Unlike in previous SONAs, GMA’s last one (or was it?) did not mention anything about constitutional amendments, a proposal designed to rescue the President from a constitutional crisis that had been provoked by demands from protesters including some in the opposition calling for her resignation. GMA made light of her statement on stepping down from the stage after her speech but not from the presidency, reiterating to all that her term does not end until next year. This was met with varied reactions from all sectors of society. The cloud of skepticism to this statement reflects the credibility problem that has afflicted her presidency since she broke her promise not to run in the 2004 elections.
She delivered her speech with ease riding a strong surge in the economy, which according to her posted uninterrupted growth for 33 quarters; more than doubled its size from $76 billion to $186 billion. She boasted of a decrease in the number of poor by 2 million – from 59% to 47%. She announced with pride the creation of 8 million jobs, an average of a million a year for the Filipino people. Wow! But where and what are all these jobs? We still have a significant number of unemployed countrymen. And we still have 30% of the population below poverty line.
A big part of the SONA was devoted to an inventory of how much has been accomplished in the last year. She spoke about new modern infrastructure, building a sound base for the next generation and how international authorities have observed that we are safer from environmental degradation and man-made disasters. I am quite amazed with her facts and figures – where did she get all these? In fact, what latest technology is she talking about? We cannot even determine whether a storm is headed our way. What flood control infrastructure was she referring to when just recently heavy downpours caused flooding again in Metro Manila. As a matter of fact, the Philippine Star reported just this weekend that aside from six people, including three French tourists who perished when they were swept away by lahar from Mt. Pinatubo in Capas, Tarlac, 12 more people were killed in Baguio City where successive landslides hit the gold processing plant of a small scale mining firm. The death toll rose to eight as of Saturday as rescuers continued their search for those still reported missing. Typhoon “Kiko” also displaced some 14,360 families or 73,171 people in Benguet and Pampanga while 10 barangays went underwater in Botolan, Zambales. Not to mention the landslides in Nueva Ecija and Nueva Vizcaya as well. C’mon! Madame President, get a grip of reality. Stop fantasizing.
What about the transport problems? The only reference GMA made about our country’s chaotic land transport system was her brief statement that: “We need to amend the Commonwealth-Era Public Service Law.” The law adverted to is the 73-year old Commonwealth Act No. 146 otherwise known as the Public Service Act enacted by the National Assembly on November 7, 1936. This law remains the basic transportation law of the country governing the issuance of permits to operate land transport services called Certificates of Public Convenience (CPC) in legal parlance. As we Filipinos would chuckle, panahon pa yan ni Mahoma!
Anyway, the requirements under this law for the grant to applicants of CPCs are: (1) public necessity for the proposed transport services; (2) financial capability of the applicants to operate the services authorized (after a hearing) in a proper and suitable manner; and (3) Philippine citizenship of the applicants. The main consideration, under the Public Service Act, for the grant of a CPC is – public interest.
Since the Public Service Act was enacted 73 years ago, four transport agencies have been tasked, one after the other, to issue CPCs and regulate the country’s land transportation system. The present franchising and regulatory agency is the Land Transportation Franchising and Regulatory Board or LTFRB headed by a chairman with two Board Members, created under Executive Order No.202 in June 1987. Under this E.O. the LTFRB is empowered “to prescribe and regulate routes of service, economically viable capacities and zones or areas of operation of public land transportation services provided by motorized vehicles in accordance with the public land transportation development plans and programs approved by the Department of Transportation and Communications.”
The chaotic land transport system of the country, the mainstay of which is the ubiquitous jeepney for the last 60 years and the presence of more than 5,000 buses on EDSA are proof that the LTFRB has not efficiently discharged its franchising and regulatory functions. This is due to widespread graft and corruption in the issuance of CPCs and mismanagement by the agency’s officials. CPCs are issued for reasons other than public interest — to put it bluntly, for money without regard to the grantees’ qualifications and the need for the transport services authorized. Expired CPCs (which should have been cancelled) are revived for a fee and thereafter allowed to be sold to new applicants for substantial amounts. This is why many provincial and Metro Manila bus routes, like EDSA, are saturated with excess buses posing danger to life and limb. Compared to other bus routes, EDSA has sustained more fatal accidents than any other route.
Recently, the LFTRB chairman announced that about 4,000 buses plying EDSA will be eliminated by not renewing their CPCs. He declared: “We will not renew the franchises of 4,000 buses.” But wonder of wonders! Why has the LTFRB accepted more than 60 applications on several provincial routes for 900 buses entering Metro Manila, if the plan is to reduce excess buses on EDSA? Of the 900 provincial buses applied for, 365 will end up in Cubao and 60 at the Mall of Asia. These applications have been set for hearing by the LTFRB Legal Division.
Meanwhile, pending the enactment of a new transport law, the DOTC or better still Malacanang should direct the LTFRB to address the present problems at the agency by: (1) curving the pervasive and festering graft and corruption; (2) ban the revival of expired CPCs and stop their sale by declaring these dead CPCs cancelled; and (3) issue a temporary moratorium in the grant of CPCs on already served routes until a transport development plan and program is approved by the DOTC pursuant to E.O. 202 creating the LTFRB.
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Last Wednesday, August 5, 2009 Cory Aquino was laid to rest. It was heartwarming to see millions of people lining up the streets, waiting for the funeral procession to pass so that they could pay their last respects to an icon democracy despite the heavy rains. In his homily at the Manila Cathedral, Father Catalino Arevalo, S.J. expressed his hope that the patriotism and unity that resulted in the death of Tita Cory should continue so that her sacrifices would not go to waste. Plato, the ancient Greek philosopher once said, “The price of apathy towards public affairs is to be ruled by evil men.” I hope our elected officials take heed of this. Matamaan wag magalit!