Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bittno, 7417 _

Introduced by CIBAC Party-List Representatives
EDUARDO “BRO. EDDIE” C. VILLANUEVA and DOMINGO C. RIVERA

AN ACT
PROVIDING FOR A MAGNA CARTA OF COMMUTERS

EXPLANATORY NOTE

Mobility provides one of the groundwork through which a person gains access
to basic human needs, such as food, water, healthcare, education, and employment
opportunities. The lack of connectivity further deprives the individual of the many
social, medical, technological, educational, and other benefits that are made available
to society. Mobility or connectivity is therefore essential to human growth, creativity,
meaning, and experience. Conversely, the lack of proper, efficient, and effective
mobility and connectivity limits an individual's opportunities and growth and affects not
only the individual or a specific sector in the community, but the society at large.

Regrettably, countless Filipinos continue to suffer from lack of adequate
mobility and connectivity. This perennial issue affects most the vulnerable sectors in
the country: the young, the elderly, the women, the poor, the working class, and
persons with disabilities.

This problem on mobility is exacerbated by the fact that while 69% of daily trips
are made through public transport, 78% of road space is being taken up by private
transport." It is, therefore, high time that the State takes another look into mobility

* Japan Intemational Cooperation Agency (JICA) and National Economic Development Authority
(NEDA), Roadmap for Transport Infrastructure Development for Metro Manila and Its Surrounding

i


issues that continue to beset the country and the Filipino people. Extra attention should
be given most especially to the vulnerable sectors, the commuting public, the elderly,
the women, the children, and others who mostly rely on public transportation and
active transport whether in urban or rural areas.

This bill seeks to bring us a step closer toward addressing mobility and
connectivity issues by redirecting the State's focus on giving priority to walking and
public transport in road space allocation, as well as on developing and establishing
infrastructures that maximize the use and benefits of the scarce public space through
the use of high-occupancy public transport, or space-efficient pedestrian and cycling
facilities. Efforts likewise are directed toward prohibiting boundary and commission-
based revenue system that forces drivers, including jeepney and bus drivers, to
compete for passengers and follow unsafe driving practices. This bills also aims to
define with more definitiveness the rights of the commuting public—from public
transportation services to safe and accessible infrastructure to clean air during travel
and to commuter representation and participation—as well as the duties of the State,
including the local governments, in ensuring these rights are recognized, protected,
advanced, and implemented.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

HON. EsuarnoMaho MAbhe-t-eL ANUEVA

HON! ‘Gr RIVERA

Areas (Region Ill and Region IV-A), March 2014. https://openjicareport jica.go.jp/pdf/12149597 pdf,
accessed on 6 April 2020.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
Second Regular Session

House BiLLNo,_?417

Introduced by CIBAC Party-List Representatives
EDUARDO “BRO. EDDIE” C. VILLANUEVA and DOMINGO C. RIVERA

AN ACT
PROVIDING FOR A MAGNA CARTA OF COMMUTERS

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 “Magna Carta of
Commuters.”

SEC. 2. Declaration of Policy. - The State hereby recognizes mobility as a basic
human need. Without mobility, citizens are unable to access basic services such as
healthcare and education, or enjoy fundamental freedoms. Thus, the State shall
ensure that mobility is enjoyed by people of all ages, abilities, gender, and economic
status, and not only by those who are physically fit, with private motor vehicles, or with
financial means.

The State further recognizes the right of the commuters to travel safely, conveniently,
and reliably. To this end, the State shall develop and establish mobility infrastructures
and transportation services aimed at promoting the welfare of the commuters and
improving their mobility. The welfare of the commuter shall also be the paramount
objective in all decisions related to the provision of mobility infrastructure and
transportation services.

The State further guarantees the rights of all citizens, including the commuter sector,
to participate in the policy formulation, planning, implementation, management,

3


monitoring, evaluation, and decision-making processes of all institutions, programs,
projects, and services affecting the rights, welfare, and privileges of the commuters.

To attain the foregoing policy, the State shall provide the necessary mechanisms,
human and financial resources, and legal measures to enable its citizens to enjoy fully
the rights embodied in this Act.

SEC. 3. Definitions. — For purposes of this Act, the following terms shall mean:

a) Active Transport refers to non-motorized means of travel, including walking or
using a bicycle;

b) Activity Center refers to a place in a city or municipality where people gather
regularly for work, worship, education, social events, trade, exercise, leisure or
other common interests and purposes;

©) Advance Notice refers to the provision of early information regarding any
consultations with stakeholders, for which the period from the announcement or
delivery of the invitation to the consultation event will be a minimum of 10 working
days;

d) Commuter refers to a person who needs to travel from one place to another,
often using a combination of transportation modes to get to his/her destination;

e) Greenway refers to a road, street, or path with ample greenery and shade where
private motorized transport is not allowed, that also serves as recreational space
or a public park, in order to welcome and encourage environmentally sustainable
transportation modes, especially walking and cycling;

f) High-Volume Transport Corridor refers to walkways, paths, roads, bridges,
streets or mass transportation terminals where the flow of people is at least 2,000
persons per hour per direction during peak travel periods;

9) Micromobility refers to travel using electronic or non-motorized vehicles
weighing not more than 100 kilograms;

h) Mobility refers to the ability of a person to travel from one place to another to
conduct daily and extraordinary activities and business;

i) Mobility Infrastructure refers to physical facilities, such as foot paths, bicycle
lanes, roads, PUV loading/unloading bays, PUV terminals, and public transport
systems, that support and enhance a person's mobility.

i) Private Motorized Transport refers to motorized vehicles weighing more than
100 kilograms;

k) Public Transport refers to public sector and franchised private sector services
that transport people over land or water, including jeepneys, UVs, buses,
minibuses, railways, ferries, taxis and tricycles; and

|) Urbanized Municipality refers to a municipality in the Philippines where the
aggregate area in the municipality zoned as residential, commercial or industrial
exceeds 40% of the total land area of the municipality.

4


SEC 4. Right to Public Transportation Services that Satisfy Commuters’ Mobility
Requirements. — The State shall ensure that adequate public transportation services
are available to meet the needs of its citizens in the most prompt, convenient, and
accessible manner possible.

The State shall ensure that:

a)

b)

9)

a)

Every town and municipality will have a community-wide network of safe
sidewalks, bicycle lanes, and roads to enable safe and convenient travel around
the city entirely by foot, bicycle or by other forms of light mobility;

Public Transport services are available within a 500-meter walk from any
residence or activity center in a city;

Public Transport services are connected to another public service within a 300-
meter walk to promote seamless connectivity;

Public Transport services are in sufficient quantity and frequency so that
commuter waiting time at stops and terminals do not exceed 10 minutes during
peak demand periods;

Public Transport is accorded priority in the use of road space and traffic signal
operation so that it is able to traverse 15 kilometers within 1 hour, including all
scheduled stops;

Public Transport services are supported by properly equipped, adequately-sized,
and well-maintained terminals and stops, with attention to the safety and comfort
of commuters;

Every road with a speed limit of over 20 kilometers per hours (kph) and under 60
kph ‘shall feature dedicated pedestrian infrastructure, in the form of an
unobstructed walking path of at least 2.5 meters wide in each direction;

Every road with a speed limit of under 60 kph shall feature dedicated bike lanes
wien are wide enough to comfortably accommodate at least two bikes side by
side.

Transport services are inclusive, so that they are conveniently accessible to
persons of all ages and abilities. Public Transport infrastructure and vehicles
shall be designed and implemented so that persons with disabilities or special
needs, including senior citizens, are not excluded from their use; and

In all renovations of existing infrastructure or construction of new infrastructure,
preserving or improving the travel time impact on Public Transport, bicycles, and
pedestrians shall be prioritized over preserving or improving travel time impact
on private motorized transport. The State shall generally avoid the
implementation of projects that produce a positive impact on the travel time of
users of private motorized modes at large expense to Public Transport, bicycles,
and pedestrians.

SEC. 5. Right to Safe, Convenient, and Affordable Public Transport Services. -
The State shall ensure that Public Transport services are safe, dignified, convenient,
comfortable, easily accessible, and reliable, while remaining affordable to the general
public.


Concessional or discounted fares shall be offered for disadvantaged or special groups,
such as students, senior citizens, and persons with disabilities, in accordance with law.
The State shall endeavor to provide subsidies or incentives to compensate for
discounts offered to special or disadvantaged groups other than the incentives
provided under existing laws.

The State shall also reward the use of Public Transport via financial and non-financial
incentives to promote the frequent use of Public Transport. The State shall ensure that
it is more economical for commuters to use Public Transport more frequently rather
than less frequently.

During periods when transportation services are deficient, the State shall employ
alternative approaches to enable additional mobility options for its citizens, including
the use of public resources to fill temporary gaps in services, such as government-
owned vehicles or through government charter or lease of private vehicles.

The State shall promote and ensure safe and efficient driving behavior by Public
Transport drivers through mandatory trainings and more stringent licensing. To
eliminate dangerous on-street competition and behavior among Public Transport
drivers, any law, rules, regulations, policies, and practices which provide incentive for
drivers related to ridership or fare revenue are hereby repealed and prohibited. Any
such agreement between the management of Public Transport companies and Public
Transport drivers shall be void for being contrary to law and public policy.

Streets shall also be designed in accordance with international best practices in road
safety design to reduce the occurrence of dangerous driving behavior.

SEC. 6. Right to Infrastructure for Pedestrians, Cyclists, and Persons with
Disabilities. — The State shall ensure that roads are accessible to persons with
impaired mobility, among others, and that adequate and appropriate bicycle lanes are
available. For this purpose, the State shall:

a) Accord priority to the development of adequate sidewalks and networks of
bicycle lanes that encourage Active Transport and provide safe and direct access
to priority destinations, such as housing, education, business centers, markets
and grocery stores, and Public Transport nodes;

b) Ensure that all Public Transport stops are accessible to persons with disabilities
and impaired movement, including senior citizens;

©) _ Priartize ease of access by pedestrians, especially at Public Transport stops and
government facilities, over mobility of private motorized transport;

d) Ensure that safe and adequate walking and cycling infrastructure is incorporated
in the design and implementation of road transport projects at national and local
government levels;

e) Ensure that the comprehensive land use plan of every city includes the
development of a city-wide network of safe sidewalks, bicycle lanes, and road
lanes to enable travel around the city entirely by foot, bicycle, or by other forms of
light mobility;


f) _ Ensure that travel by walking or cycling is no less direct to destinations than travel
by private motorized transport. No commuter shall be made to travel above or
below street level to cross any street or intersection if it is possible to implement
an at-grade crossing. No commuter, when traveling by walking or cycling, shall
be made to diverge from his or her route of travel if a commuter traveling by private
motorized vehicle would have enjoyed a more direct trip.

In Philippine cities and urbanized municipalities, the State shall ensure that the
infrastructure of each barangay includes:

a) safe foot paths or sidewalks, free of obstructions, well-protected from
automobiles, compliant with universal design guidelines, and accessible by
pregnant women, elderly, and persons with strollers or wheelchairs;

8) networks of greenways to encourage active transport modes (walking and
cycling);

c) proper lighting on all roads and footpaths to allow safe travel even after dark;

d) tactile paving on sidewalks of high-volume transport cortidors for the benefit of
pedestrians who are blind;

e) bicycle racks in every transportation hub or terminal and in every commercial,
community and activity center. Such racks shall be provided at street level if
possible, and at most one level above or below the street; and

f) Safe intersections and pedestrian crossings such as provision of raised
pedestrian platforms, highly visible advance warning signages, adequate street
lighting, mid crossing refuges, traffic calming for motorized vehicles and curb
outstands to reduce road pavement crossing width.

In addition, the State shall promote light mobility by requiring that buildings have
adequate bicycle racks that can accommodate 10% of the anticipated users of such
building.

SEC. 7. Right to a Fair Share of Public Road Space. — The State shall ensure that
public road space is used in a manner that delivers the greatest socio-economic
benefit. The State shall also ensure and prioritize the safety of road users. For this
purpose, it shall ensure that the design, engineering, and operation of road
infrastructure are appropriate to achieve the goal of road safety and access for non-
motorized and vulnerable users.

Because roads are a scarce public asset, the State shall ensure that road space is
prioritized for modes of travel (e.g., public transport, walking, cycling, etc.) that move
more people and maximize the productivity and social benefit of the public asset. The
planning and design of roads must prioritize the needs of pedestrians, micromobility
users, and Public Transport users. Public Transport shall also have priority use of road
space over private motor vehicles.

The State shall ensure that there is no private appropriation of public road space and
foot paths for parking, commerce, or other activities that will restrict public use of, or
access to, the road.


SEC. 8. Right to Breathe Clean Air during Travel. — The State shall take measures
to ensure that commuters are able to travel using Public Transport or active transport
(e.g., walking or cycling) without compromising their health.

The State shall ensure that all Public Transport vehicles comply with the emission
standards set by the Department of Environment and Natural Resources (DENR),
Department of Trade and Industry (DTI), and/or the Land Transportation Franchising
and Regulatory Board (LTFRB).

The State shall also formulate and implement programs and policies aimed at
encouraging citizens to commute using cycling or other lighter vehicles, thus reducing
vehicle-related pollution emissions. The State shall also provide facilities and programs
which support and incentivize the use of cleaner alternative fuels.

The State shall measure air quality along major transport corridors in all cities and
provide this information to the public in real time. When air quality exceeds safe levels
according to internationally-accepted standards, particularly from the World Health
Organization, the State shall activate emergency procedures with a view to reducing
the exposure of the public, especially the young and the elderly, to unclean air.

‘SEC. 9. Right to Information for Efficient and Convenient Travel. — The State shall
provide timely and adequate information so that commuters are able to make good
travel plans and choices about modes and routes. For this purpose, the State shall:

a) Make publicly available information on all Public Transport services, including
route maps, fares, schedules, and real time vehicle location and availability,
including traffic situation, for the convenience of commuters;

b) Ensure that such information is prominently displayed at all stops of public
transport services and at other locations deemed necessary or beneficial to
commuters;

c) Establish technical standards and regulations for the display of street maps at
strategic locations in each neighborhood, for the reference of residents and
visitors; and

d) Ensure that, at all ports, airports, and terminals, a 24-hour information/assistance
counter will be available to serve the needs of travelers.

Compensation for Deficiencies in Service. — In the event of a breakdown in a
Public Transport service, passengers shall be entitled to receive promptly and without
delay, from the transport operator, a full refund of the fare and assistance in securing
‘onward journeys.

Stranded passengers shall be informed in a timely manner about how they will be
redirected to their final destination. If onward journeys are unavailable or unreasonably
delayed, the transport operator shall provide its passengers with access to food, water,
and waiting area with clean restrooms and ventilation.

SEC. 11. Right to Representation and Participation. — The State shall ensure that
the welfare and interest of commuters are considered in all decision-making related to
mobility and transportation services. Commuters shall be adequately consulted on all

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matters affecting the welfare and mobility of commuters.

SEC. 12. Annual Public Transportation Services and Infrastructure Plans and
Programs. — The Department of Transportation, in coordination with local
government units and other concerned stakeholders shalll prepare, annually, a national
public transportation services and infrastructure plan and program to satisfy the
evolving mobility requirements in the country, especially in urban areas.

Local government units shall also prepare their own local public transportation
services and infrastructure plan to ensure the mobility of their citizens within the
context of their situation, needs and stages of development.

Metropolitan authorities and local govemment units shall also be responsible of
measuring, analyzing, and updating the mobility requirements in each locality and to
develop plans and programs to address the mobility requirements of their citizens.

SEC. 13. Vision Zero in Road Safety. — The State shall adopt the Vision Zero in
road safety, which aims to achieve a highway system with no fatalities or serious
injuries involving road traffic. For this purpose, the State shall implement a
comprehensive road safety program and allocate funding to implement activities under
the five pillars of the Philippine Road Safety Action Plan, namely Road Safety
Management, Safer Roads, Safer Vehicles, Safer Road Users, and Post-Crash
Response.

SEC. 14. Establishment of the National Transportation Safety Board. — The State
shall establish a National Transportation Safety Board (NTSB) which shalll collect and
process the mobility data for evidence-based transport planning in light of the evolving
mobility requirements in the country. The NTSB shall ensure that data in aid of policy
and esearch on mobility areopen andare available tothe public, These data shall include
reliable and accurate road crash data, air pollution levels, and Public Transport routes
and travel time information, among others.

SEC. 15. Implementing Agencies. — The Department of Transportation (DOT®),
Department of Public Works and Highways (DPWH), Department of Interior and Local
Government (DILG), Department of Environment and Natural Resources (DENR),
Department of Trade and Industry (DT!), Metropolitan Manila Development Authority
(MMDA) and other metropolitan councils, shall be the mplementing agencies for this Act,
with DOTr as the lead implementing agency with responsibility for coordinating and
monitoring all implementation activities.

The foregoing agencies shall include in their respective budget's funds for the effective
implementation of this Act.

Within two (2) years from the effectivity of this Act, all concerned government
agencies, including local government units, shall ensure that relevant technical
standards, guidelines, and manuals are amended to incorporate the requirements of
this Act.

SEC. 16. Implementing Rules and Regulations. — Within one hundred and eighty
(180) days from the effectivity of this Act, the DOTr and the other implementing
agencies, upon consultation with relevant on-government organizations, civil society
organizations, and academic institutions that champion the welfare of commuters and
other stakeholders, shall promulgate the implementing rules and regulations for the


effective implementation of this Act.

SEC. 17. Penal Provisions. — Any person in violation of any of the provisions of this
Act shall be fined not less than Ten Thousand Pesos (Php10,000) but not more than
Five Hundred Thousand Pesos (Php500,000).

If the offender is a public official, he/she shall also suffer the penalty of perpetual
disqualification from holding public office, and be dismissed from government service, after
due process.

SEC. 18. Separability Clause. — Any portion or provisions of this Act that may be
declared unconstitutional or invalid shall not have the effect of nullifying other portions
or provisions hereof as long as such remaining portions or provisions can still subsist
and be given effect in their entirety.

SEC. 19. Repealing Clause. — All laws, presidential decrees, executive orders,
memoranda, circulars and other issuances or parts thereof, which are inconsistent
with this Act, are hereby repealed or modified accordingly.

SEC. 20. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,