Public Transport Anti-overcapacity Act of 2026

Britate Office of the Sitielatp P1:58 TWENTIETH CONGRESS OF THE JAN 15 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: S.B. No._ SE 1669 Introduced by Senator Raffy T. Tulfo AN ACT DEFINING AND PROHIBITING OVERCAPACITY OR OVERLOADING IN PUBLIC TRANSPORTATION, PRESCRIBING STIFFER PENALTIES THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE Overcapacity or overloading in public transportation remains a persistent public safety hazard. The practice of loading passengers beyond the authorized limit increases the risk of collisions, rollovers, loss of vehicle stability, and, in the case of passenger vessels and ferries, catastrophic incidents that can lead to mass casualties. It also undermines orderly public transport operations by encouraging unsafe loading behavior at terminals and along routes. For land transportation, existing law already clearly declares the act unlawful. The Land Transportation and Traffic Code, as amended, provides "No person operating any motor vehicle shall allow more passengers or more freight or cargo in his vehicle than its registered carrying capacity." Despite this statutory prohibition, enforcement challenges and weak deterrence persist, particularly where penalties are perceived as too low compared to the economic incentives of carrying more passengers per trip. GMA News reported in April 2025 that the Land Transportation Franchising and Regulatory Board (LTFRB) reiterated warnings to drivers and operators against overloading public utility vehicles during peak travel periods, citing safety risks and recurring commuter complaints of "sardine-packed" units

despite existing rules. The report noted that overloading remains prevalent even with ongoing enforcement operations. Similarly, the Philippine Star reported in July 2025 that the LTFRB intensified its crackdown on overloaded buses and vans under its "anti-sardinas" campaign, acknowledging that repeated violations persist because existing penalties are insufficient to deter operators who profit from exceeding passenger limits. Past tragedies illustrate the grave consequences of weak enforcement. A deadly bus crash in Nueva Ecija killed at least 29 passengers after the vehicle plunged into a ravine, as stated by the Philippine Star in April 2017. Investigations revealed that the bus was heavily overloaded, reinforcing long-standing concerns that excess passengers materially increase the severity and lethality of road accidents. The same public safety concern applies with equal, if not greater, force to passenger boats, ferries, and similar vessels, where exceeding authorized passenger capacity can quickly turn an incident into a disaster. In a July 2023 news article, the Associated Press cited that a passenger ferry capsized in Laguna de Bay after being caught in strong winds, resulting in dozens of deaths. Authorities confirmed that the vessel was carrying more passengers than officially manifested, complicating rescue operations and highlighting the dangers of overcapacity in inland water transport. Likewise, the Independent (UK) documented in August 2023 that another ferry accident in the Philippines involved an overloaded vessel that capsized amid adverse weather conditions, leading to multiple fatalities. The report emphasized that passenger overcrowding significantly reduced the vessel's stability and survivability. These incidents prompted renewed regulatory action. The Philippine News Agency reported in 2024 that the Department of Transportation and the Philippine Coast Guard initiated investigations and enforcement measures against ferry operators suspected of selling tickets beyond authorized passenger limits, citing overloading as a recurring factor in maritime accidents. The Supreme Court has repeatedly emphasized the primacy of public safety in transportation regulation and has recognized that stricter penalties may be reasonably necessary to ensure compliance. In Republic v. Maria Basa Express (2022), the Court

stressed that rules designed for the safety and convenience of the riding public must be strictly complied with and that violations should not be treated lightly, lest they breed irreparable disasters. The Court further affirmed that increasing fines and imposing stricter penalties may constitute a valid exercise of police power when reasonable and directly related to public welfare. This proposed measure therefore seeks to strengthen deterrence and accountability by clearly defining overcapacity or overloading based on the unit's registered or authorized passenger capacity as reflected in official permits, certificates of public convenience (CPCs or CPCNs), franchise documents, or relevant safety certificates. It expressly prohibits overcapacity across both land public transport utilities, including public utility buses, and water public transport utilities, such as ferries and passenger vessels. To ensure meaningful compliance, the measure imposes graduated and stiffer penalties that escalate for repeat offenses and attach liability not only to on-board personnel but also to operators or owners who permit or cause the violation. At the same time, it authorizes the issuance of implementing rules and uniform enforcement protocols, including standardized passenger-counting methods and documentation requirements, while expressly mandating that penalties remain reasonable and that all enforcement actions observe due process. In view of the urgent need to protect life and ensure safe, disciplined public transportation, both on land and at sea, the immediate passage of this bill is earnestly sought. RAFFY T. TULFO M

Senate Office of the soccretary TWENTIETH CONGRESS OF THE JAN 15 P1:59 REPUBLIC OF THE PHILIPPINES First Regular Session RECEIVED BY: SENATE S.B. No. 1669 Introduced by Senator Raffy T. Tulfo AN ACT DEFINING AND PROHIBITING OVERCAPACITY OR OVERLOADING IN PUBLIC TRANSPORTATION, PRESCRIBING STIFFER PENALTIES THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Public Transport Anti-

Overcapacity Act of 2026."

Sec. 2. Declaration of Policy. - It is the policy of the State to protect life and

promote public safety in public transportation by ensuring strict compliance with the authorized passenger capacity of public utility vehicles and vessels; to deter unsafe loading practices through stiff, certain, and enforceable penalties; and to hold accountable drivers, conductors/crew, and operators/owners who permit, allow or cause overcapacity conditions.

Sec. 3. Definition of Terms. — As used in this Act:

(a) Overcapacity or Overloading refers to the carriage of passengers in excess of the registered or authorized passenger capacity of a public transportation unit, as stated in its registration, certificate of public convenience (CPC), franchise, certificate of public convenience and necessity (CPCN), safety certificate, passenger ship safety certificate, or such equivalent authorization issued by the proper government agency.

(b) Land Public Transportation Utility refers to public utility buses and other public utility vehicles operating on land, whether city, provincial, point-to-point, or such equivalent classification recognized by the Land Transportation Franchising and Regulatory Board (LTFRB) or the Department of Transportation (DOTr). (c) Water Public Transportation Utility refers to passenger vessels, ferries, and other watercraft engaged in public transportation of passengers for compensation within Philippine jurisdiction, whether domestic sea, inland waterways, or inter-island operations, as regulated by the Maritime Industry Authority (MARINA) or such other competent agency. (d) Operator/Owner refers to any person or entity holding the franchise, CPC/CPCN, or equivalent authority to operate a public transportation unit.

Sec. 3.A. Government Agencies. - The agency that determines, fixes, certifies, or

recognizes the authorized passenger capacity of a public transportation unit for purposes of this Act, are as follows: (1) For Land Public Transportation Utilities - the Land Transportation Office (LTO) for purposes of vehicle registration and the vehicle's registered carrying capacity, and the Land Transportation Franchising and Regulatory Board (LTFRB) for purposes of the terms and conditions of the Certificate of Public Convenience (CPC) or Certificate of Public Convenience and Necessity (CPCN), including safety-related operating requirements; and (2) For Water Public Transportation Utilities - the Maritime Industry Authority (MARINA) for purposes of vessel authorization and safety certification, in coordination with the Philippine Coast Guard (PCG) and such other agencies as may be provided by law for maritime safety and enforcement.

Sec. 4. Prohibited Acts. - It shall be unlawful for any person operating a land

public transportation utility to allow more passengers than its registered carrying capacity. In the case of public utility buses, the conductor, if any, shall be primarily liable for on- board loading violations without prejudice to the liability of the driver and operator/owner under this Act.

For water public transportation utilities, it shall be unlawful for the master, captain, crew, or operator/owner to allow boarding or carriage of passengers in excess of authorized passenger capacity, including passengers accommodated in areas not 4 intended for passenger carriage under safety regulations.

Sec. 5. Duties to Prevent Overcapacity. - Operators/owners shall:

(a) ensure that the authorized passenger capacity is conspicuously posted inside the unit/vessel and at boarding points; (b) adopt and implement loading control measures such as ticketing, passenger counting, boarding control, and crew training; (c) maintain records of trips and manifests, where applicable, in a manner prescribed by the regulating agency.

Sec. 6. Penalties; Land Transportation Utilities. - After due notice and hearing,

the following penalties shall be imposed for overcapacity: (a) For the driver and/or conductor: (1) First offense: fine of twenty thousand pesos (P20,000.00) and suspension of driver's license for one (1) month; (2) Second offense: fine of fifty thousand pesos (P50,000.00) and suspension for three (3) months; (3) Third offense: fine of one hundred thousand pesos (P100,000.00) and suspension for six (6) months; (4) Fourth and subsequent offenses: fine of two hundred thousand pesos (P200,000.00) and revocation of the driver's license, subject to existing laws on due process. (b) For the operator/owner: (1) First offense: fine of one hundred thousand pesos (P100,000.00); (2) Second offense: fine of two hundred thousand pesos (P200,000.00) and impoundment of the unit for thirty (30) days; (3) Third offense: fine of five hundred thousand pesos (P500,000.00) and suspension of the CPC/CPCN or franchise for not less than six (6) months;

(4) Fourth and subsequent offenses: fine of one million pesos (P1,000,000.00) and cancellation or revocation of the CPC/CPCN or franchise. Provided, that where overcapacity results in death, serious physical injuries, or a major accident, the regulating agency may impose immediate preventive suspension subject to summary proceedings and the requirements of due process.

Sec. 7. Penalties; Water Public Transportation Utilities. - After due notice and

hearing, the following penalties shall be imposed for overcapacity: (a) For the master/captain and responsible officers: (1) First offense: fine of fifty thousand pesos (P50,000.00) and suspension of license/competency certificate for three (3) months; (2) Second offense: fine of one hundred thousand pesos (P100,000.00) and suspension for six (6) months; (3) Third offense: fine of two hundred thousand pesos (P200,000.00) and revocation of license/competency certificate, subject to due process. (b) For the operator/owner: (1) First offense: fine of five hundred thousand pesos (P500,000.00); (2) Second offense: fine of one million pesos (P1,000,000.00) and suspension of authority to operate for not less than six (6) months; (3) Third and subsequent offenses: fine of two million pesos (₽2,000,000.00) and cancellation of authority to operate. Provided, that the vessel may be ordered detained until compliance and payment of administrative fines, consistent with maritime safety regulation and due process.

Sec. 8. Determination of Overcapacity; Presumptions. — Overcapacity may be

established by any of the following: (a) passenger count by authorized enforcers; (b) ticket and manifest reconciliation; (c) CCTV/bodycam/video evidence;

(d) sworn statements of enforcement personnel; other competent evidence. The agency shall issue uniform guidelines for passenger counting and documentation.

Sec. 9. Implementing Rules and Regulations. — The DOTr, LTFRB, LTO, and

MARINA, in coordination with the Philippine Coast Guard and other concerned agencies, shall promulgate the necessary rules and regulations within ninety (90) days from effectivity, including standards for passenger counting, posting of capacity, boarding control, preventive suspension, and adjudication procedures, and shall ensure penalties are reasonable and deterrent.

Sec. 23. Separability Clause. - If any portion or provision of this Act is declared

unconstitutional, any provisions not otherwise affected shall remain in force and effect.

Sec. 24. Repealing Clause. - Any law, presidential decree or issuance, executive

order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

Sec. 25. Effectivity Clause. - This Act shall take effect after fifteen (15) days

following its complete publication in the Official Gazette or in a newspaper of general circulation. Approved,