Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEETH CONGRESS
Third Regular Session

8797

House Bill No.

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

EXPLANATORY NOTE

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

‘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 sox

“KUYA” JOSE ANTONIO R. SY-ALVARADO
Representative

First District of Bulacan


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEETH CONGRESS
Third Regular Session

House Bill No._ 8797

Introduced by Representative “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. Definition 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
carried 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, and 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:

a) 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.

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

c) The actual number of passengers in a PUY in the event of a mishap resulting to the

death or bodily injuries of any of the passengers.

1)

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 Fourty 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 driver’s license

Section 5. Implementing Rules and Guidelines. — Within the period of ninety (90) days
after effectivity of this Act, the Department of Transportation (DOTr), through Land
Transportation Franchising and Regulatory Board (LTFRB) 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 provisions 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 (DOTr) 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 hi

Section 9. Effectivity.
Official Gazette or in

‘Act shall take effect fifteen (15) after its publication in the
newspaper of general circulation

Approved,