Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS

First Regular Session

House Bill No._4025

Introduced by HON. ROZZANO RUFINO B. BIAZON

EXPLANATORY NOTE

Improving mobility propels economic growth and reduces inequality. Mobility allows
access to food, water, healthcare, education, and economic opportunities. The lack of proper
connectivity is therefore more than an issue of congestion or inaccessibility. It limits
opportunities and stunts growth, especially for those who are already marginalized and
disadvantaged.

Unfortunately, Filipinos have long suffered mobility issues. This disproportionately
afieets the most vulnerable in the country: the young and the elderly, the women, the poor, the
working class, and the persons-with-disabilities who mostly rely on public transportation and
active transport in every part of the country whether in urban or rural areas.

In Metro Manila alone, the inequality in mobility can be seen in the number of
registered vehicles and the amount of road space given to public transport vis a vis the travel
mode used by everyday Filipinos. While 80% of daily trips are made either through public
transport or walking (JICA, 2014), public transport is only given 20% of the road space
(Regidor and Javier, 2015). These data clearly reveal that private vehicle owners are prioritized
over the majority who are commuters.

This prioritization, seen in the current land use model throughout the country, is not
sustainable. The private vehicle is not the transport mode of the majority, it contributes greatly
to pollution and emissions, and its low passenger capacity ultimately leads to more congestion.
Based on the recent 2019 elections, only 6% of voters come from ABC socio-economic bracket
while 94% of voters come from the DE socio-economic bracket, for whom mobility is most
inconvenient and for whom every working hour is crucial.

This inequality is further exacerbated by poor infrastructure planning and operations.
Travelling by private motorized vehicle is an inefficient use of scarce public space compared
to more sustainable modes such as the high-occupancy public transport or the space-efficient
walking and cycling.

Road transport services (i.e. buses and jeepneys) are still operating individually in a
boundary and commission-based revenue system. This business model force drivers to compete


for passengers and follow unsafe driving practices. For the commuter, this means increased
travel times, stress, and safety risks.

What little pedestrian and cycling facilities are provided are usually either in poor
conditions or lacking, especially for persons-with-disabilities. At least thirty-two (32) people
are dying every day due to road crashes (PSA, 2016), a huge percentage of which are
pedestrians. In addition, landscapes, townscapes, and natural resources are exploited and
destroyed to make way for highways.

Air quality is also worsening due to the increase in cars. According to the World Health
Organization (WHO, 2018), there were about 45.3 deaths per 100,000 individuals due to
outdoor air pollution in the Philippines, ranking third worldwide. Additionally, the transport
sector produces 23% of global energy-related CO2 emissions and is the fastest-growing sector
in terms of greenhouse gas emissions (International Energy Agency, 2016).

lll of these issues point to the urgent need to improve the welfare and lives of
commuters. Hence, this Magna Carta for Commuters.

‘The proposed 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.

Ultimately, this Magna Carta calls for a shift from car-centrie public policy and
infrastructure to sustainable transport and mobility, one that provides safe access and mobility
to all, promotes economic development, protects and preserves the environment, and uplifis
the life of the Filipino commuter.

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

RozZA¥O fs f ahs

Representative
Lone District, Muntinlupa City



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS.

First Regular Session

4025

House Bill No.

Introduced by HON. ROZZANO RUFINO B. BIAZON

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 1
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Magna Carta of
Commuters”.

SEC. 2. Declaration of Policy. ~ It 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 IL
DEFINITION OF TERMS

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.

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. “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, public utility vehicle (PUV) loading and 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 100
kilograms.

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


1. “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.

CHAPTER HL
RIGHTS OF COMMUTERS

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. 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 town 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;

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

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

d. 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;

e. 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 I hour, including all scheduled stops;

f. 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;

g. Every road with a speed limit of over 20 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; and

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

‘The State will ensure that transport services are inclusive, so that they are 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 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,

3


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
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 Public Transport more frequently rather than less frequently.

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. The State
shall ensure that it is more economical for commuters to use Active Transport or Public
Transport more frequently than to use private motorized transport.

During periods when transporation 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 (CCTV)
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.

SEC. 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 roads


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 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 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;

b. 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 corridors 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

Safe intersections and pedestrian crossings shall be ensured through the provision of
raised pedestrian platforms, highly visible advance warning signages, adequate street lighting,
mid crossing refuges, traffic calming for motorized vehicles and kerb 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 that buildings provide bicycle racks that
can accommodate ten percent (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 of vulnerable road users. The State shall implement a
comprehensive road safety program and shall 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. 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
safety of road users, especially non-motorized and vulnerable users, shall be prioritized over
the mobility of motorized modes of transport. The design, engineering and operation of road
infrastructure shall be done in order to achieve the goal of road safety and access for non-
motorized and vulnerable users.


Road space shall be prioritized for modes of travel 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, micro-mobility users, and Public Transport users
above the needs of private motor vehicles. Public Transport shall have priority use of road
space over private motor vehicles.

No public road space and foot aths shall be allocated for private 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 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 (DT1), and/or the Land Transportation Franchising and Regulatory Board
(LTERB), whichever is more stringent.

Programs to reduce the volume of motorized vehicles shall be formulated 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
other major urban centers and provide this information to the public in real time. When air
quality exceeds safe levels according to internationally-accepted standards the State shall
activate emergency procedures with the aim of 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 will
provide timely and adequate information so that commuters are able to make good travel plans
and choices about modes and routes. The government shall ensure that information on all
Public Transport services, including route maps, fares, schedules, and real time vehicle location
and availability, shall be accessible and available at all times 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.

Technical standards and regulations shall be established for the display of street maps
at strategic locations in each neighborhood, for the reference of residents and visitors.

A twenty-four hour information and assistance counter shall be available at all ports,
airports, and terminals to serve the needs of travelers.

SEC. 10. Right to Special Attention During Service Breakdowns and to Compensation
for Deficiencies in Service. — Notwithstanding the provisions of DOTC-DTI Joint
‘Administrative Order No. 1, s. 2012, (Providing for A Bill of Rights for Air Passengers and
Carrier Obligations), passengers shall be entitled to receive from any transport operator a full


refund of the fare and assistance in securing onward journeys in case of a breakdown in a Public
‘Transport service,

Stranded passengers shall be informed in a timely manner about how they will be
redirected to their final destination. If onward journeys are unavailable for more than one (1)
hour, the transport operator shall 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 if the reason for their tardiness was a disruption in a Public Transport service.

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. 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.

Ifa 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 HE
INSTITUTIONAL MECHANISMS

SEC. 12. Office of Commuter Affairs. - An Office of Commuter Affairs shall be
established in the Department of Transportation (DOT®). It shall have the following functions
and responsibilities:

a. Coordinate with other DOTr agencies as well as law enforcement agencies
dealing with road, rail, air and maritime transportation to ensure safe, efficient and comfortable
travel of commuters;

b. Operate help desks for the riding public;

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

d. Undertake mas
know their rights and responsi

e commuter education programs for the traveling public to
ies;

e Ensure legal assistance for commuters, when the need arises; and

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


SEC. 13. Office of National Transport Data and Planning Center. - An Office of
National Transport Data and Planning Center (ONTDPC) shall be established under the DOTr.
Itshall be primarily responsible for the collection and processing of mobility data for evidence-
based transport planning which can quickly adapt to the evolving mobility requirements in our
communities.

SEC. 14. Implementing Agencies. - The DOTr, the Department of Public Works and
Highways (DPWH), the Department of the Interior and Local Government (DILG), the
Metropolitan Manila Development Authority (MMDA), DENR, DTI, and concerned local
government units shall be the implementors of this Act.

As the lead implementing agency, The DOTr shall be responsible for coordinating and
monitoring all implementation activities under this Act. It shall ensure that:

a. ‘The core concepts of this framework are integrated in the annual government budget
process;

b, Compliance with the provisions of this Act are included in the annual performance
targets of all relevant national and local government agencies;

The other implementing departments and agencies will annually be allocated budget
to strengthen organizational capacities; and

d. Relevant technical standards, guidelines, and manuals of national and local agencies
are amended to incorporate all requirements under this Act.

SEC. 15. Implementing Rules and Regulations. - Within one hundred and eighty (180)
days from the effectivity of this Act, the DOTr in coordination with the other implementing
agencies and in consultation with all stakeholders, shall prepare the necessary rules and
regulations for the effective implementation of this Act.

SEC. 16. Penal Provisions. ~ Any person who violates any provision of this Act shall
be penalized with a fine not less than Fifty Thousand Pesos (PhPS0,000.00) but not more than
‘Two Hundred Thousand Pesos (PhP200,000). If the offender is a public official, said official
shall be dismissed from government service, in addition to the penalties above stated.

If the violator is a government department or agency, it shall indemnify the complainant
with an amount not less than Two Hundred Thousand Pesos (PhP200,000.00) but not more
than One Million Pesos (PhP 1,000,000.00)

SEC. 17. Separability Clause. ~ Should any provision of this Act be subsequently
declared unconstitutional or invalid, the other provisions not so declared and not affected by
such declaration shall remain in full force and effect.

SEC. 18. Repealing Clause. — All other laws, issuances, orders, rules and regulations
which are inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.


SEC. 19. Effectivity. — This Act shall take effect after fifteen (15) days from its
publication in at least two (2) newspapers of national circulation.

Approved,