Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 8958

Introduced by Hon. ALFRFEDO A. GARBIN, JR.

EXPLANATORY NOTE

Food and Grocery delivery services has become a very important means to cope
with the needs to buy food and other essentials during the COVID-19 quarantine period.
In fact, the use of food and grocery delivery services was heavily promoted by the
government in order to allow the Filipino people, who are residing in areas covered by
the government mandated quarantine, to remain at home.

In this time of COVID-19 crisis, where staying at home and avoiding crowded
places have become the new normal, the food and grocery delivery services has become
an indispensable and booming industry. We expect that this industry will continue to
grow as we move forward in our daily lives.

‘The service providers are mainly composed of motorcycle riders who would enroll
themselves with mobile apps. These riders will advance the purchase price for orders, be
responsible in buying the food and grocery items ordered, and receive reimbursement
and small premium payment upon delivery to customers.

It is unfortunate to know, however, that there are unscrupulous individuals who
would cancel their orders even if the applicable service provider has already placed and
paid for the food or grocery items which were already confirmed to be paid and are ready
for delivery. This devious machination wastes not only precious time of the riders that
ply our roads but it also exposes the riders from unnecessary risks in order to deliver
what has been expected from them on time and intact.

In order to protect the interest of the service providers who are risking life and
limb to keep us safe within our abodes, this bill seeks to provide safeguards to the riders
and to penalize those who will unreasonably, unceremoniously, and unconsciously
cancel their orders. More than the penalty awarded, it is hoped that the passage of this
bill into law will serve as deterrent to unreasonable cancellations of orders.

In view of the foregoing, this bill is, therefore, earnestly secammended for
immediate approval.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regulaggpsgjon

Introduced by HON. ALFREDO A. GARBIN, JR.

AN ACT PROVIDING PROTECTION TO INDIVIDUALS ENGAGED IN
THE FOOD AND GROCERY DELIVERY SERVICES

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

SEC. 1. Short Title. - This Act shall be known as Food and Grocery Delivery
Services Protection Act.

SEC. 2. Definition of Terms. - Whenever used in this Act, the following terms
shall have the respective meanings hereafter set forth:

a) Food and Grocery Delivery Services - Services where the service
provider buys food and grocery items from a third party seller and
advance the payment for said purchase for a fee;

b) Food and Grocery Delivery Service Providers - persons or entities who

are engaged in the business of food and grocery services by way of

mobile phone applications, internet webpages or similar platforms.

Online marketplace are expressly excluded from the foregoing

definition;

Delivery Riders - persons who directly advance and deliver food

and/or grocery items on behalf of the Food and Grocery Delivery

Service Providers and in favor of Customers;

d) Customers - any person, individual, group of individuals, business

establishment, partnership, association, and corporation availing the

services of Food and Grocery Delivery Services under their name or
through another person for their benefit; and

Confirmed Order - There shall be a confirmed order once the

Customer sent his confirmation to the Delivery Rider with respect to

the order for the purchase of food and/or grocery items.

°)

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SEC. 3. Prohibited Acts. - The below listed acts are expressly prohibited, as
follows:

a) Unless otherwise provided in this Act, it shall be unlawful for any
Customer to cancel confirmed orders for the delivery of food and/or
grocery items when the said items have already been paid by or is
already in the possession of the Delivery Rider or otherwise is in
transit to the Customer. This also covers instances wherein Customers
order food and/or grocery items for the purpose of pranking or those
who has no genuine intention of availing of the service which causes
damage and undue duress to the Delivery Riders and_ their
corresponding Service Providers; and

It shall be unlawful for any Customer to shame, demean, embarrass, or
humiliate the Delivery Riders across any platform.

b)


SEC. 4. Exception. - The following shall be considered as exemptions from the
prohibited cancellation of confirmed orders mentioned in Section 3, Paragraph (a), as
follows:

a) When the Customer uses credit card services as a mode of
reimbursement and payment and any such reimbursement and
payment will still be credited to the Food and Grocery Delivery Service
Provider notwithstanding the cancellation;

The Customer remits to the Food and Delivery Service Provider any
such reimbursement and payment as a pre-condition for the
cancellation of order; and

‘The delivery of ordered food or grocery items will be or was delayed
for at least one (1) hour from the expected time of arrival given by the
Delivery Rider upon confirmation of order except when the Customer
was previously notified by the Delivery Rider or the Service Provider
of the impending, delay and such delay was not caused by the fault or
negligence of the Delivery Rider.

b)

°)

SEC. 5. Penalties. - Violation of the prohibited acts under Section 3 shall be
accorded the below listed penalties, to wit:

a) Violation of Section 3, Paragraph (a) herein mentioned shall result to a
penalty of Prison Mayor. The violator shall likewise be liable for a fine
of One Hundred Thousand Pesos. The violator shall likewise
reimburse the Food and Delivery Service Providers for the value of the
food and grocery items advanced by the Delivery Rider and be made
to pay said Food and Grocery Deliver Service Provider an amount of
money double the fee pertinent to the cancelled transaction; and
Violation of Section 3, paragraph (b) herein mentioned shalll result to a
penalty of Prison Correccional.

b)

Sec. 6. Application of other Laws - All prohibited acts defined and penalized by
this Act, if committed by, through and with the use of information and communications
technologies shall be covered by the relevant provisions of R.A. 10175 also known as the
Cybercrime Prevention Act of 2012. Therefore, the penalty to be imposed shall be one (1)
degree higher than that provided for in this Bill.

SEC. 7. Role of Food and Grocery Delivery Services Providers. - In case of
violation of this Act, the Service Provider shall reimburse the Delivery Riders for all
amounts of money advanced by the Delivery Riders resulting from the cancelled order
within twenty four (24) hours from the unlawful cancellation by way of bank deposit or
such other acceptable fund transfer mechanism. Violation of this role shall render the
Food and Grocery Services Provider liable to the Delivery Rider for a penalty of Five
Thousand Pesos. This penalty shall be in addition to whatever penalty to be imposed by
the applicable regulatory agency.

SEC. 8. Mandatory requirement for proof of identity and residential address. -
The Food and Delivery Service Provider shall require its Customers, prior to
registration with the applicable mobile phone applications, internet webpages or similar
platforms, to submit a valid proof of identity and residential address or proof of billing.
It shall likewise endeavor to verify the identity of the customer through video call
verification. Violation of this role shall render the Food and Grocery Services provider
liable for a fine of One Million Pesos per violation. This penalty shall be in addition to
whatever penalty to be imposed by the applicable regulatory agency.

The Food and Deliver Service Provides shall also be required to comply with the
pertinent provisions of the Data Privacy Act of 2012 before processing the personal


information of the Customers for their database. Any violation of the Data Privacy Act
shall be dealt with by the National Privacy Commission in its own instance.

SEC. 9. Separability Clause. - If any of the sections or provisions of this Act is
held invalid, all other provisions not affected thereby shall remain valid.

SEC. 10. Repealing Clause. - All laws, orders, issuances, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed, amended, or modified
accordingly.

SEC. 11. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,