traffic lanes by a physical barrier and marked with appropriate signs
and/or pavement markings, In cases where the installation of a physical barrier
{s not feasible, a bike lane shall be identified through reflectorized painted lines.
Existing bike lines shall be assessed for safety and connectivity and shall be
subject to measures to improve the same.

The designated bike lanes shall be for the exclusive use of bicycles. All motorized
vehicular traffic shall not be allowed to use the bike lane at any time of the day
expect for emergency medical purposes. The right of way of bikers shall be
Paramount at all times and may not be obstructed by a parked or standing
motor vehicle or other stationary objects.

© Provision of bicycle parking spaces. - The DOTr shall establish guidelines on
the minimum supply of bicycle parking spaces and bike racks in all public places,
government offices, schools, hospitals, and major business establishments,
Including, but not limited to, malls, banks, and restaurants, taking into
consideration the population of volume of people in the area; Provided, that, the
owners of said establishments shall pay for the construction and maintenance
thereof.

Sec. 16. Sustainable transport planning. The State recognizes that public
tansportation and mobility is an integral part of urban development. Accordingly, the State
Tecognizes the importance of transport planning in creating sustainable cities and
communities. The shall promote a shift towards sustainable transport, increasing mobility


of persons, especially the poor, marginalized and underprivileged sectors, improving air
quality, and ensuring the safety and reliability of public transportation utilities.

Towards this end, 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
Sovernment units, and the academe, shall 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, 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
technologies 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 LGUs. DOTr and
DHSUD, in coordination with NEDA, NPWH and DILG, shall capacitate and provide technical
assistance to LGUs in the harmonization of the aforementioned plans with NSTAP

D. RIGHT TO INFORMATION AND PARTICIPATION IN POLICYMAKING.

Sec. 17. Nationwide public information campaign. Every Filipino shall have
access to information, official records, public records and to documents and papers
pertaining to official acts, transactions or decisions, and research data in relation to public
transportation, subject to existing rules and regulations.

The DOTr 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.



Sec. 18. Display of identification of PUV drivers, plate number of PUVs
And emergency numbers for assistance. Identification cards of PUV drivers, as
Prescribed by LTFRB, the plate number of the PUV, and emergency numbers for assistance
by the Philippine National Police and other concerned agencies shall be prominently
displayed inside the vehicle within the view of the passenger or in any other conspicuous
place within the vehicle

Sec, 19. Genuine, inclusive and adequate participation in policymaking,

The ‘State shall uphold and promote the right of the people and their organizations,
especially underprivileged and marginalized sectors, to genuine and adequate participation
in the crafting and evaluation of public transportation-related policies, plans and programs,
including frameworks, strategies and standards; Provided, Threat, concerned agencies shall
hold public consultations at a convenient time and place for commuter and transport
Broups; Provide, further, that concerned agencies shall establish mechanisms to solicit
feedback from commuters through digital forms of media.

E, RIGHT TO REDRESS

Sec. 20. Right to refund. The commuter shall have the right to refund of
transportation fee in cases of public transportation service breakdown. In cases of
mechanical or engine trouble or other similar instances that hinder continuation of carriage,
the commuter shall be entitled to full or partial refund, depending on the distance travelled,
oF shall be provided with substitute means of transportation or be assisted to secure one.

Sec. 21. Right to compensation in cases of physical injury and death. In cases of
death or physical injuries due to unlawful and reckless driving, the aggrieved party shall be
entitled to compensation as provided by applicable laws, rules and regulations.

Sec. 22. Assistance desk in transport terminals. The DOTr, LTFRB and/or LGUs
shall provide for twenty four (24)-hour Complaints and Assistance Desks in transport
terminals to address commuter needs and problems in situ and assist commuters whose
right have been violated; Provided, that, in cases where the complaint shall be filed against
the driver, the LTFRB shall conduct the investigation and resolve the complaint not later
than seven (7) working days after mediation, or seven (7) working days after adjudication,
under such rules and regulations it may provide

‘The complaint instituted under the provisions of this Act shall not bar the filing of a
cwil oF criminal complaint for violation of any law, rule and regulation resulting from the
same act or commission, whenever applicable.


Sec. 23. Commuters’ hotline number. DOr shall provide a common three (3) or
four (4)-digit hotline number, supported by a Commuter Safety Call Center, to address
inquiries, complaints and concerns of commuters.

Sec. 24. Legal assistance. DOTr shall provide legal assistance to commuters in the
filing, processing and documenting of complaints, negotiating for amicable settlement or
resolution mutually acceptable to the parties there to, and elevation of the complaint to
appropriate authorities.

CHAPTER III
PENAL PROVISIONS

Sec. 25. Fines and penalties. A fine of P100,000 to P300,000 and/or impoundment
of the subject vehicle and/or cancellation of their franchise shall be imposed upon any
person, including drivers or operators who shall be proven to have violated any provision of
this Act or failed to observe the corresponding duties and Responsibilities indicated herein.
Public officers who shall be found to have been negligent in the performance of the duties
and responsibilities indicated in this Act will by administratively liable pursuant to existing
laws, rules and regulations.

CHAPTER IV
FINAL PROVISIONS

Sec. 26. Joint Congressional Oversight Committee. There is hereby created A
Joint Congressional Committee to monitor the implementation of this Act and to Review the
implementing rules and regulations promulgated. The Committee shall be composed of five
(5) Senators and five (5) Representatives, to be appointed by the Senate President and the
Speaker of the House of Representative, respectively. The Chairpersons of the Senate
Committees on Public Services, and Urban Planning, Housing and Resettlement, and the
House Committees on Transportation, and Housing and Urban Development, shall be ex-
officio members of the Committee.

Sec. 27. Funding. The Department of Transportation, the Department of Public
Works and Highways, the Department of Human Settlements and Urban Development, and
other concerned agencies, shall include in their respective Programs the needed operational
and institutional requirements in upholding the Enumerated rights in 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

Sec. 28. Implementing Rules and Regulations. Within six (6) months since


the effectivity of this Act, 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 academe, shall Promulgate the implementing rules and regulations for the
effective implementation of This Act.

Sec. 29. Separability Clause. If, for any reason, any part, section provision Of this
Act is held invalid or unconstitutional, the remaining provisions not affected thereby shall
continue to be in full force and effect. All law, decrees, executive orders, proclamations,
rules and regulations, and other issuances, or parts thereof which are inconsistent with the
Provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 30. Repealing Clause. All laws, decrees, executive orders, proclamations, rules
and regulations, and other issuances, or parts thereof which are inconsistent with the
provisions of this Act area hereby repealed, amended or modified accordingly.

Sec. 31, Effectivity. This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of generals circulation.

Approved,