Delivering amnesty to unauthorized delivery operators

The e-Conomy SEA 2024 study by Google, Temasek, and Bain & Co.* indicates that Philippines' e-commerce gross merchandise value reached $31 billion, with e-commerce contributing $21 billion to that total. It is forecast that by 2030, the Philippines' e-commerce will reach $60 billion.

- AMICUS CURIAE JERONA KRYSTEL R. BOSTON

In this digital age where anything can be delivered anywhere, e-commerce platforms have created a ripple effect, leading to the proliferation of logistics companies, specifically private express and messengerial delivery services (PEMEDES) firms. PEMEDES firms play a crucial role in the logistical operations of e-commerce platforms. Without these delivery operators, our parcels cannot be delivered to us.

As defined by Department of Information and Communications Technology (DICT) Circular No. HRA-002 dated June 26, a PEMEDES firm includes every natural or juridical person that owns, operates, manages, or controls in the Philippines, for hire or compensation, with general or limited clientele, whether permanent, occasional, or accidental, and for general business purposes, any service for the personal delivery to other persons, of written messages and any mail matter, except telegrams. A person who takes messages, letters, or parcels from one person or place to another, on behalf of a PEMEDES firm is called a Messenger. For better context, the delivery rider is the Messenger, whereas the entity which the delivery rider works for is the PEMEDES firm.

While PEMEDES firms provide a public service, they are not among the enumerated public utilities under Republic Act No. 11659, which amended the Public Service Act.

As PEMEDES firms cater to the public, they are regulated by the DICT pursuant to Presidential Decree No. 240 and Republic Act No. 10844 or the Department of Information and Communications Technology Act of 2015.