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Tuesday, August 28, 2012

The LTFRB-6 -Franchise Mess


Hole of Justice

By Peter Jimenea

The LTFRB-6 - Franchise Mess

The last week episode of the television program “Kape kag Isyu sa Barangay,” dwelt on complaints of taxi drivers about the reprehensible grant of new taxi franchise in volume by LTFRB-6 RD Romulo Bernardez.

The drivers have been complaining on the approval of new franchise when there are already enough taxi units plying the city to serve the riding public. Additional taxi units would surely reduce their already meager income. Beside which, these are no longer necessary as what their claim hinted at.

I can still recall the Memorandum Order from the higher-ups of the LTFRB Head Office stopping the grant of new taxi franchise. On how the LTFRB-6 officials fixed the glitches of that MO to justify the new issuance of franchises, RD Bernardez has a lot of explaining to do!

The compounding problem in this drivers’ exasperation about the volume of new franchise approved by Dir. Bernardez, is a man named Pitong Yap. The drivers were told at the LTFRB office to wait until Mr. Yap learned of their complaint. But who is Pitong Yap? Isn’t he a taxi operator in the city? Well, Mr. Yap has yet to say about this.

But this reinforced the widespread public belief that something awry is happening inside the LTFRB regional office. The reason why the cost of new franchise for those in a hurry to operate a taxi, reached 80,000 pesos. But new application would not cost more than P5,000.

Funny indeed, when the order to stop the taxi franchise was received by RD Bernardez, he had already issued an undisclosed volume. So he flew to Manila for fear that the taxi operators will file a Temporary Restraining Order (TRO) against the MEMO and put his turf in bad light.

Surprisingly, when he returned to Iloilo City, the MEMO was lifted and the issuance of new franchise stands. But why exempt only the LTFRB-6, when the Order is of national application? Taking all equities of this case into consideration, this is an exceedingly rare instance!

When the RD approved the new taxi franchise, it is widely believed that some taxi operators cornered the volume as reserved for future units. When the issuance stopped, they sell taxi franchise to the new applicants in a hurry - if the price is right. This creates an impression that wholesale of franchise by LTFRB director to operators was done in exchange for……  you know what!

The non-stop coming-in of reports about this LTFRB mess has made this case clear and understandable. The Head Office allowed the issuance of new taxi franchise provided, that operators must convert the fuel use of said vehicle from gasoline to liquefied petroleum gas or LPG.

No wonder, if there are now new taxi units roaming around the city with 2012 registry. But who are they kidding? Only fool taxi-operators will allow the conversion of their newly purchased cars to LPG as this will redound to certain engine malfunctions.

The Ombudsman-Visayas should start investigating this mess now as the space given to me is forum non conveniens – an inconvenient place for conducting judicial business. But I’m sure this case is good for the Court!

I believe LTFRB-6 should be investigated on why the law of national application has exempted only Region 6. How about the other regions who want to operate taxi units but were not allowed franchise due to the Head Office Order to stop? What makes Region 6 so special?

This is not what we think LTFRB-6 business is all about. But its director and some taxi operators are now suspects as a new syndicate we have to deal with. I am inviting them though, to air their side on this issue. As the law says; “audi alteram partem” – no man shall be condemned unheard. (Posadas vs. CA, 56 SCRA 619).

Well, I hope to have made your day in this column. You asked for it. Unlike the Deputy Ombudsman for the Visayas Pelagio Apostol and me…… who ask others to make our day!

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