Rights of Tricycle

Passengers

By: Atty. Karissa Faye R. Tolentino

Riding tricycles is the preferred mode of transportation here in Dumaguete City

but there are some stories circulating nowadays about tricycle drivers abusing
the reliance of our residents and tourist. Regrettably, there are reports that some
drivers devise schemes to increase their earnings sacrificing goodwill and quality
of service along the way. This article is written to help you know your rights
whenever you find yourself in this situation.

Overcharging.
Most drivers are breadwinners and only earn PhP 200 or PhP 300 daily, just
enough to buy food. Sometimes, it’s not even enough. But they can’t charge their
passengers beyond what is prescribed under the existing city ordinance. Fare
overcharging is a violation of City Ordinance No. 117 Series of 2007 as amended
by Ordinance No. 29 Series of 2015, which governs the minimum fare rates of
Motorcabs-for-Hire (MCH). The penalty for overcharging is only PhP 50 for the
first offense, PhP 100 for the second offense and a filing of a case before the city
prosecutor for the third offense, as provided under the Traffic Ordinance of the
City.

Refusal to Convey Passengers.

Another most common complaint is the Refusal to convey a passenger. Refusal
to convey includes a situation where there is an intention on the part of the driver
to make a contract of carriage. When a driver stops and inquires about your
destination, he already negotiated. If he refuses for whatever reason, the
passenger could file a complaint.

Under Joint Administrative Order No. 2004-01, refusal to convey carries a

penalty of PhP5,000 for the first offense, PhP10,000 and impounding of unit for
the second offense, and PhP15,000 and cancellation of certificate of public
conveyance for the third and subsequent offenses.

Death or Injury to the passengers.

Under the law, a tricycle is a common carrier. A common carrier is required to
observe extraordinary diligence, and is presumed to be at fault or to have acted
negligently in case of the death or injuries to passengers. (Article 1756 of the
Civil Code) This high standard of care is demanded by the volatility of human life
and by the consideration that every person must in every way be safeguarded
against all injury. Being a mere presumption, however, the same is rebuttable by
proof that the common carrier had exercised extraordinary diligence as required
by law in the performance of its contractual obligation, or that the injury suffered
by the passenger was solely due to a fortuitous event/act of God.
For damage or injuries arising out of negligence in the operation of a motor
vehicle, the driver may be held criminally and civilly liable. The registered
owner/operator may also be held civilly liable with the negligent driver either 1)
subsidiarily (which means he has to pay if the driver cannot pay), if the aggrieved
party seeks relief based on a delict or crime under Articles 100 and 103 of the
Revised Penal Code; or 2) solidarily (which means that complainant can collect
from either of them), if the complainant seeks relief based on a quasi-delict under
Articles 2176 and 2180 of the Civil Code. In case a separate civil action for
breach of contract of carriage is filed, only the registered owner is primarily and
directly responsible for the consequences of its operation, including the
negligence of the driver.

Where to complain?

In case of a violation of the above rights, a passenger can register a complaint

with the Office of the City Administrator, Traffic Management Office (TMO),
Philippine National Police (PNP) for, or the Office of the City Prosecutor.