Christian I.

Martires
1JD1-S
Draft Bill: Online Food and Package Delivery Services Regulation Act

Preamble:

Whereas, during the State of Public Health Emergency caused by the outbreak of COVID-19,
the National Capital Region experienced lockdowns and restrictions on movement, leading to a
significant reliance on online delivery services to access essential goods and services;

Whereas, accredited delivery riders/drivers of various companies played a crucial role in

ensuring the continuous flow of essential goods and services, contributing significantly to the
economy during the pandemic;

Whereas, it is imperative to establish a legal framework that regulates online food and package
delivery services to safeguard the interests of consumers, promote fair competition, and ensure
the safety and well-being of delivery riders/drivers;

Now, therefore, be it enacted by the Senate and House of Representatives of the Philippine
Congress Assembled:

Section 1. Title – This act shall be known as the "Online Food and Package Delivery Services
Regulation Act."

Section 2. Definition of Terms – As used in this Act

(a) "Online Sale Platform" refers to any digital or electronic platform or application that
facilitates the sale and delivery of food items, packages, or other goods.

(b) "Delivery Service Provider" refers to any company or individual engaged in the delivery
of food items, packages, or other goods using motorcycles or other means.

(c) "Accredited Delivery Rider" refers to a rider or driver employed by or contracted with a
delivery service provider who has met the necessary qualifications and standards set
forth in this act.

(d) "Consumer" refers to any person who purchases food items or packages through an
online sale platform for personal use or consumption.

(e) "Department of Trade and Industry" refers to the government agency responsible for
overseeing and regulating online food and package delivery services.
Section 3. Registration and Accreditation

(a) All delivery service providers operating within the jurisdiction of the Philippines shall be
required to register with the Department of Trade and Industry.

(b) Accreditation of delivery riders/drivers shall be mandatory for all individuals engaged in
online food and package delivery services.

(c) The Department of Trade and Industry shall establish criteria and standards for
accreditation, including but not limited to background checks, training, and compliance
with safety regulations.

Section 4. Consumer Protection

(a) Quality and Safety – Delivery service providers shall ensure the quality and safety of
food items and packages during transit.

(b) Customer Support – Delivery service providers shall implement procedures for handling
complaints and addressing issues related to the delivery process promptly.

(c) Display of consumers' rights – All online sale platforms shall prominently display
information about consumers' rights, including return policies, refund procedures, and
contact information for customer support.

(d) Price Transparency – Online sale platforms shall provide clear and transparent
information on the prices of food items, delivery fees, and other charges to consumers
before they place an order. Any changes in prices or fees shall be prominently displayed
and communicated to consumers in a timely manner.

(e) Data Privacy and Security – Online sales platforms shall implement robust data privacy
and security measures to protect consumer information, including personal and payment
data. Delivery service providers shall not misuse or disclose consumer information for
any unauthorized purposes.

(f) Delivery Time and Quality – Online sale platforms shall provide estimated delivery times
to consumers, and delivery service providers shall make their best efforts to adhere to
these times. Consumers shall have the right to inspect the quality and condition of
delivered food items and packages upon receipt. Any issues shall be promptly
addressed.

Section 5. Safety Regulations

(a) All accredited delivery riders/drivers shall be required to wear appropriate safety gear,
including helmets and reflective vests while conducting deliveries.
 (b) Delivery service providers shall provide insurance coverage for accredited delivery
riders/drivers in case of accidents or injuries sustained during delivery activities.

(c) Delivery service providers shall implement safety training programs for their
riders/drivers and conduct regular safety checks on their vehicles.

Section 6. Pricing and Fair Competition

(a) Delivery service providers shall disclose transparent pricing structures, including delivery
fees and additional charges, to consumers.

(b) Unfair business practices, such as price gouging, shall be strictly prohibited.

Section 7. Data Privacy and Security – Online sale platforms and delivery service providers shall
adhere to data privacy regulations and protect the personal information of consumers and
accredited delivery riders/drivers.

Section 8: Enforcement and Penalties

(a) The Department of Trade and Industry shall have the power to investigate and impose
penalties on delivery service providers for violations of this act.

(b) Penalties mentioned in Republic Act No. 8792, the “Electronic Commerce Act” and
Republic Act No. 10175 or the “Cybercrime Prevention Act of 2012” or other relevant or
pertinent laws through transactions covered by or using electronic data messages or
electronic documents shall be penalized with the same penalties as provided in those
laws;

(c) Penalties may include fines, suspension of operations, or revocation of accreditation and
registration.

Section 9. Transitional Provisions – Existing delivery service providers shall have six (6) months
to comply with the requirements of this act.

Section 10. Funding – The amount necessary to implement the provisions of this Act shall be
included in the annual General Appropriations Act (GAA).

Section 11. Implementing Rules and Regulations – The Department of Trade and Industry is
hereby empowered to enforce the provisions of this Act and issue implementing rules and
regulations necessary, in coordination with the Department of Transportation and
Communications, National Telecommunications Commission, National Computer Center,
National Information Technology Council, other concerned agencies and the private sector, to
implement this Act within seventy-five (75) days after its approval.
Section 12. Separability Clause – If any provision of this Act is declared invalid or
unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Section 13. Repealing Clause – All laws, Presidential decrees, executive orders, and rules and
regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.

Section 14. Effectivity Clause – This act shall take effect 75 days after its publication in the
Official Gazette.

In witness whereof, this Bill "Online Food and Package Delivery Services Regulation Act" to
promote the safety, fairness, and efficiency of online delivery services in the Philippines.
is hereby proposed for consideration and enactment into law.