Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS.
First Regular Session

5967

HOUSE BILL NO.

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

Amidst the worsening transport crisis, especially in Metro Manila, commuters are left to search
for ingenious and alternative ways to get from one point to another. Ride-hailing and ride-
sharing applications has ballooned in response to the public’s clamor for more modes) of
transportation. Amongst the ride hailing services which proliferated was Angkas which allows
user to hail motorcycles through a mobile application. Even before the Angkas was launched,
‘other motorcycle-for-hire schemes such as habal habal has already been operating in
numerous parts of the country for years, particularly on rural areas and more congested areas
of the Metro Manila.

At present, motorcycles can only be registered as either private or government vehicles |as
provided in Republic Act No. 4136 or the Land Transportation and Traffic Code which was
enacted 55 years ago. By virtue of the said act, motorcycle taxis such as Angkas and other
motorcycle-for-hire schemes are considered “illegal”.

Following the December 2018 Supreme Court temporary restraining order against the
operation of Angkas, the Department of Transportation created an inter-agency technical
working group, comprised of representatives from the DOTr, Land Transportation Office
(LTO), Land Transportation Franchising and Regulatory Board (LTFRB), Philippine National
Police — Highway Patrol Group (PNP-HPG), Metro Manila Development Authority (MMDA),
Senate, House of Representatives, commuter welfare groups, and other concerned groups
which was tasked to discuss issues pertinent to the operation of motorcycle taxis as public
transport.

The same inter-agency technical working group approved the pilot operation of motorcycle
taxis for 6 months, starting on June 2019, in order to study the viability of motorcycles as a
public transportation service. As of 20 January 2020, the said pilot operation ended upon the
DOTr’s inter-agency Technical Working Group’s termination of its study on motorcycle ride-
hailing operations.


In consideration of the plight of the commuting public who rely on motorcycle taxis for
mobility, and with the inadequate viable options for efficient transport, this bill seeks) to
provide a legal basis for the operation of motorcycle taxis. This proposed measure shall ee
allow for the regulation of motorcycle taxis, and consequently allow for the protection of the
operators, riders and the commuting public.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

RA S. TAMBUNTII
id District, Parafiaque



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5967

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
ALLOWING AND REGULATING THE USE OF MOTORCYCLES AS PUBLIC UTILITY
VEHICLES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4136, OTHERWISE
KNOWN AS THE "LAND TRANSPORTATION AND TRAFFIC CODE"

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

SECTION 1. Section 3 of Republic Act (RA.) No. 4136 shall be amended to read as follows:
"Section 3. Words and Phrases Defined — As used in this Act:
(a) xx
OK
(m) XxX
"(N) PUBLIC UTILITY MOTORCYCLES — ANY TWO WHEELED MOTOR VEHICLE
WEIGHING LESS THAN ONE THOUSAND KILOGRAMS (1,000 KG) THAT CAN
TRAVEL FASTER THAN FIFTY KILOMETERS PER HOUR (50 KM/H) AND HAS AN
ENGINE CAPACITY OF AT LEAST ONE HUNDRED TWENTY FIVE CUBIC
CENTIMETERS (125 CM?) SHALL BE REGISTERED WITH THE LAND
TRANSPORTATION OFFICE (LTO) AS FOR HIRE AND MAY BE USED AS
COMMERCIAL VEHICLE TO FERRY THE COMMUTING PASSENGERS.”

SEC. 2. Section 7 of R.A. No. 4136 shall be amended to read as follows:

"Section 7. Registration Classification. ~ Every motor vehicle shall be registered under
one of the following described classifications:

(C)XXX


"(d) Public utility automobiles; e) public utility trucks; (f) taxis and auto-calesas; (g)
garage automobiles; (h) garage trucks; (i) hire trucks; [and] G) trucks owned by
contractors and customs brokers and customs agents[.] AND K) PUBLIC UTII
MOTORCYCLES. Application for registration under these classifications shall |be
accompanied by a certificate of public convenience or a special permit issued by the
[Public Service Commission] LAND TRANSPORTATION FRANCHISING AND
REGULATORY BOARD (LTFRB), and motor vehicles registered under thi
classifications shall be subject to the Public Service Law, rules and regulations, as welll as
the provisions of this Act."

SEC. 3. Motorcycles-for-Hire are Common Carriers. - Motorcycles-for-hire are hereby
declared as common carriers for purposes of determining liability and degree of diligence that
must be exercised in the course of transporting passengers or goods. As such, the
presumption of negligence in case of breach of contract of carriage is applicable to them.

SEC. 4. Implementing Rules and Regulations. — The Secretary of Transportation shel
within sixty (60) days from the effectivity of this Act, promulgate the necessary rules and
regulations for its proper implementation.

‘SEC. 5. Separability Clause. — If any part, section or provision of this Act is declared invalid
or unconstitutional, no other parts, sections or provisions hereof shall be affected thereby.

SEC. 6. Repealing Clause. — All laws, decrees, ordinances, rules, regulations, other
issuances or parts thereof which are inconsistent with this Act are hereby repealed jor
modified accordingly.

SEC. 7. Effectivity Clause. — This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation or the Official Gazette.

Approved,