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Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House BillNo,__7162

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Itis apparent that food and grocery delivery services have made ordering easier
for its users. The convenience brought about by these service providers have been
especially invaluable during this time when restaurants and supermarkets have become
very much less accessible to the public. Most of these delivery services utilize delivery
riders who pay the orders using their own money and later on be reimbursed upon delivery
to the customers. Considering the convenience that these services provide to the public,
itis no surprise that their services have been utilized by a lot of people.

However, it has come to the attention of many that some people have been
unscrupulously availing of the services of these providers only to cancel their orders and
leaving the delivery riders in a problematic situation where they have shelled out their
own money and cannot be reimbursed anymore. Many incidents of this kind have been
circulating in social media and it is clear that the interest of these delivery riders and the
food and grocery delivery services have to be protected.

This Bill is aimed to provide protection to individuals engaged in food and delivery
services by penalizing certain acts that prove to be unwarranted for these individuals.

In view of the foregoing, the passage of this Bill is earnestly sought.

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ERIC OLIVAREZ


Republic of the Philippines
House of Representatives
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. ube

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

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

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

SECTION 1. Short Title - This Act shall be known as the "The Food and Delivery
Services Protection Act."

SECTION 2. Definition of Terms. —

. Confirmed Order refers to an order of food and/or grocery item by a customer

who has sent his/her confirmation to the delivery rider.

. Customer refers to 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;

;. Delayed delivery refers to a delay of ordered food or grocery items for at least

one (1) hour from the expected time of arrival given by the delivery rider upon
confirmation of order

|. “Delivery Riders” refer to 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;


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e. Food and Grocery Delivery Services refer to services where the service provider
buys food and grocery items from a third-party seller and provides an advanced
payment for said purchase for a fee; and

f. Food and Grocery Delivery Service Providers refer to persons or entities who
are engaged in the business of food and grocery services by way of mobile and
intemet software applications, intemet, or other similar platforms. Online
marketplaces are excluded from the foregoing definition.

SECTION 3. Prohibited Acts. — It shall be unlawful for any person to engage
in the following acts:

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 for by the delivery rider or is already in the
possession of the delivery rider or otherwise 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 have no genuine intention of availing
services which may cause any undue stress and damage to the delivery riders
and their corresponding service providers;

b. It shall be unlawful for any customer to shame, demean, embarrass, or
humiliate delivery riders across any platform.

SECTION 4. Exceptions. — The following shall be considered as the exceptions
from the prohibited cancellation of confirmed orders mentioned in Section 3, paragraph

(a):

a. When the customer uses credit card services as a mode of reimbursement and
payment, such reimbursement and payment will still be credited to the food and
grocery delivery service provider notwithstanding any cancellation; Provided
that, 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

b. When the customer is 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.

SECTION 5. Penalties. - Violation of the prohibited acts under Section 3 shall
be accorded the following penalties:

a. Violation of Section 3 (a) shall be punishable by imprisonment of not less than
one (1) month but not more than six (6) months or a fine of not less than FIVE
THOUSAND PESOS (Php5,000.00) but not more than FIFTY THOUSAND
PESOS (Php50,000.00) or both at the discretion of the court;


b. Violation of Section 3 (b) shall be punishable by imprisonment of not less than
one (1) month but not more than six (6) months or a fine of not less than ONE
THOUSAND PESOS (Php1,000.00) but not more than FORTY THOUSAND
PESOS (Php40,000.00) or both at the discretion of the court,

SECTION 6. Role of Food and Grocery Delivery Service 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 (24) hours from the unlawful cancellation.

SECTION 7. Mandatory requirement for proof of identity and residential
address. - The food and delivery service provider shall require its customers to
submit a valid proof of identity and residential address before proceeding with the
confirmation of any order. Said food and delivery service provider shall likewise 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.

SECTION 8. Separability Clause. - If any provision of this Act is declared
unconstitutional or otherwise invalid, the validity of the other provisions shall not be
affected thereby.

SECTION 9. Repealing Clause. - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act are hereby repealed or modified
accordingly.

SECTION. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved.