Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

45" Congress
SECOND REGULAR SESSION

HOUSE BILL Ne.__§241

Introduced by 1-United Transport Koalisyon (1-UTAK) Party-List
Representative
HOMER A. MERCADO

EXPLANATORY NOTE

The growth of the public transport industry has been hampered by the
‘operation of Kolorum vehicles or vehicles operating as public transport but without a
certificate of public convenience. This egal activity has prejudiced the economic
benefits of the legitimate transport — drivers, operators, owners, transpart companies,
and has also bred rampant extortion activiies of some lawenforcement agents. tt
has wreaked havoc in the transport planning of government. It has negated traffic
plans, and even contributed fo street congestion,

These kolorum vehicles evade safety standards and required facitties for
public utility vehicles putting passengers in harms way, and without the necessary
insurance coverage in case of accidents. Furthermore, kolorum operators do not pay
the proper tax, as well as, government fees and charges.

‘To date, the penalty for engaging in kolorum activities, pursuant to Republic
‘Act 4136, otherwise known as the Land Transportation and Traffic Code is a measly
fine of Two Hundred Pesos (Php 200.00) and suspension of driver's license for a
Period of Three (3) months for the first conviction; a fine of Three Hundred Pesos
(Php 300.00) and Six (6) months imprisonment for the second conviction; and an
imprisonment of one (1) year and permanent revocation of the drivar’s license for the
third conviction. This has not prevented or deterred perpetuation of kolorum activities,

‘This bill aims to increase the penalty of engaging in kolorum activities, and
expanding the coverage of the persons liable,

Addressing this long overdue issue will lead to smoothes traffic, increase the
daily economic income of legitimate drivers, promote the safety standards of the
riding public and encourage tagitimate transport operators to provide sufficient
vehicles to forestall any adverse effect once the kotorum vehicle are eliminated.

For the reasons thus cited, the passage of this billis strongly ro
i

HOMER A. MERCADO


Republic of the Phiippines
HOUSE OF REPRESENTATIVES
‘Quezon City

18" Col
SECOND REGULAR SESSION

5241

HOUSE BILL No.

Introduced by 1-United Transpon Koalisyon (1-UTAK) Party-List
Representative
HOMER A. MERCADO

AN ACT INCREASING THE PENALTY FOR KOLORUM ACTIVITIES

Be it enacted by the Senate and the House of Representative of the Philippines in
Congress Assembled:

SECTION 1. Title - This Act shall also be known as the “Anti-Kolorum Act”

SECTION 2. Definition of Kolorum Activity ~ refers to the use of any privately:
‘owned vehicle to transport passengers and/or cargo as a common carrier without the
proper Certificate of Public Convenience (CPC) issued by the appropriate
government agency.

SECTION 3. Penalty ~ Any person engaging in kolorum activities shall be penalized
by prision correccional or an imprisonment of not less than six (6) months and one
(1) day but not more than six (6) years, and a fine of One Hundred Thousand Pesos
(Php 100,000.00)

Also liable under this Act are the persons who knowingly use, ride or
patronize, or those who conspire with athers in soliciting passengers and/or cargo to
be transported in the kolorum vehicle, as well as the owner of the vehicle who
tolerated the use of his unit for kolorum activities.

In case of juridical entities, the President, the Managing Director/General
Manager and the Board of Directors/Trustees shall be liable under this Act.

SECTION 4. Release of Vehicle - The vehicle used for kolorum activites shall not
be released from the custody of the apprehending govemment agency without a
written approval from the caurt hearing the case.

SECTION 5, Additional Penaities — The driver's license of the convicted driver shall
be suspended for one (1) year, and the certificate of registration of the vehicle shall


be suspended for the same period, if the owner thereof tolerated or consented to its
legal use.

SECTION 6. Repealing Clause — All laws, Presidential issuances, orders,
memoranda, circulars and rules and regulations that are in conflict with this Act are
hereby deemed repealed, modified or amended accordingly.

SECTION 7. Effectivity Clauses —- This Act shall take effect fifteen (15) days after its
Publication in at least two (2) national newspapers of general circulation.

APPROVED.