Republic of the Philippines
HOUSE OF REPRESENTATIVES

[Ss RECEIVED
Batasan Hills, Quezon City =

DATE July 28, 2022
TIME 4:42 pm
NINETEENTH CONGRESS eS BY vi

First Regular Session <i

Ne
House Bill No. 2705 Yo inpek

Introduced by

HON. YEDDA MARIE K. ROMUALDEZ
and
HON. JUDE A. ACIDRE

AN ACT
PROVIDING FOR A MAGNA CARTA OF COMMUTERS

EXPLANATORY NOTE

Improving mobility propels economic growth and reduces inequality. Mobility
allows access to food, water, healthcare, education, and vast economic opportunities.
The lack of proper connectivity and support for commuter mobility is therefore an issue
of congestion or inaccessibility. It limits opportunities and stunts economic growth
especially for the marginalized and disadvantaged.

Filipinos have long endured the pains that come with commuting especially
within the Metro. The Philippines has been continuously voted and rated as one of the
cities with the worst traffic. This worsening traffic situation is exacerbated by poor
infrastructure planning and operations. For as long as commuters are not incentivized,
the focus on car-centric modes of transportation will continue to persist and eventually
paralyze the major traffic lanes across the metro.

Therefore, this bill aims to enumerate and uphold the rights of the commuting
public. These rights range from public transportation services to safe and accessible
infrastructure to clean air during travel and to commuter representation and


participation. Above all, this Magna Carta calls for a shift from car-centric public policy
and infrastructure to sustainable transport and mobility, one that provides safe access
and mobility to all, promotes economic development while simultaneously preserving

the environment and uplifts the Filipino commuter.

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

Rep. YEDDA MARIE K. ROMUALDEZ
Representative /Tingog Sinirangan

Rep. JUDE. ACIDRE
Representhtive, Tingog Sinirangan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. __ 2705 __

Introduced by

HON. YEDDA MARIE K. ROMUALDEZ
and
HON. JUDE A. ACIDRE

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:

CHAPTER |
GENERAL PROVISIONS
Section 1. Short Title. This Act shall be known as "The Magna Carta of
Commuters."

Section 2. Deciaration of Policy. \t is the declared policy of the State
to guarantee the rights of all sectors, including the commuter sector to
participate in the policy and decision-making processes affecting their rights,
welfare, and privileges. Mobility is a basic human need; commuters have rights
to travel safely, conveniently, and reliably. Without mobility, citizens are unable
to access basic services such as healthcare and education, or enjoy
fundamental freedoms. Moreover, mobility should be enjoyed by people of all
ages, abilities, gender, and economic status, not only by those who are
physically fit, with private motor vehicles, or with financial means.

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.

The State also reaffirms the right of all citizens to participate in the policy
formulation, planning, implementation, management, monitoring, and
evaluation of all institutions, programs, projects, and services related to
upholding the rights of commuters. In all decisions related to the provision of
mobility infrastructure and transportation services, the welfare of the commuter
shall be the paramount objective. While the interests of the transportation
industry, private motor vehicle users, and other stakeholders should also be
considered in any decision, these interests should be secondary to the welfare
of the commuting public.

CHAPTER II
DEFINITION OF TERMS

Section 3. Definitions. For purposes of this Act, the following terms

shall mean:

a. Active Transport refers to non-motorized means of travel, including
walking and 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.

c. 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 ten (10) working days.

d. Commuter refers to a person that 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 two thousand (2,000) persons per hour per direction
during peak travel periods.

g. Micro-mobility refers to travel using electronic or non-motorized
vehicles weighing not more than one hundred kilograms (100 kg).

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 footpaths,
bicycle lanes, roads, PUV loading/unloading bays, PUV terminals,
and public transport systems, that support and enhance a person's
mobility.

j. Private Motorized Transport refers to motorized vehicles weighing
more than one hundred kilograms (100 kg).

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.

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

CHAPTER Ill
RIGHTS OF COMMUTERS

Section 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.
Public transportation services and infrastructure plans and programs should be

prepared and updated on an annual basis in order to satisfy the evolving

mobility requirements in our communities, especially in urban areas.


It will be the responsibility of metropolitan authorities and local

government units to measure, analyze, and update the mobility requirements
in each locality and to develop plans and programs to address the mobility

requirements of their citizens.

The State shall ensure that:

a.

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

. Public Transport services are available within a five hundred (500)-meter

walk from any residence or activity center in a city;

Public Transport services are connected to another public service within

a three hundred (300)-meter walk to promote seamless connectivity;

. Public Transport services are in sufficient quantity and frequency so that

the commuter’s waiting time at stops and terminals does not exceed ten
(10) minutes especially 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 fifteen (15) kilometers within
cone (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 twenty kilometers per hour (20 kph)

and under sixty kilometers per hour (60 kph) shall feature dedicated
pedestrian infrastructure, in the form of an unobstructed walking path of
at least two and a half meters (2.5 m) wide in each direction; and,

.. Every road with a speed limit of under sixty kilometers per hour (60 kph)

shall feature dedicated bike lanes which are wide enough to comfortably
accommodate at least two bikes side by side.

The State shall ensure that transport services are inclusive, so that they

are accessible to persons of all ages and abilities. Public Transport


infrastructures and vehicles shall be designed and implemented so that
persons with disabilities or special needs are not excluded from their use.

The State shall ensure that 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.

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

Concessional or discounted fares shall be offered for disadvantaged or
special groups (i.e., students, senior citizens, persons with disabilities, poor
households). The State shall provide subsidies to compensate for discounts
offered to special or disadvantaged groups.

The State shall 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 Active Transport
or Public Transport than to use private motorized transport.

The State shall apply financial and non-financial disincentives to reduce
the use of private motorized transport. Funding earned from such disincentives
must be utilized for funding of Mobility Infrastructure in favor of Active Transport
and Public Transport.

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

The State will promote safe and efficient driving behavior by Public


Transport drivers through mandatory trainings and more stringent licensing. All
Public Transport vehicles will be required to install electronic vehicle tracking
devices and closed-circuit televisions (CCTVs) that will enable concerned
authorities to conduct real-time monitoring of vehicle location, vehicle speed,
and driver status. Dangerous on-street competition and behavior among Public
Transport drivers shall be eliminated through the removal of any incentive for
drivers that is related to ridership or fare revenue. Streets must be designed in
accordance with international best practices in road safety design to reduce the
‘occurrence of dangerous driving behavior.

Section 6. Right to Infrastructure for Pedestrians, Cyclists, and
Persons with Disabilities. The State shall accord priority to the development
of adequate sidewalks and networks of bicycle lanes that encourage Active
Transport and that provide safe and direct access to priority destinations such
as housing, education, and business centers as well as Public Transport nodes.

The State shall ensure that all Public Transport stops are accessible to
persons with disabilities and impaired movement. The State shall ensure that
ease of access by pedestrians especially at Public Transport stops and
government facilities is prioritized over mobility of private motorized transport.

The State shall 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. The State shall 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.

The State shall 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 itis 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.


The State shall require all government offices and buildings to have
shower facilities for the use of commuters. If these buildings receive citizens in
the delivery of frontline services, these shower facilities must be open to the
public. The State shall offer incentives to private sector for the provision of
shower facilities in their offices and buildings.

In cities and urbanized municipalities, the State shall ensure that the

infrastructure of each barangay includes:

1. Safe footpaths or sidewalks that are free of obstructions, well-
protected from automobiles, compliant with universal design
guidelines, and accessible by pregnant women, elderly, and persons
with strollers or wheelchairs; networks of greenways to encourage
active transport modes;

2. Proper lighting on all roads and footpaths to allow safe travel even at
night;

3. Tactile paving on sidewalks of high-volume transport corridors for the
benefit of pedestrians who are blind;

4. 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,

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

The State shall not require parking for cars to be built in any buildings,
and shall encourage commercial development and the built environment to
accommodate non-car travel. The State shall promote light mobility by requiring
buildings to provide bicycle racks that can accommodate ten per cent (10%) of
the anticipated users of any building.


The State shall adopt the Vision Zero in road safety and ensure that road
crashes are eliminated, particularly those with vulnerable road users. The State
shall implement a comprehensive road safety program and will 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. The State must also create a National
Road Safety Unit under the Department of Transportation and must also
implement a national road crash database for road safety planning.

Section 7. Right to a Fair Share of Public Road Space. The State will
ensure that public road space is used in a manner that delivers the greatest
socio-economic benefit. The State shall ensure that safety of road users,
especially non-motorized and vulnerable users, shall be prioritized over the
mobility of motorized modes of transport.

The State shall employ treatments to the design, engineering, and operation of
road infrastructure in order to achieve the goal of road safety and access for
non-motorized and vulnerable users.

Because roads are scarce public assets, the State shall ensure that road
space is prioritized for modes of travel that move more people and maximize
the productivity and social benefit of the public asset (e.g., public transport,
active transport, etc.). The planning and designing of roads must prioritize the
needs of pedestrians, micro-mobility users, active transport users, and Public
Transport users above the needs of private motor vehicle users. Public
Transport shall have priority use of road space over private motor vehicles.

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

To ensure that government officials are able to properly empathize with
the needs of commuters, no travel incentive or privilege shall be given to any
government official that shall favor the use of private car travel. This restriction
includes allowance for fuel for personal travel, designation of exclusive car
parking space, or personal assignment of a service car or driver. All government


officials shall commute to their workplace by public transport or by active
transport at least once per week.

Section 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 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 (DENA), Department of Trade and Industry (DT!), and/or the Land
Transportation Franchising and Regulatory Board (LTFRB), whichever is more
stringent.

The State shall provide programs which reduce the volume of motorized
vehicles to reduce vehicle-related pollution emissions. The State shall also
provide facilities and programs which support and incentivize the use of cleaner
alternative fuels. Recognizing that non-exhaust emissions make up a significant
portion of total pollutant emissions and that the levels of such emissions are
dependent on vehicle weight, the State shall provide programs that encourage
the reduction of average vehicle weight and encourage citizens to commute
using cycling or other lighter vehicles.

The State shall measure air quality along the 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 will activate
emergency procedures with the aim of reducing the exposure of the public,

especially the young, elderly, and immunocompromised, to unclean air.

Section 9. Right to Information for Efficient and Convenient Travel.
The State will provide timely and adequate information so that commuters are
able to make good travel plans and choices about modes and routes. The State
‘shall make publicly available information on all Public Transport services,
including route maps, fares, schedules, and real time vehicle location and

availability, for the convenience of commuters. The State shall ensure that such


information is prominently displayed at all stops of public transport services and
at other locations deemed necessary or beneficial to commuters

The State will establish technical standards and regulations for the
display of street maps at strategic locations in each neighborhood, for the
reference of residents and visitors.

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

The State shall establish a National Transport Data and Planning Center
(NTDPC) which will collect and process the mobility data for evidence-based
transport planning which can quickly adapt to the evolving mobility
requirements in our communities. The NTDPC shall ensure that data in aid of
policy and research on mobility be open and be made available to the public.
These kinds of data include reliable and accurate road crash data in
http://roadsafety.gov.ph, air pollution levels, and Public Transport routes and
travel time information, among others.

Section 10. Right to Special Attention During Service Breakdowns
and to Compensation for Deficiencies in Service. The State shall ensure
that, in case of a
breakdown in a Public Transport service, passengers will be entitled to receive
from the transport operator a full refund of the fare and assistance in securing
onward journeys.

Stranded passengers should be informed in a timely manner about how
they will be redirected to their last destination. If onward journeys are
unavailable for more than one (1) hour, the transport operator should provide
food, water, and access to a waiting area with restrooms and ventilation.

Any student or employee should not be penalized for arriving late by their
school or employer, respectively, if the reason for their tardiness was a
disruption in a Public Transport service.

Section 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. To this end,
commuters have a right to advance notice and information on any proposed
policy, regulation, project or service at local or national level that affect their
mobility, including full details on how they will be affected by the proposed
initiative. Affected commuters have a right to provide their comments and
suggestions of the proposed initiative. Affected commuters must receive a
response to such comments from the concerned public official within twenty
(20) working days.

If a public consultation will be held regarding any initiative affecting the
mobility of commuters, the consultation meeting shall be held at a time, even
on a weekend or after office hours, and at a convenient and accessible venue
that will maximize the participation and feedback from affected commuters. In
parallel, commuter feedback shall be solicited through social media and other
channels for information exchange.

CHAPTER IV
INSTITUTIONAL MECHANISMS

Section 12. Establishment of the Office of Commuter Affairs. An
Office of Commuter Affairs (OCA) shall be established under the Department
of Transportation (DOTr) at the national level, as well as in all city and municipal
government units. The OCA shall be under the direct supervision of an
Assistant Secretary at the national level, and a city or municipal administrator
at the local level.

Section 13. Functions and Responsibilities of the Office of
Commuter Affairs. The OCA shall be tasked to perform the following functions
and responsibilities:

1. Coordinate with the respective government agencies dealing with
road, rail, air, and maritime transportation policy to ensure safe,
efficient, convenient, and comfortable travel of commuters;

2. Operate Help Desks for the riding public;


3. Assist the commuters whenever the safety and efficiency of their
travel is compromised;

4. Undertake massive commuter education programs for the travelling
public to know their rights and responsibilities;

5. Provide legal assistance for commuters, when necessary; and,

6. Ensure adequate representation of commuters in any public
consultation that will impact on the welfare and interest of
commuters.

Section 14. /mplementing Agencies. The DOTr, Department of Public
Works and Highways (DPWH), Department of Interior and Local Government
(DILG), Metropolitan Manila Development Authority (MMDA), Department of
Environment and Natural Resources (DENR), Department of Trade and
Industry (DTI), and concerned local government units shalll be the implementing
agencies for this Act, with DOTr as the lead implementing agency with
responsibility for coordinating and monitoring all implementation activities.

The State shall ensure that the core concepts of this framework are
integrated in the annual government budget process. The State shall ensure
that compliance with the provisions of this Act is included in the annual
performance targets of all relevant national and local government agencies.

The State shall ensure that the implementing agencies will annually be
allocated budget to strengthen organizational capacities and to sufficiently fund
the establishment and operations of the NTDPC, the OCA, and other related
offices. The State shall ensure that relevant technical standards, guidelines,
and manuals of national and local agencies are amended to incorporate all
requirements under this Act.

Section 15. /mplementing Rules and Regulations. Within one
hundred and eighty (180) days from the effectivity of this Act, the DOTr and the
other implementing agencies will prepare the implementing rules And
regulations of this Act with the participation of non-government organizations,

civil society organizations, and academic institutions that champion the welfare


of commuters.

Section 16. Penal Provisions. Any person or government agency who
has been found to be in violation of any of the provisions of this Act shall be
fined not less than Two Hundred Thousand Pesos (?200,000.00) but not more
than Five Hundred Thousand Pesos (?500,000.00). If the offender is a public
official, he/she shall be dismissed from government service, in addition to the
penalties above stated.

Section 17. 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.

Section 18. 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.

Section 19. Effectivity Clause. This Act shall take effect fifteen (15)
days after its publication in at least two (2) newspapers of general circulation.

Approved,