Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _33'70

Introduced by Reps. TEDDY A. CASINO and RAFAEL V. MARIANO

EXPLANATORY NOTE

It has been almost normal to hear media reports of teaffic jams and vehicular accidents
involving buses. We often hear of provincial buses plunging into cliffs or crashing into poles.
Many incidents involve competing buses, each trying (0 outdo each other in getting more
passengers. Sometimes, the accidents are caused by tired and sleepy drivers who are forced
to work for more than 16 hours a day.

In 2008, the Metro Manila Development Authority (MMDA) recorded 4, 325 bus accidents
in Metro Manila or a daily average of 13 accidents involving buses. In the early part of 2009,
the incidents decreased but were still pegged at 10 accidents per day. According to the data,
most fatal accidents happen during the noontime and morning rush.

Just recently, a bus speeding along Tandang Sora allegedly malfunctioned and lost its brakes,
injuring 25 passengers. In February, two navy men tiding a Tamaraw FX were killed along
North Luzon Expressway as a passenger bus overtook it.

Poor working conditions and unfair boundary or commission-based systems are at the root
of these accidents. Drivers and conductors are pushed to compete with other buses to get
more passengers. They are often forced to man gra shifts, with some driving for
almost 20 hours a day.

In a majority of Metro Manila bus lines, drivers get a commission of 9% ftom the gross
collection while conductors receive 7%. The bus owners or operators are the ones who set
the commission rate for drivers and conductors. Not meeting the quota for the day would
deprive them of the coveted bonus or worse, half of the cost of gasoline will be deducted
from their collections and their commission would be computed based on the remaining
amount. At present, most bus drivers and conductors work three to five days a week, eight
hours or more a day (some double that) while relievers work less than three days a week,
‘They work less than five days a week but almost without rest to the detriment of the
passengers.

This bill secks to regulate the compensation of public utility bus (PUB) drivers by requiting
the operators of PUBs to grant fixed salaries as well as fixed working hours. A sample
computation will show that drivers currently earning P900 a day and working more than 12
hours a day for three days a week will receive almost the same income based on the
minimum wage for working eight hours a day for six days a week. ‘The difference is that



under this proposed act, drivers will get enough rest while operators will spend almost the
same amount for salaries.

In fact, several provincial bus companies are already employing a fixed monthly salary
scheme for their drivers and conductors.

With the assurance of fixed salaries on a regular basis, PUB drivers and conductors will no
longer be pressured to compete or be forced to work beyond humane working hours.
Serious accidents and traffic problems involving these buses will therefore be significantly
lessened.

In view of the foregoing, approval of this bill is highly and earnestly recommended.

‘DDY A. CASINO V. MARL
Bayan Muna Party-list Anakpawis Party-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _33'70

Introduced by Reps. TEDDY A. CASINO and RAFAEL V. MARIANO

AN ACT
REGULATING THE COMPENSATION OF PUBLIC UTILITY BUS DRIVERS
AND CONDUCTORS BY REQUIRING BUS OPERATORS TO PAY THEM
FIXED MONTHLY SALARIES AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

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

SECTION 1. Shore Title.
Compensation At.”

his Act shall be known as the “Bus Drivers and Conductors

SECTION 2. Declaration of Policy. ~\t is hereby declared the policy of the State to grant
just and humane working conditions for bus drivers and conductors as well as secure and
safeguard citizens from risks of vehicular accidents and traffic problems caused by
competing and overworked bus drivers. Towards this end, the State shall regulate the
compensation of public utility bus (PUB) drivers by requiring bus owners or operators to
pay them fixed monthly salaries.

SECTION 3. Coverage. — All persons who have been issued a Certificate of Public
Convenience (CPC) to operate a public utility bus service shall pay their PUB drivers and
conductors as compensation for work performed a fixed monthly salary which shall not be
Jess than the minimum wage fixed by law, plus benefits and incentives.

SECTION 4. Driver and Conductor Qualifications and Standards, ~ All operators of
public utility bus service shall comply with the driver and conductor qualifications and
standards which shall be established by the Land Transportation Franchising and Regulatory
Board (L'TFRB) in order to ensure the employment of qualified and experienced drivers and
conductors.

SECTION 5. Driving Hours. — All operators of public utility bus service shall require
their drivers to observe the following work scheme:

a) The driving hours shall not exceed eight (8) hours inclusive of the rest period;

b) A two-shift system shall be employed; and

©) There should be at least one (1) hour rest per working day.


SECTION 6. Daily Time Record or Trip Report Monitoring System. ~ All PUB
operators shall require their drivers to submit daily time records or trip reports in order to
monitor the number of trips made and the number of driving hours worked. A copy of the
summary of daily time record or tip report shall be submitted to the LTFRB as a
requirement for the annual renewal of registration of the PUB.

SECTION 7. Payment of Monthly Salary. ~ The monthly salary of PUB drivers and
conductors shall not be less than the minimum wage fixed by law. Salaries shall be paid in
cash at least once every two (2) weeks and shall be paid directly to the PUB drivers and
conductors. Benefits and incentives as stipulated in the Labor Code and related laws, and/or
in collective bargaining agreements, shall also be accorded to drivers and conductors.

SECTION 8. Status of Employment, ~ Years of employment shall be accounted for
‘upon the change in schemes and contracts.

SECTION 9. Penalties. ~ For any violation of this Act, the operator of any public utility
bus service shall be fined not less than One Hundred Thousand Pesos (P100,000.00) but not
more than Two Hundred Thousand Pesos (P200,000.00) and suspension of the franchise to
operate. Promiced, That the suspension of the franchise to operate shall only be until such
time that the operator has complied and paid the drivers and conductors of their back wages
and appropriate benefits.

SECTION 10. /mplementing Rules and Regulations. ~ The Chairman of the Land
‘Transportation Franchising and Regulatory Board (LTFRB) shall, in coordination with the
Secretary of Labor and Employment, issue the necessary rules and regulations for the
effective implementation of this Act.

SECTION 11. Repealing Clause.
and regulations, and other issuan
repealed or modified accordingly.

All laws, presidential decrees, executive orders, rules
inconsistent with the provisions of this Act are hereby

SECTION 12. Effectivity. - ‘Yhis Act shall take effect fifteen (15) days after publication in
the Official Gazette or in two (2) national newspapers of general circulation.

Approved,