Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
EIGHTEENTH CONGRESS
House Bill No.

Introduced by the Honorable Precious Hipolito Castelo

EXPLANATORY NOTE

Due to the perennial problem of traffic in many urban ares, especially in Metro Manila,
Filipinos are left with no choice but to fend for themselves by finding alternative, albeit, illegal
means of transportation.

‘This is the reason why motorcycles have become an accepted mode of public transportation.
Tris ier example ts the habal-habal, which is found in many pans of the country. Another
Trample is the Angkas, which is operated through a mobile application and is considered to
be a Transport Network Vehicle Service (TNVS) player.

Despite the proliferation of these motorcycie-for-hire schemes, under Republic Act No. 4136
Or the “Land Transportation and Traffic Code", motorcycles are not authorized to conduct
Pusiness and offer public transport services. This is the reason why the Supreme Court
previously issued a Temporary Restraining Order (TRO) against Angkas.

Nevertheless, during the 17" Congress, the House of Representatives passed a resolution
ve vetnewised the Department of Transportation to implement pilot program for the
which vation of the viability and safety of motorcycles‘or hire i means of public
Consportation, pending the process of the creation of a law that will allow them to operate.

‘The pilot program is now being implemented by the Department of Transportation and was
Set to run for six (6) months. The operation of these motorcycles-for-hire are temporarily
Sonsidered legal during the implementation of this program.

In recognition of the public clamor for the legalization ‘of the operation of motorcycles for-hire,
this measure seeks to amend the Land Transportation and Traffic Code

The immediate passage of this bill is most earnestly

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

First Regular Session
EIGHTEENTH CONGRESS

House Bill No. 9352

Introduced by the Honorable Precious Hipolito Castelo
AN ACT
ALLOWING AND REGULATING THE USE OF MOTORCYCLES AS PUBLIC UTILITY
VEHICLES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4136, OTHERWISE
KNOWN AS THE LAND TRANSPORTATION AND TRAFFIC CODE

fe 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 “Motorcycles-for-Hire Act of
2019"

SEC. 2. Declaration of Policy. -Itis the policy of the State to provide and fo promote
adequate and efficient modes of transportation in the country. Towards this end, the State
aoe aaiect measures for the regulation of motorcycles-for-hre to ensure that the paramount
sa eras the public ig protected and conserved, while encouraging free enterprise and

‘economic development.

SEC. 3. Section 7(d) of Republic Act No. 4136 or the Land Transportation and Traffic
Code is hereby amended as follows:

“Sec 7. Registration Classification. — Every motor vehicle shall be registered
under one of the following described classifications:

(a) ox

0K

(d) Public utility automobiles; e) public utility trucks; (f) taxis and auto-calesas;
(g) garage automobiles; (h) garage trucks; (!) hire trucks; [and] (j) trucks owned
by contractors and customs brokers and customs agents[]; AND (K)
MOTORCYCLES-FOR-HIRE. Application for registration under these
Mlassifications shall be accompanied by a certificate of public convenience or
a special permit issued by the [Public Service Commission] LAND
TRANSPORTATION FRANCHISING AND REGULATORY BOARD, and
Motor vehicles registered under these classifications shall be subject to the
Pape Service Law, rules and regulations, as well as the provisions of this Act.”

SEC, 4, Motorcyeles-for-Hire are Common Carriers. - Motorcycles for-hire are hereby
declared as common carriers for purposes of determining liability and degree of diligence that
se ee “cxercised in the course of transporting passengers or goods, As such, the
presumption of negligence in case of breach of contract of carriage is applicable to them.


SEC. 5. Implementing Rules and Regulations. — Within sixty (60) days from the
approval of this Act, the Department of Transportation (DOT®), in coordination with the Land
Transportation Office (LTO) and the Land ‘Transportation Franchising and Regulatory Board
LTFRB) shall formulate and promulgate the necessary rules and regulations to implement: the

provisions of this Act.

SEC. 6. Separability Clause. — If, for any reason, any part, section or provision of this
Act is held invalid or unconstitutional, the remaining provisions not affected thereby shall
continue to be in force and effect.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules

and regulations and other issuances, or part or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed, amended or modified accordingly.

SEC. 8. Effectivity Clause. - This Act shall take effect fifeet (15) days after its
pubiication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,