(3
EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S. No. 
1 80
Virr-> <9Kii- 'It .!ic a .4 :
■19 JUL-2 A 9 :04
Introduced by Senator Grace Poe
hL
AN ACT
PROVIDING FOR A MAGNA CARTA FOR TRICYCLE DRIVERS AND 
OPERATORS, INSTITU TIO N ALIZIN G  MECHANISMS FOR ITS 
IMPLEMENTATION, AND FOR OTHER PURPOSES
Explanatory Note
Way back in 1985, former President Ferdinand Marcos issued and/or signed 
Letter of Instruction No. 1482 ("LOI 1482") directing the "legalization of colorum 
motorized tricycles." The measure was crafted in recognition of the "role of the 
tricycles as the principal mode of public transport especially in non-urban areas." As 
such, the government tasked the local governments to regulate the tricycles.
Up until the enactment of the Local Government Code in 1991, the regulation 
of tricycles had been left to the judgment and discretion of local government units 
("LGUs"). As of today, the regulation of the operation of tricycles and the granting of 
franchises in relation thereto are being carried out by the LGUs thru their respective 
Sangguniang Bayan/Pangiungsod, subject to the guidelines prescribed by the 
Department of Transportation (DOTr).
The lack of a uniform set of rules regarding tricycle regulation and the 
granting of permits and franchises had created a scenario in which the LGUs have 
varying and differing requirements and fees. Such a situation has reportedly resulted 
in the tricycle sector being subjected to extortion and unreasonable fees in some 
LGUs as compared to some LGUs with a better set of rules. Moreover, the premise 
that tricycles are only prominent in rural areas no longer holds true as the tricycle is 
very much utilized in Metropolitan Areas all around the country. Furthermore, given 
the worsening traffic conditions, both in urban and rural areas, conflicting policies as 
regards the operation and routes of tricycles for each and every city or municipality 
make it difficult for the national government to implement regulations that will curb 
heavy traffic.
It also bears noting that the increase of the number of tricycles for hire in the 
country is continuously growing each and every year -  591,254 in 2007 and 658,675 
as of 2012 according to the Philippine Statistics Authority. As of 2012, tricycles for


hire account for 67.9% of the total vehicle for hire population. It could be gleaned 
from these statistics that the demand for tricycles is constantly growing and a good 
number of our countrymen take advantage of demand as they operate/drive 
tricycles as their livelihood or source of additional income.
In view of the foregoing, this Bill seeks to provide a uniform set of 
requirements and reasonable fees that shall apply to all LGUs in relation to their 
duties and tasks as regards their supervision and regulation of the operations of 
tricycles in their respective jurisdictions. This Bill likewise seeks to ensure the 
protection of individual and organizational rights of those in the tricycle sector and 
require the appropriate government agencies to adopt policies and policies aligned 
with the provisions of this proposed legislative measure, among others. Thus, 
immediate enactment of this Bill is hereby earnestly sought.
CE POE


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
S E N A T E
S. No. 130
'C’ffitf of si)* 1 1-' 
11 Inrp
’19 
JUL-2 A 9:04
Introduced by Senator Grace Poe
RE(:. ■ .
AN ACT
PROVIDING 
FOR A 
MAGNA 
CARTA 
FOR 
TRICYCLE 
DRIVERS AND 
OPERATORS, 
IN STITU TIO N ALIZIN G  
MECHANISMS 
FOR 
ITS 
IMPLEMENTATION AND FOR OTHER PURPOSES
Be it enacted by the Senate and House o f Representatives o f the Philippines in 
Congress assembled:
1 
Section 1. Short Tide. -  This Act shall be known as the "Magna Carta for
2 
Tricycle Drivers and Operators Act of 2019."
3 
Sec. 2. Declaration o f Policies. -  It is the policy of the State:
4 
(a) To nurture and protect the interests of the tricycle sector by providing
5 
them with adequate and timely social, economic and legal services, as well as
6 
mechanisms that shall protect their rights and promote benefits that ensure their
7 
dignified existence and economic advancement;
8 
(b) To recognize, promote, protect the rights of every worker in the tricycle
9 
sector including the right to self-organization, the right to decent work, just and
10 
humane working conditions, access to social protection, and the right to represent
11 
their organizations in a continuing process of consultation and dialogue towards
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maximizing the provision of a comprehensive package of reforms, interventions, and
13 
services in accordance with their articulated needs and interests;
14 
(c) To promote gender equity and equality through elimination of gender
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stereotypes attached to this sector and redefining tricycle drivers as not merely
16 
males but also females;


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(d) To protect women workers in the tricycle sector against gender-based 
discrimination, exploitation, violence and abuse;
(e) To progressively eliminate child labor in the tricycle sector through the 
creation of more quality jobs for adults, effective enforcement of laws against child 
labor, improved access to universal education and elimination of cultural factors that 
tolerate child labor; and
(f) To develop the local economy through maximization of the potential and 
contribution of the tricycle sector.
Sec. 3. Definition o f Terms. -  Pursuant to this Act, the following terms shall
mean:
a. 
Coiorum -  a private vehicle operated as a public utility without the 
benefit of a valid and existing special permit, provisional authority, or 
franchise;
b. 
Motorized Tricycie Operators Permit (MTOP) -  the permit that 
authorizes the holder to operate a tricycle for public transport;
Periodic maintenance -  the cleaning and replacing of parts that have 
been exhausted of their effective service life.
Preventive maintenance -  the regular cleaning of the engine and other 
related parts that affect its performance.
Sanggunian -  the Sangguniang Paniungsod or the Sangguniang Bayan, 
as the case may be;
Tricycie -  a motor vehicle composed of a motorcycle fitted with a 
single-wheel sidecar, or a motorcycle with a two-wheel rear cab, the 
former having a total of three wheels and the latter having a total of 
four wheels, otherwise known as the motoreiar,
g. 
Tricycie Operators and Drivers'Association or TODA -  the organization 
of tricycle operators and drivers in a given local government unit.
h. 
Tricycie Sector -  the drivers and operators of tricycles for public 
transportation in the Philippines.
Sec. 4. Authority to reguiate and to grant MTOP. -  Subject to the guidelines 
to be prescribed 
by the Department of Transportation 
(DOTr), the Land 
Transportation Office (LTO) and the Land Transportation Franchising and Regulatory
f.


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Board (LTFRB), the cities and municipalities shall have the power to regulate the
2 
operation of tricycles and grant permits for the operation thereof within their
3 
respective territorial jurisdictions.
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Before it can issue the MTOP, the concerned LGU is required to submit a
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tricycle operation plan which includes, among others, the tricycle routes and zones,
6 
designation of terminals and maximum number of tricycles operating within its
7 
jurisdiction. Such plan shall be subject to the approval of the DOTr and must comply
8 
with the guidelines promulgated therefor with the end goal of ensuring overall
9 
efficiency, integration and safety of the transportation system.
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Sec. 5. Uniform set o f Requirements. -  The local government units (LGUs)
11 
having jurisdiction over the city or municipality where the tricycle is registered shall
12 
impose no other requirement, restriction, or condition for its operation except the
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following:
14 
a. 
For safety reasons, no tricycle should operate on national highways
15 
utilized by 4-wheel vehicles greater than four (4) tons and where normal speed
16 
exceed forty (40) kilometers per hour. However, the concerned may provide
17 
exceptions if there are no transportation services or modes servicing the said route,
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either along the highway or crossing the same, other than tricycles, subject to the
19 
approval of the DOTr: Provided, however, that when such operation is allowed, the
20 
LGU Is mandated to provide appropriate signages, marks for lanes and other safety
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features to guide and protect the tricycles utilizing the highways.
22 
b. 
Zones must be within the boundaries of the municipality/city. Existing
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zones within more than one municipality or city, however, shall be maintained;
24 
Provided that operators serving said zones shall secure MTOPs from each of the
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municipalities and/or cities having jurisdiction over the areas covered by the zone.
26 
c. 
A common color for tricycles-for-hire operating in the same zone may
27 
be imposed. Each unit shall be assigned and bear an identification number, aside
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from its LTO license plate number.
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d. 
An operator wishing to terminate or suspend its service for more than
30 
one month should report in writing such termination or suspension to the
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Sanggunianv^\\\c\\ originally granted the MTOP.


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e. 
The MTOP shall be valid for three (3) years, renewable for the same
2 
period. Transfer to another zone, change of ownership of unit or transfer of MTOP
3 
shall be construed as an amendment to an MTOP and shall require appropriate
4 
approval of the Sanggunian.
5 
f. 
Operators shall employ only drivers possessing professional licenses
6 
duly issued by the LTO. For this purpose, the LTO shall issue guidelines, including
7 
theoretical and practical examinations, appropriate for drivers of tricycles.
8 
g. 
No tricycle-for-hire shall be allowed to carry more passengers and/or
9 
goods than it is designed for.
10 
h. 
A tricycle-for-hire shall be allowed to operate like a taxi service where,
11 
aside from rendering services in the designated terminals, the tricycle can be
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flagged-down or engaged by passengers on the road within its authorized zone of
13 
operation.
14 
Sec. 6. Registration. -  There shall be a simplified procedure of registration
15 
and issuance of MTOP in accordance with the framework and principles of this Act.
16 
The registration fee for the application for an MTOP shall not exceed one thousand
17 
pesos (Phpl,000.00). The validity of MTOP shali be for three years. The said fee
18 
shall cover the cost of the issuance of the MTOP, the filing fee, franchise fee,
19 
inspection fee, fare adjustment fee, amendment, regulatory, and all other fees. No
20 
other fees shall be exacted from the tricycle sector business activities or enterprise
21 
other than the registration fee as mentioned above.
22 
Sec. 7. One-Stop Shop for the Tricyde Sector. -  All LGUs shall establish a
23 
One-Stop Shop Center for the Tricycle Sector (the "Center") which shall handle all
24 
transactions and processing of the business permit applications within their
25 
respective jurisdiction. The Center shall ensure that the processing of the MTOP shall
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commence on the day of their application and the registration shall be released
27 
within forty eight (48) hours upon submission of the complete requirements.
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To facilitate efficient and expeditious processing of MTOP applications, LGUs
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shall formulate a uniform and simple checklist of requirements for registration such
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us valid proof of identity (barangay clearance, certificate of residency, etc.) and
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flowchart of the procedure of registration. LGUs shall be responsible in translating
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the checklist of requirements and flowchart of procedure of registration in their own


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local dialect. LGUs shall cause the posting of the checklist and flowchart of 
procedure of registration in at least three (3) conspicuous areas, preferably public 
areas, in the community and cause the publication of the same in the local 
newspaper if there be any.
Sec. 8. Rights and benefits o f workers in the Tricycle Sector. -  The members 
of the Tricycle Sector shall have the following rights:
a. 
Self-organization to collectively negotiate with government and other 
entities in the promotion of their welfare and advancement of their interests free 
from any political interference or favor;
b. 
Informed participation in decision-making processes relevant to the 
concerns of their sector through their legitimate organizations. Towards this end, 
they shall be represented in all public hearings for laws, ordinances, or regulations 
that will affect their sector;
c. 
Safe working conditions with access to medical care services and 
insurance;
d. 
Freedom from any form of discrimination, violence, exploitation, or 
harassment;
e. 
Freedom from deprivation of property without valid cause and due 
process of law;
f. 
All concerned national government agencies, government financial 
institutions, and local government units shall include in their plans, programs, 
projects and activities efforts that are supportive of the concerns of the tricycle 
sector;
g. 
Each LGU shall create a grievance mechanism to deal with the 
concerns of the members of the tricycle sector;
h. 
The Social Security System and the Philippine Health Insurance 
Corporation shall, within ninety (90) days from the effectivity of this Act, promulgate 
guidelines for the mechanism of collecting premiums from members of the tricycle 
sector. The Social Security System shall also inform its members from the tricycle 
sector of loans that they can avail of;


1 
I. 
Any driver shall not be engaged to work in any hazardous work,
2 
activity or undertaking, and neither shall he/she be exposed to hazardous working
3 
conditions;
4 
j. 
All persons whether from the private or public sectors are prohibited
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from committing acts of interference or coercion against a member of the tricycle
6 
sector, including machinations to influence political and/or religious beliefs of the
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member of the tricycle sector.
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Sec. 9. Role o f the Local Government Unit -  Subject to the operating
9 
conditions in this Act and the guidelines to be promulgated by the DOTr, 
LTO ad
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LTFRB, cities and municipalities shall have the following responsibilities:
11 
a. 
The Municipality or City, after consultation with the small transport
12 
groups, the affected community, and other sectors or groups, shall identify and
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designate viable routes and terminals of tricycles within the municipality or city.
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Viable terminals shall be in proximity to public buildings, markets, commercial
15 
districts, or commercial establishments and other places which the public frequently
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visits.
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b. 
The Sanggunian shall, within 90 days after the survey and/or
18 
consultation in the preceding paragraph, pass an ordinance designating the viable
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terminals of tricycles as specified in this Act. No designation of terminal, however,
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shall be conducted without prior consultation with the tricycle sector, the affected
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inhabitants and other sectors. LGUs that have already established or designated
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routes and terminals of tricycles prior to this Act are deemed to have complied with
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this provision of the Act, provided that the aforesaid establishment or designation of
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terminals have been undertaken after consultation with the relevant parties.
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c. 
LGUs shall also lead a tricycle maintenance program. This shall be
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done by teaching the existing TODAs within their jurisdiction on preventive and
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periodic maintenance. Technical and administrative capability shall be sourced
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through partnerships with private institutions and through the Department of
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Science and Technology (DOST).
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d. 
Vocational education on auto-mechanics and related courses like
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engine repair and maintenance shall also be developed by the LGUs in cooperation


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with the Department of Labor and Employment (DOLE) and the Technical Education
2 
and Skills Development Authority (TESDA).
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e. 
There shall be a conduct of a mandatory Tricycle Drivers Safety
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Program at the LGU level. The content and structure of the Tricycle Drivers Safety
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Program shall be formulated by the DOTr, LTO, LTFRB 
and other relevant
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government agencies. The LGU shall require ali tricycle drivers within its jurisdiction
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to undergo this orientation. To compiement this, the LTO and LTFRB shall include a
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Motorist Awareness Program in all its safety trainings.
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f. 
LGUs shali also eliminate illegal or colorum tricycle units.
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g. 
LGUs shall 
provide for alternative 
livelihood and 
skills-training
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programs to allow tricycle drivers to explore more economically rewarding sources of
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income.
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h. 
LGUs shall pursue and implement a comprehensive, rights-based,
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participatory and gender responsive framework for workers in the tricycle sector that
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includes but is not limited to:
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1. 
Putting in place policies and programs that wiil bring members of the
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tricycle sector to the economic and social mainstream;
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2. 
Pursuing structural reforms in all relevant levels of LGUs by creating
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committees, special offices for development and protection of workers
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in the tricycle sector and supporting their representational rights
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through their organizations;
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3. 
Extending coverage of accessible and affordable social security and
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health care benefits to workers in the tricycie sector; and
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4. 
Exacting responsibility on the part of the tricycle sector workers
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provided that the state shall recognize their rights and put in place
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responsive, transparent and accountable mechanisms to ensure the
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protection, promotion and realization of those rights.
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Sec. 10. Policy on Impounding o f Vehicle and Imposabie Penalties. -  Tricycles
29 
shall not be impounded, confiscated or destroyed for mere violation of license or
30 
registration or traffic rules and regulations, unless the said vehicle was utilized in the
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conduct of criminal activities. In case of mere violation of traffic rules and


1 
regulations, a traffic violation ticket shall be issued to the erring driver without
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impounding the said vehicle.
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The responsible person or officer who violated this Section shall be
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administratively liable under this Act. Nothing herein shall prohibit the aggrieved
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member of the tricycle sector from initiating a criminal or civil action against the
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responsible person or officer whenever such action is applicable.
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The imposable penalties for tricycle drivers who are found to violate traffic
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rules or regulations shall be limited to fifty percent of the fine or penalty that can be
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imposed on drivers of four-wheeled vehicles.
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Sec. 11. Phase-in o f More Efficient Engines. -  Within thirty (30) days after the
11 
effectivity of this Act, the DOST and the DOTr shall partner to create a continuous
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program to develop more efficient engines and cleaner technologies that may be
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used by the tricycle sector, at the own initiative or volition of tricycle drivers and/or
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operators.
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Sec. 12. Coordination between Locai Government Units and the DOTr. The
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implementation of the national policy as regards curbing traffic must be taken into
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consideration in the enforcement of this Act. The DOTr shall ensure that its
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guidelines for the regulation of tricycles by LGUs must be mindful of the state of
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traffic in the country. Furthermore, the DOTr must efficiently and meaningfully
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coordinate closely with the LGUs as regards the regulation of the tricycle sector.
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Sec. 13. Mandatory Membership in SSS and Phiiheaith, Life and Accident
22 
Insurance, and Legal Assistance. -  The Social Security System (SSS) and the
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Philippine Health Insurance Corporation (PhilHealth) shall, within ninety (90) days
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from the effectivity of this Act, promulgate guidelines for the mechanism of
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collecting premiums from members of the tricycle sector.
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Tricycle drivers shall, in addition to SSS and healthcare coverage, be provided
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accident insurance coverage to compensate for damage or injury acquired such as
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death, disability, limb amputations, loss of sight, hearing, and speech; including the
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loss of thumb or the index finger.
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Tricycle drivers are also entitled to legal assistance in the exercise and pursuit
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of their rights herein granted.
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Sec. 
14. Funding. -  An initial appropriation of ONE BILLION PESOS
2 
(Phpl,000,000,000.00) is hereby appropriated for this Act. Thereafter, the amount
3 
needed for the effective implementation of this Act shall be included in the General
4 
Appropriations Act.
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Sec. 15. Penalties. -  (a) Any person who shall willfully interfere with, restrain
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or coerce any member of the tricycle sector in the exercise of his/her rights, or shall
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in any manner act in violation of Sections 
8, 9 or 10 of this Act shall, upon
8 
conviction, be punished by a fine of not less than Fifty Thousand Pesos
9 
(Php50,000.00) but not more than Five Flundred Thousand Pesos (Php500,000.00)
10 
or imprisonment not exceeding one (1) year or both, at the discretion of the court.
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(b) A driver who operates a tricycle without the necessary MTOP to be
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observed by the tricycle sector in pursuit of cleaner technologies and in accordance
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with Republic Act 8479, otherwise known as the "Clean Air Act", including any who
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incurs delinquency in payment of fees that is tantamount to an incomplete
15 
application for an MTOP, operates in highways without valid authorization,
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transports passenger and/or goods beyond 
the limitations on 
the number of
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passengers and on load capacity, or operates a tricycle not compliant with
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environmental laws shall be punished by a fine of not less than Five Hundred Pesos
19 
(PhpSOO.OO) but not more than Two Thousand Pesos (Php2,000.00) or the
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impoundment of the tricycle by an enforcement agency for a period of two (2)
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months.
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(c) An operator who operates without the necessary MTOP or authority to
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operate in highways or employs a driver without the requisite license to drive a
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tricycle, including those below the age of majority, or allows a driver to operate a
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tricycle that is not roadworthy or with unauthorized modification affecting vehicle
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safety, shall be punished by a fine of not less than Five Hundred Pesos (PhpSOO.OO)
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but not more than Two Thousand Pesos (Php2,000.00). The second and succeeding
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offenses shall warrant the revocation of the MTOP or franchise and the perpetual
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disqualification from being issued the said privilege.
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(d) If the offender is a public official, the court may, in addition to the
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penalties provided in the preceding paragraph, impose the penalty of disqualification
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from office.


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Sec. 16. Implementing Rules and Regulations. -  The DOTr, in coordination
2 
with the LTO, LTFRB, SSS, PhilHealth, DOLE, TESDA, DOST, DTI and the
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Department of the Interior and Local Government (DILG), shall issue the
4 
Implementing Rules and Regulations (IRR) of this Act within ninety (90) days from
5 
its effectivity. The IRR shall include the guidelines for the allocation of the fund for
6 
subsidizing the SSS or PhilHealth premiums of the members of the tricycle sector
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and the programs that will benefit them.
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Sec. 17. Separability Clause. -  If any provision, or part hereof, is held invalid
9 
or unconstitutional, the remainder of the law or the provision not otherwise affected
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shall remain valid and subsisting.
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Sec. 18. Repealing Clause. -  Any law, presidential decree or issuance,
12 
executive order, letter of instruction, administrative order, rule, ordinance, or
13 
regulation contrary to or inconsistent with, the provisions of this Act is hereby
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repealed, modified, or amended accordingly.
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Sec. 19. Effectivity Clause. -  This Act shall take effect fifteen (15) days after
16 
its publication in at least two (2) newspapers of general circulation.
Approved,
1C