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Republic of the Philippines SR
HOUSE OF REPRESENTATIVES IB
Quezon City Te
SEVENTEENTH CONGRESS
First Regular Session
HOUSE BILL No. 3877 29

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T, ZARATE.

AN ACT
REGULATING THE COMPENSATION OF PUBLIC UTILITY BUS DRIVERS
AND CONDUCTORS BY REQUIRING BUS OPERATORS TO PAY THEM
FIXED MONTHLY SALARIES AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF

EXPLANATORY NOTE

‘A few days before Christmas of 2013, a bus under the “Don Mariano” line that was full of
passengers on their way to work came crashing down from the Skyway in Alabang, Metro
Manila. The incident resulted to the death of 18 persons and the injury of 11 others.
Investigation revealed that the bus driver had been driving for 19 hours, virtually nonstop,
without sleep and rest—just because he had to make sure he earned enough money or
boundary.

Ithas been almost normal to hear media reports of traffic jams and vehicular accidents
involving buses. Many accidents involve competing buses, each trying to outdo each other in
getting more passengers. Sometimes, the accidents are caused by tired and sleepy drivers who
are forced to work for more than 16 hours a day.

In 2011, the Metro Manila Accident Reporting and Analysis System (MMARAS) in its traffic
accident report from January to December recorded 6,940 bus accidents or a daily average of
19 accidents involving buses all over the country. It has recorded 34 fatalities and 6,095
accounted damage to property caused only by bus accidents. According to the data, most
fatal accidents happen during the noontime and morning rush.

According to Robbie Torres, President of Autodelta Coach Builders and a Bus Operator, the
five common mistakes usually committed by drivers that cause accidents in the streets are
overspeeding, tailgating, and beating the red light, backing up without adequate guidelines
and reckless overtaking.


In July 2012, the Department of Labor and Employment (DOLE) and Land Transportation
Pranschising and Regulatory Board (LTFRB) issued Department Order No. 118-12, ordering
bus operators to give fixed salaries to their bus drivers and operators on a minimum basis.
However, the Supreme Court issued a Status Quo Ante-Order afier bus operators appealed to
the Supreme Court arguing that the DO is unconstitutional, null and void, In the meantime
that there is a Status Quo Ante-Order, situation remains the same for bus drivers competing
with each other for higher commissions from bus operators.

Poor working conditions and unfair boundary or commission-based systems are at the root of
these accidents, Drivers and Conductors are pushed to compete with other buses to get more
passengers. They are often forced to man graveyard shifts, with some driving for almost 20
hours a day. Despite the painstaking work, bus drivers and conductors, alike most of
contractual workers, are deprived even of collective and individual rights for humane
working conditions.

In a majority of Metro Manila bus lines, drivers get a commission of 9% from the gross
collection while conductors receive 7%. The bus owners or operators are the ones who set the
commission rate for drivers and conductors. Not meeting the quota for the day would deprive
them of the coveted bonus or worse, half of the cost of the gasoline will be deductive from
their collections and their commission would be computed based on the remaining amount.
‘At present, most bus drivers and conductors work three to five days a week, eight hours or
more a day (some double that) while relievers work less than three days a week. They work
less than five days a week but almost without rest to the detriment of the passengers.

This bill, originally filed as House Bill 3611 by Bayan Muna Representatives Carlos Isagani
T. Zarate and Neri Colmenares with Anakpawis Party-list Rep. Fernando Hicap, during the
16" Congress, seeks to regulate the compensation of public utility bus (PUB) drivers by
requiring the operators of PUBs to grant fixed salaries as well as fixed working hours. A
sample computation will show that drivers currently earning P900 a day and working more
than 12 hours a day for three days a week will receive almost the same income based on the
minimum wage for working eight hours a day for six days a week. The difference is that
under this proposed act, drivers will get enough rest while operators spend almost the same
amount for salaries

In fact, several provincial bus companies are already employing a fixed monthly salary
scheme for their drivers and conductors,

With the assurance of the.fixed salaries on a regular basis, PUB drivers and conductors will
no longer be pressured to compete or be forced to work beyond humane working hours.
Serious accidents and traffic problems involving these buses will therefore be significantly
lessened.

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

Appoved,

Rep. CARLOS IS, at T. ZARATE

Bayan Muna Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
irst Regular Session

3879

HOUSE BILL No.

Introduced by BAYAN MUNA Rep. CARLOS ISAGANI T, ZARATE.

AN ACT
REGULATING THE COMPENSATION OF PUBLIC UTILITY BUS DRIVERS
AND CONDUCTORS BY REQUIRING BUS OPERATORS TO PAY THEM
FIXED MONTHLY SALARIES AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF

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

SECTION 1. Short Title. — This Act shall be known as the “Bus Drivers and Conductors
Compensation Act of 2013.”

SECTION 2. Declaration of Policy. - Itis hereby declared the policy of the State to grant
just and humane working conditions for bus drivers and conductors as well as secure and
safeguard citizens from risks of vehicular accidents and traffic problems caused by competing
and overworked bus drivers. Towards this end, the State shall regulate the compensation of
public utility bus (PUB) drivers by requiring bus owners or operators to pay them fixed
monthly salaries.

SECTION 3. Coverage. — All persons who have been issued a Certificate of Public
Convenience (CPC) to operate a public utility bus service shall pay their PUB drivers and
conductors as compensation for work performed a fixed monthly salary which shall not be
less than the minimum wage fixed by law, plus benefits and incentives.

SECTION 4. Driver and Conductor Qualifications and Standards, ~ All operators of public
utility bus service shall comply with the driver and conductor qualifications and standards
which shall be established by the Land Transportation and Franchising and Regulatory Board
(LTERB) in order to ensure the employment of qualified and experienced drivers and
conductors.

SECTION 5. Driving Hours. ~ All operators of public utility bus service shall require their
drivers to observe the following work scheme:

a. Driving hours shall not exceed eight (8) hours inclusive of the rest period;
b. A two-shift system shall be employed; and
c. There should be at least one (1) hour rest per working day.


SECTION 6. Daily Time Record or Trip Report Monitoring System, ~ All PUB operators
shall require their drivers to submit daily time records or trip reports in order to monitor the
number of trips made and the number of driving hours worked. A copy of the summary of
daily time record or trip report shall be submitted to the LTFRB as a requirement for the
annual renewal of registration of the PUB.

SECTION 7. Payment of Monthly Salary. ~The monthly salary of PUB drivers and
conductors shall not be less than the minimum wage fixed by law. Salaries shall be paid in
cash at least once every two (2) weeks and shall be paid directly to the PUB drivers and
conductors, Benefits and incentives as stipulated in the Labor Code and related laws, and/or
in collective bargaining agreements, shall also be accorded to drivers and conductors.

SECTION 8. Status of Employment, — Years of employment shall be accounted for upon the
change in schemes and contracts.

SECTION 9. Penalties. ~ For any violation of this Act, the operator of any public utility bus
service shall be fined not less than One Hundred Thousand Pesos (P100,000.00) but not more
than Two Hundred Thousand Pesos (P200,000.00) and suspension of the franchise to operate.
Provided, that the suspension of the franchise to operate shall only be until such time that the
operator has complied and paid the drivers and conductors of their back wages and
appropriate benefits.

SECTION 10. Jmplementing Rules and Regulations. —'The Chairman of the Land
Transportation Franchising and Regulatory Board (LTFRB) shall, in coordination with the
Secretary of Labor and Employment, issue the necessary rules and regulations for the
effective implementation of this Act.

SECTION 11. Repealing Clause. — All laws, presidential decrees, executive orders, rules
and regulations, and other issuances inconsistent with the provisions of this Act ate hereby
repealed or modified accordingly.

SECTION 12. Effectivity. - This Act shall take effect fifteen (15) days after publication in
the Official Gazette or in two (2) national newspapers of general ciculation.

Approved,