Showing posts with label ASBU. Show all posts
Showing posts with label ASBU. Show all posts

Friday, February 13, 2015

Anti-Smoke Belching Racket, Part 7

The Anti-Smoke Belching Unit (ASBU) of various city governments in Metro Manila remains among the dreaded agencies of those local governments. Lots of extortion are happening there because no one seems to pass their smoke test. Thus, those who do not want to be harassed further have to offer something so that they can go to their destination. Here is one news from GMA News, March 14, 2012.


I myself gets terrified by these ASBU people whether in Makati, Pasay, Manila, etc. It is difficult to reason out with them. They flag you down for no sensible reason and  when you ask why, they say for "smoke test". See the various comments below, as well as in Parts 6, 5,... of this thread.


Below are some of the recent comments in this blog. Out of the nearly 1,900 articles in this blog, this post,  Anti-smoke belching Racket (January 17, 2011) has the most number of comments, 41. The Anti-Smoke Belching Racket, Part 2 (September 15, 2011) has 12 comments.

Friends and readers, can you help alert your friends in major media outlets like Imbestigador by Mike Enriquez, Isumbong mo kay Tulfo, etc., so they can help expose this continuing extortion and harassment of ordinary motorists by different ASBUs? Thank you.
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MGA MEDIA TULUNGAN NAMAN PO NINYO ANG MGA MALILIIN NATING KABABAYAN SIMPLE PROBLEM LANG NAMAN YAN KUMPARA SA MGA NANGYAYARI SA GOVERNMENT NGAYON MAY PA SPY-SPY. SALAMAT PO MGA MAHAL KONG TAGA MEDIA, MABUHAY PO KAYO. on Anti-smoke belching Racket
Anonymous,  on 2/12/15

MGA PARE KO ITUWID NAMAN NATIN KAHIT KONTI ANG MGA NASASAKUPAN NATIN OK LANG ANG RUMAKET PERO WAG NAMAN SAGABAL AT GARAPAL KAYO DIN BABALIK SA INYO YAN on Anti-smoke belching Racket
Anonymous,  on 2/12/15

Sa mga nakakataas na empleyado ng gobyerno ukol dito sa smoke belching kumilos naman po kayo maliit lang na suliranin ng mamayan ito nakaka abala sa kalye gumagawa ng traffic... nakakita na ba kayo ng hinuhuli ng smoke belcher ang sasakyan na wala namang usok at maiitim tapos may dumaan na sasakyan na ang baho na nang usok maitim pa ang usok hindi hinuli kung kayo kaya ang nakakita mataas na empleyado ng smoke belcher tatakpan nalang siguro ninyo ang ilong ninyo... ano po ba nasyon ninyo taga rito po ba kayo o taga magindanao din.... on Anti-smoke belching Racket
Anonymous,  on 2/12/15

talagang wala ng kwenta ang anti smoke belching natin kahit maayos ang sasakyan failed pa rin sa machine nila, bakit?. . .. . . dahil ang manchine nila ang palpak hindi naman accurate irebolution ba naman ng malakas di uusok katulad ng mga bunganga at bibig nila ng puno ng usok kabibibili ng sigarilyo dapat ang bibig nila ang testingin. . . pinepera nalang nila it's not the job ASBU concerned . . . napaka daming malalakas at mauusok na sasakyan hindi naman nila hinuhuli, bakit? mga pang pasahero lang walang perang pang lagay. . . hindi maganda sa lipunan yan marami na kaming kuha sa mga tao nyo na fake employee ng smoke belcher garapalan na kung ilalantad namin ito nakakahiya nanaman ang lipunan natin . . . ayusin nyo yan at alisin ang mga smoke belching sa kalye ayusin sa LTO at para walang smoke belcher. . . on Anti-smoke belching Racket
Anonymous,  on 2/12/15

i was about to post about the ASBU pasig team, but i was disappointed that i have read the same problem to complain, what is the ASBU action about this,, wala lang, ganun lang e patanggal nyo na ang site ninyo nakakasira lang ang servisyo publiko nyo sa mga tao nyo, walang problema sabihing nyong ginagawa nyo lang ang trabaho nyo pero sana gawin nyong tama at patas, ilang jeep ang dumadaan sa harapan nila at kulang nalang mangitim ng husto mga butas ng mga ilong ng mga asbu enforcer lalo na dyan malapit sa IPI hinuhuli ba nila hindi-yung alam nilang makakakolekkta sila yun ang titingnan nila regardless kung kahapon mo lang binili ang sasakyan-Kaya panawagan lang sa mga taga ASBU paki orient nyo mga tao nyo na maging patas kahit sa kanilang sasakyan gawin ang gingawa nila kung di sila aalma. maging patas lang. nakaksira kayo sa deparytamento at uniporme suot nyo. on Anti-Smoke Belching Racket, Part 2
Anonymous,  on 2/5/15

just so you know, the MAKATI ASBUs are back. on Anti Smoke Belching Racket, Part 6
Anonymous,  on 10/20/14

tangalin na ang walang ka kwenta kwentang raket na yan.. pinag kakaperahan lang namn d manghuli ng mga sasakyan na talgang mausok sa daan.. d yung sasakyan nila tapos aapakan ng todo para umusok kahit sino d papasa sa pinag-gagawa nila.. tapos pinaka mababang lagay 500 pa pag ayaw hayup sa mahal ng tubos.. on Anti-smoke belching Racket
markismai laquindanum,  on 4/30/14

sana ilabas ang guidelines sa pagcheck ng sasakyan sa smoke belching ang alam ko bawal sila umupo sa driver side at sila ang magrevolution ng makina mo kaya todo todo ang apak ng accelarator kaya walang papasa sasakyan maski na bago bili on Anti-Smoke Belching Racket, Part 3
virus,  on 2/10/14
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See also:
Anti-Smoke Belching Racket, Part 3, November 25, 2011
Anti-Smoke Belching Racket, Part 4, September 25, 2012

Anti-Smoke Belching Racket, Part 5, April 02, 2013

MMDA, LGUs and Towing Racket, November 26, 2012 

Wednesday, September 17, 2014

Anti Smoke Belching Racket, Part 6

My friend from UP, Rad Basa, was stopped yesterday by the Anti Smoke Belching Unit (ASBU)  of Pasay City while driving his diesel engine car. As in almost all stories of private motorists, his car "failed" the smoke emission test. The batting average of private vehicles in passing ASBU tests is generally zero, regardless of which city in Metro Manila. No one passes. Below is Rad's story, posted today in facebook. He gave me permission to post and blog this.
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It's a miracle!

Yesterday around 1 p.m., I became a victim of an ASBU (Anti Smoke Belching Unit) from the Pasay City LGU at EDSA-Rodriguez.

Profiling

The vehicle that I was operating was a Hyundai Starex with a diesel engine. It was not emitting any visible smoke yet I was pulled over for "testing". This is obviously apprehension without cause. I surmise that the only reason is that the vehicle has a diesel engine.

Improper Testing

I was asked to step out of the driver's seat so that they could conduct their "test". I chose to stand by the driver side door so I could monitor the RPM gauge but I was asked to step away from the vehicle. They revved the engine. It emitted black smoke as all diesel engines do when revved in a certain way and near its redline. Then they showed me the result of the test from their machine. It came out 9.66 way above the 3.5 regulated by law.

I did not believe this because the vehicle had just passed the emission test two months ago for its annual registration. But, there was no point arguing with them. I had no means to refute their claim. I surrendered my driver's license and opted for a ticket and went on my way to do a whole afternoon's worth of errands.

And, no, the buses and jeepneys that passed by that had very visible smoke coming out of their tail pipes did not get pulled over. Just the private diesel vehicles. The buses and jeepneys must have paid up beforehand.


Properly Tested

This morning, I brought the vehicle to an LTO accredited emissions testing center. It passed with a score of 0.83. Way below the regulated standard. There was nothing done to the vehicle. No repairs. No tune ups. No washing of the tail pipe. Jesus Christ's mechanic must have visited the vehicle in the night to fix a 9.66 into a 0.83!

The personnel at the emissions testing center think that the ASBU did not gradually rev and over-revved the engine to produce a high result. The ASBU did not follow the proper way to conduct an emission test.

Extortion

That's what it is. Extortion.
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Too bad for Rad, and many other private motorists who drive diesel engine vehicles (cars, vans, AUVs, trucks). He did not know the ASBU guys, only the one who issued him the ticket as these people do not wear IDs, or if they do, they hide it.

These ASBUs only flag down private diesel vehicles even if there are no obvious sights or signs of smoke belching. But they generally allow buses, jeepneys and tricycles that are obviously smoke belchers,  like these, photos I got from the web.


The ASBU in Makati was known  for large scale extortion  too. Last year, after receiving too  many complaints of extortion and improper testing procedures, Makati Mayor Junjun Binay deactivated the unit. But the ASBUs in Pasay, Pasig, Manila, QC, etc., they continue the racket, highway robbery. 

The ASBUs have legal basis for their indiscriminate and arbitrary apprehensions, the Clean Air Act of 1999 (Republic Act 8749). DENR + LGUs are among the implementing agencies. The corrupt and extortionists among LGUs see it as a big opportunity for extortion. The Mayors generally know that it is a tool for extortion but they allow it because these guys are among their political supporters, and somehow the fines from "smoke emission" give additional money to city halls. The fines are P1,000 for the First Offense, Second Offense, P3,000; and Third Offense, P5,000 and attend a seminar on pollution management. So somehow it is a decentralized, deliberate racket.

Rad added, 

Sure they have the Clean Air Act behind them but that does not mean they can abuse it and perform illegal apprehensions and perform improper testing.

Flagging diesel vehicles that do not visibly smoke belch to the side of the road just because they run on diesel is similar to flagging down Ferraris running below the speed limit just because they have the capacity to go over the speed limit. And then they perform the emissions test improperly, against the letter of the law. They even have a history of brand new, no plate yet, vehicles that failed.

So they violate the law twice to enforce a law.

More people should blog or make direct complaint against these ASBUs. If they notice, the Mayors included, that they are always on social media, they should be ashamed, hopefully. Like what happened to ASBU Makati. Until now they are still deactivated.
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See also:
Anti-Smoke Belching Racket, Part 2, September 15, 2011
Anti-Smoke Belching Racket, Part 3, November 25, 2011
Anti-Smoke Belching Racket, Part 4, September 25, 2012

Anti-Smoke Belching Racket, Part 5, April 02, 2013
MMDA, LGUs and Towing Racket, November 26, 2012

Tuesday, April 02, 2013

Anti-Smoke Belching Racket, Part 5

The Anti-Smoke Belching Units (ASBUs) of various city governments in Metro Manila are now among the modern highway robbers and road terrorists.

These photos I took last February 14, 2013, afternoon. I was riding an air-con bus and have a good, elevated view of the other side of Buendia, Makati CBD-bound.


These people flag down closed vans, AUVs and pick ups that run on diesel engines. They NEVER stop jeepneys or government (red plate) vehicles that also run on diesel engines.

Below are some troubling comments from ordinary motorists. The 5th comment, below, was made only this morning. People normally do not give their full name as they are helpless when confronted by a gang of those local bureaucrats who are "empowered by the law" to flag down and stop ordinary citizens from free travel, on arbitrary and flimsy reasons. These comments also serve as "tips" for motorists driving diesel engine cars, vans and pick ups.
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(1) Blog comment from Anonymous
January 18, 2013

true!!! SOBRA YANG MGA ASBU NA YAN.. SAKSI AKO SA SOBRANG PANGONGOTONG NG MGA YAN! brand new ang car namin, sportivo model 2010series at casa maintained pero yr 2011 hinuli kami ng mga yan along edsa buendia.galing kami sa funeral service non and bigla nila kmi pnatabi checking dw for anti smoke belching.. nagulat kami syempre dhil yung mga ksabayan nmin na d hamak nmn n grabe ang labas ng mga itim n usok d nman nila cnita,kami pa ang napag-tripan. 

iba cla, kung ano lang ang trip nila parahin as in alam n kc nila kung ano ang diesel car.. kya prepared na cla s dapt nila parahin..

tumabi kami at nakiusap s knila..kaka check up lng ng car at bagong change oil kya npka imposible nmn n smoke belching na yan. besides wla pa 1yr ang car since ng mngyari ang pnghuhuli nila/..

so d nila kmi pnancn,nkipagtalo pa ang partner ko s knila dhil nga ayaw nila kmi pakinggan..pnababa nila ang partner ko from the driver seat at inupuan ng isang naka itim n shirt na may ASBU print at tinapakan ng ubod ng tagal ang silinyador..

after non ang failed dw sa test nila.. so,binakbak nila ang plate nmin at sabi n tubusin dw s ofis nila s makati.. from der, pnagbayad kami ng 1500k.. at ang sabi ng mama n may hawak ng plate number named mr.danny ,kung gus2 daw nmin na wag na masita o ung masita man kami ulet better dw na i-renewed dw namin yung receipt worth 1k n lng pra juz incase masita yun nlng dw i-present namin..

imagine,pagkabayad nmin ng 1k,,.wala ng test test pa n ginawa sa car basta nilagyan n lng ng 1.sumtinig yung receipt na nagsasabi na passed na..

WHAT THE...!!! nANG KAKAPAL NG MGA MUKHA!!! grabe sa KOTONG MGA ASBU NA YAN.. 

at sa totoo lng until now madalas pa din kami pnapara ng mga yan jan s c5 naman..mdalas cla anjan lalo na pag wik ends..pero tinatakbuhan n lng tlga nmin cla.. PAPARAHIN ULET KAMI TAPOS ANO BAYAD NA NAMAN SA WALNG KAKWENTA KWENTANG PANGHUHULI-DAP NILA NA AN!!!SOBRA NAMAN KC.. DAPAT MAKARATING S KINAUUKULAN MGA GAWA NILNG GANYAN..


(2) Blog comment from Anonymous 
February 09, 2013 

Nabiktima rin ako kanina ng mga hayop na yan. bago lang sasakyan namin adventure gls sports diesel syempre ginawa ng mga walangya binomba ng binomba accelerator kya syempre sobra usok, thus bagsak ka sa test. ang kakapal ng mga mukha! dami na pala nagrereklamo dyan bakit pinagtatagal pa yan? and to think di naman kami kakanan papuntang makati, naghanap talaga sila ng mga sasakyang diesel para siguradong bagsak sa test dahil bobombahin nila ng todo! suma total kailangan kunin ang lisensya ng driver ko sa makati na 5 taon na kong di nagpupunta. ANG KAKAPAL NG MGA PAGMUMUKHA! It's more CORRUPT in the Philippines!

(3) ELLA ESLERA, Makati City

Posted in Philippine Daily Inquirer
February 18, 2013 at 12:51 am


Smoke emission test required every 2 months?


Barely two weeks before Christmas, my Cebu-based older brother was in Metro Manila on official business. To facilitate his travels, he borrowed my car, a 2005 Hyundai Starex, which is in tip-top condition as it is regularly maintained. While driving along Buendia (Gil Puyat Avenue) near Dian, he noticed about five private cars (AUV, pickup, other diesel-powered cars about 5-7 years old) lined up on the right side of the road with about four or five Makati traffic enforcers (in yellow and green uniform) talking to the drivers.

My brother was driving slowly, taking extra caution because buses were passing by the area, when traffic enforcers/officers waved for him to stop. He acceded and parked on the right side of the road totally perplexed as to what could have been his traffic violation. “Sir,  bakit  po? Ano  po  ang  violation  ko?” he asked one of the officers. “Nagpa-smoke emission test ka ba nito?” the officer replied. Knowing that my car is maintained well, my brother replied, “Opo, nung  huling  registration.”
The officer asked for the smoke emission certificate. When my brother showed it to him, the officer said the test had expired. My brother said how could it be, the smoke emission test was just done the previous September as part of the car’s registration process. The officer said that in Makati, smoke emission test is required every two months. My brother said he did not know of such requirement as he is from Cebu. Then the police officer said, “Naku papano ’yan, babaklasin na namin tong plaka.”
My poor brother was so shocked something like this could happen to him. Keeping his cool, my brother explained to the police officer his lack of awareness of the ruling and the seeming absence of announcements on this regard. He begged and pleaded with the officer to let him go. My brother’s angels must have been there watching over him because the officer gave back his driver’s license, though not after saying, “Sige eto na, ikaw na ang bahala.” My brother thanked the police officer and drove away thinking if what the officer meant with “ikaw na ang bahala” is the same as what you and I may be thinking. The thing is, my brother did not give in. He just went away after getting his driver’s license.
After hearing of this, I got so irritated, disappointed and upset, and questions hounded my mind. Is there really such a ruling? If there is, is it legal? Why did the officer stop my car, which was not emitting black smoke? Why were the officers only picking on private cars while leaving “untouched” buses that spew thick black smoke?
Though I do not drive my car to Makati every day, in this land of double and even triple taxation, a smoke emission test every other two months would be an additional big burden for us fixed-income earners who contribute a big chunk of our salaries to the government. I would like to bring these concerns to the attention of Mayor Junjun Binay, MMDA Chair Francis Tolentino and the LTO chief.

(4) Blog comment from Anonymous

March 16, 2013

suggestion lang sa mga asbu, huliin nyo na lang mga talagang smoke belcher, mag motor kayo sa kalye,dun kayo mag abang sa mga may stop light para mapansin nyo agad kung sino talaga dapat huliin. pag go ng signal light ay sure na mabubuking kung alin sa mga sasakyan ang dapat huliin. yun mga bus at jeep bakit di nyo sinisita. nakakaabala kayo eh.kayo kaya abala hin namin, ano kaya mararamdaman nyo?

(5) Blog comment from Alfred
April 02, 2013

kakahuli ko lang kahapon dito, lagi akong nakikipagpaptintero sa mga ito sa loob ng maraming taon dahil eto ang ruta ko tuwing pupunta ako sa manila at sa pasay, taga alabang kase ako at hindi maiiwasan dumaan sa magallanes bridge

anyway kahapon ko lang na experience na habulin ako dahil lagi ko tinatakbuhan ito, ang unang banat ko sa enforcer kung anong violation ko, napakayabang nung traffic enforcer bakit daw hindi ko sya tinigilan, sabi ko wala naman silang probable cause para iflagged down ko, sabi nya hindi daw kailangan ng probable cause kasi may operation daw sila, sabi ko hindi mo pwede i flagged down ang sasakyan ng walang probable cause, sabi nya kung gusto ko daw ng probable cause bumaba daw ako at itest namin ang sasakyan, sabi ko hindi probable cause ang tawag dun, may operation daw sila at pwede daw nila itest lahat ng dumadaan na sasakyan, sabi ko hindi pwede yung ganun, napakarami nya pang sinasabi hindi ko na iniitindi dahil halatang kung ano ano lang, naramdaman nya sigurong wala syang makukuha sa akin ang sabi nya lang gusto nya lang daw humingi ako ng pasensya dahil tinakbuhan ko sila, ako naman para matapos sabi ko ay "sorry na po sir" (parang syota lang) ayun sabi nya sa susunod daw na tumakbo ako ay tutuluyan nya na daw ako hulihin, sabi ko ay pasensya na ulit at umalis na ako

dadaan pa ba ako sa magallanes bridge? oo naman wala naman ako choice pero makikipag patintero pa rin ako sa kanila, ang diskarte dyan ay medyo slow down ka muna kasi ay lagi traffic dun para pag ikaw na ang dadaan ay maluwag na, tapos ay bigla harurot pag nandun ka na, medyo gigitna sila sa daan pero pag mabilis ka ay hindi sila gigitna

P300 ang minimum na suhol dito according sa mga kaibigan ko nahuli na din, kung delivery van/truck ka naman payag sila P100 lang

tanggal plaka/kuha lisensya pag hindi ka nagsuhol at dadalhin mo sa malapit sa makati fire station pati sasakyan mo para itest ulit nila na sigurado namang babagsak ulit at magbabayad ka ng extra fine ulit 

nagtataka ako student pa lang ako about 10 years ago panahon pa ng soon to be president ay meron na yan, pinagpatuloy lang ng anak ang hanapbuhay, pero kahit minsan ay never na imbestigador to or na tulfo, siguradong malakas ang head nila

anyway balik ako sa pakikipagpatintero sa kanila since wala naman ako choice, goodluck na lang sa iba. 
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See more comments here:
Anti-smoke belching Racket, January 17, 2011
Anti-Smoke Belching Racket, Part 2, September 15, 2011
Anti-Smoke Belching Racket, Part 3, November 25, 2011
Anti-Smoke Belching Racket, Part 4, September 25, 2012
MMDA, LGUs and Towing Racket, November 26, 2012

Tuesday, September 25, 2012

Anti-Smoke Belching Racket, Part 4

* This is my article today in the online magazine,
http://www.thelobbyist.biz/perspectives/less-gorvernment/1355-anti-smoke-belching-harassment-
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More government regulations and prohibitions coupled with bad governance in the country almost always result in more corruption. When government officials and personnel are given more power to restrict and prohibit certain human and economic activities unless those activities are  able to secure first certain permits or certifications, the temptation to bureaucratize and tighten the requirements is high.
In land transportation, the number of regulations and prohibitions to use and drive one’s vehicle is getting longer. Here are the prominent ones.
1.    A vehicle must undergo motor vehicle registration annually with the Land Transportation Office (LTO);
2.    Vehicle must take smoke emission test before it will be registered.
3.    Driver must have a valid license.
4.    Driver must take illegal drug use test before getting a license.
5.    Vehicle cannot be used or driven in Metro Manila on “number coding” day from 7am to 7pm one day a week, except on “open window” from 10am to 3pm, but not all cities recognize this window.
6.    Vehicle must “pass” random test by anti-smoke belching units (ASBU) of the MMDA and/or local governments
There are fines and penalties, up to impounding of a vehicle, if any or all of the above prohibitions are violated and the driver is caught.

The anti-smoke belching test has been among the most abused policies by several local governments. A van, pick up, car, truck, especially old-looking and running on diesel, is stopped from going to its destination by ASBUs and forced to undergo anti-smoke belching test, even if there is no clear or obvious proof of dark smoke. 

I took these photos last September 12, 2012 in Buendia, Makati City. Usually about a dozen men would randomly stop a vehicle and force it to be tested for high smoke emission.
From the various testimonies and comments that I have read, almost no one would pass those tests by the ASBUs. The easiest way to avoid being penalized including removing the vehicle plate, according to several motorists who have experienced this kind of harassment, is to pay those ASBUs a certain amount of money.

When those ASBUs by local governments flag down and stop vehicles, they are in effect saying that "We do not care if your trip is important or not, we think your vehicle is a smoke-belcher. You must disprove that by passing our smoke emission test." This is passing the burden of proof on the vehicle owners and drivers, instead of the government showing the burden of proof first, before it can flag down and stop vehicles. 

A similar analogy would be like this. Government officials and/or police can stop anyone walking in the street whose face they may not like and say, "We think you are a theft or a criminal. In order to disprove that, you should pass our lie detector test first before you can go."


In a free society, this should not be the case. In the absence of any initial or leading evidence,  government has no right to stop and harass the citizens. Government should have the burden of  proof and explain to the citizens why they are stopping them.

Below are some photos of real smoke belchers, I took them from various sources in the web. Most of those foul emitters are public vehicles – buses, jeepneys and tricycles, Note that among  such foul emitters are MMDA/other government vehicles themselves.
In order to dispel public perception that those ASB tests are for real and not for extortion, the government should assume the burden of proof in accusing or suspecting certain vehicles as smoke belchers. 

For instance, ASBU guys stand in one intersection and take photos of vehicles which are obviously smoke belchers. Then communicate the information to the other ASBU guys ahead, to stop those vehicles for smoke emission test. This way, only a few motorists and their passengers will be inconvenienced. 

Hoping that the Department of Environment and Natural Resources (DENR), the Metro Manila Development Authority (MMDA), and the various cities in Metro Manila and their respective ASBUs will take this proposal constructively.  Government personnel should not further harass the ordinary citizens and motorists as they are the taxpayers who pay for the salaries, allowances, bonuses, travels, vehicles, and other perks of those working in government.

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See also
Anti-smoke belching Racket, January 17, 2011
Anti-Smoke Belching Racket, Part 2, September 15, 2011
Anti-Smoke Belching Racket, Part 3, November 25, 2011

Friday, November 25, 2011

Anti-Smoke Belching Racket, Part 3

After I posted  Anti-Smoke Belching Racket, Part 2 last September 15, 2011, it attracted several comments from more motorists. Today, I chanced upon these two additional stories:

(1) http://www.qatarliving.com/node/1266249

Anti-Smoke Belching Unit in Makati: Just to share

Submitted by Lovable40 on Fri, 20/08/2010 - 5:39am General

Last 17 Aug, I was driving my L300 from Marikina going to Makati via the C-5 road to visit my investment. I am going to turn right via Kalayaan Road after the Pasig Bridge. Pagkaliko ko, there where a variety of kababayans wearing yellow shirts with City of Makati ASBU printed on their shirt with ages varying from mid 20s to retirable age. Yung pinakamatanda ang pumara sa amin. "Smoke Emmision Test" daw sabi ni Tatang. So sabi ko, OK lang since BIO-diesel ang gamit ko from SEAOIL at kapapatune-up ko pa lang. So I alighted down and went to see their "machine" for testing. To my horror, super luma na! Di na mabasa ang LEDs. Yung hose na ginamit e napakarami ng electrical tape na nakabalot. Yung box e yari sa kahoy na makikita mo pa ang pagkakapako. Mukhang yung original box e nasira na ng panahon.

Kinausap ko yung grupo. Ask ko kung ano ang kanilang sinusukat. SMOKE daw sabi nung isa. Ask uli ako, anong klaseng GAS ang inyong sinusukat. Walang sumagot. Inulit ko, Carbon monoxide? Nitrous Oxide? Tumango na lang. Ask uli ako, ano'ng unit ang gamit nyo? parts per million (ppm) or percentage (%). Bigla akong iniwanan. Doon ko napagtanto na di nila alam ang kanilang ginagawa. Napag-alaman ko na ppm pala base sa print-out na lumabas. 4.4 ppm ang resulta ng sa akin at ang allowable DAW ay 2.5. So as per the City of Makati Ordinance e tatanggalin nila ang front plate ko. I said, ANOH!!!". E di pag ginawa nila yan, bago ako makarating sa Makati Ave e napakarami na ng pulis na haharang sa amin at titiketan na naman ako. Masyadong maraming abala! Late na ako dahil, lifted na yung truck-ban at gusto pa e tubusin ko sa may Ayala Ave and pay the 1,000 pesos fine. I was in between 2 difficult choices, should I be as honest to myself, deal with it and be like my elected President Noynoy with a battle cry of KUNG WALANG CORRUPT .... or should I talk may out, corrupt the guy and not be late with my very important appointment? I've chosen the latter and gave Tatang 500 pesos.

Honestly, as much as I don't want to do this maraming lakad ko ang masasayang. Ang mas kiniinisan ko, bakit yung ibang DIESEL driven Jeepneys ng Pateros, Pasig, Taguig, Guadalupe na nagbubuga ng maiitim na usok, na bumabaybay sa kahabaan ng Makati e di pinapara? Hay, what a day! Balak ko ngang isumbong sa XXX e. I still have 3 weeks here and hopefully I won't encounter such thing. Dinala ko na ang van ko for another check-up ... gastos na naman.
Sorry sa haba ng story ... I just want to share kasi baka maka-encounter kayo ng mga katul;ad nito...

Meron pa akong link na nakita while (still) looking for the alllowable emmmision. It was posted way back 2009

(2) http://www.betterphilippines.com/corruption/highway-robbery-along-commonwealth-avenue/

Highway Robbery Along Commonwealth Avenue
Written by bp on May 5, 2009 · 5 Comments

I was on my way to the office today when the bus I was riding was stopped by a group of men along Commonwealth Avenue in Quezon City. They were unarmed but you could immediately tell that they were up to no good.

True enough after that encounter the bus driver and conductor were P200 poorer. Sounds like highway robbery, doesn’t it?

The group we encountered was running an anti-smoke belching operation so they had every authority to flag us down. But instead of carrying out what they were mandated to do they turned their whole operation into a money-making scheme.

I know money changed hands because I saw it as it happened. I was sitting at the front row and as I peered through the window I saw the bus conductor giving P200 to one of the team members.

It was quite a funny sight actually. The man who flagged us down was acting all indignant because the bus driver, who remained glued to his seat, refused to hand over his vehicle registration. So he went on to admonish the bus driver. But as he was delivering his sermon he was also stealthily reaching out for the conductor’s hand, which held two tightly folded P100 bills.

What a funny charade I thought. It was really funny I failed to stop myself from laughing and blurting out, “ayos na, merienda na.” The clown even heard what I said. As he walked away he flashed me a toothless smile not even his own mother would appreciate.

Now, I’m left wondering again if calls for personal change would even work on people like these.
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About three weeks ago, I brought my wife to her office at the Asian Institute of Management (AIM) in Paseo de Roxas, Makati, my 5 years old daughter was with me, then I turned right at Pasay Road. Not far from the intersection, I was flagged down by many "men in black" shirts, again, the Anti-Smoke Belching Unit (ASBU) of Makati city hall. They wanted me to go to the right side, I stayed on the inner lane and asked them what's the problem. They said "smoke emission test", I said "Bossing mali-late na ito sa klase ang bata" (my daughter will be late in her school), somehow children can evoke a soft heart among these bureaucrats, and they let me go. And flagged down other old-looking diesel vehicles behind me.

The Makati ASBU used to be in Buendia, one time along Metropolitan Ave. behind Mapua-Makati campus (ie, at the back of Buendia).

Pasay ASBU would also be in Buendia, Pasay after crossing Taft-LRT. Or they may be at Buendia-Roxas Blvd intersection, under the flyover. It's difficult to reason out to these guys as there are plenty of them. And since their intention is really to make your vehicle "Fail" their emission test and get money from you, via extortion or fine at the city hall, you'll be helpless.

This morning, a lawyer friend posted in his facebook wall, "There is a creeping inflation lurking behind all the big news....didn't you notice?"

I commented the following:

  • Nonoy Oplas 

    Cost of transporting vegetables, pork, fish, other food and drink items, moving people, other goods and services, are rising, not only because of rising fuel prices, but also because of various govt extortions: anti-smoke belching, various traffic "violations" even for the most inane reasons, etc. And those endless borrowings by the govt, endless taxes to finance those borrowings. And govt is supposed to provide "macroeconomic stability".



  • Nonoy Oplas That's why I seldom drive my old pick up, it's 15 yrs old this month, unless I drive the kids. The ASBU guys from makati, pasay, qc other cities are ALL salivating at the P1,500 fine for 'not passing" their smoke emission test which, unless you pay them, your car will fail 100%. They are among the road terrorists and they are our "public servants".
  •  A friend who is a driver of a food delivery van for a restaurant chain told me they have a P100 allowance for those ASBUs to avoid delay and bureaucracies. So if they are flagged down 5x a day as they move from one city to another, that's about P500 per day of extortion money, and resto owners have to pass that additional cost to the consumers. And we feel that "creeping inflation" somehow.

  • Luie  Boss, are you saying therefore that there are more of these extortions now than before, which is reflected in the "inflation"? Or was the extortions before cheaper than they are now?


  • Nonoy Oplas 

    I think there are more these days than before. The number of govt employees, especially in local govts, are expanding like termites, Since may of them produce zero/little productive activity, only regulations and prohibitions, and they need to eat along with their families and friends, they need to create more prohibitions and "violations" so that people will pay more to them. Here in makati for instance, they are plenty of NOs and DONTs. "No jaywalking" or "no loading/unloading here, go to the next block" and lots of fines. And yet they say that people should commute, should walk, to "save energy, to save the planet" and they make it hard and costly for people to cross streets.

  • Another practice by local traffic "enforcers" in many LGUs here in Metro Manila, they prohibit left turn or U-turn in some streets even at night time or holidays or days where there is no traffic congestion. So motorists have to go to far away corners and streets where traffic sometimes is bad. This forces some motorists to take a chance and make that U-turn or left-turn when they think the enforcers are nowhere, only to find out that they are hiding. So a taxi driver for instance who is apprehended for this scam has to pay P500 to P1,000 to city hall if he chooses not to bribe, or pay P100 or more. This reduction in the income of the cab driver he must get from passengers, that is why "kontrata" or higher tip is sounded off to taxi passengers before they go. Which raises the cost of transpo of ordinary commuters, and we feel somehow that "creeping inflation."
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See also
Anti-smoke belching Racket, January 17, 2011

Thursday, September 15, 2011

Anti-Smoke Belching Racket, Part 2

My earlier posting, Anti-smoke belching Racket last January 17, 2011, has attracted a number of serious and sometimes worrying concerns of ever-spreading extortion in government. I will enumerate shortened comments from that blog post:

1. bilko:

I also had this experience. Will be watching out for your update. I will be picking up my license tomorrow. This will not end well.

2. kaleidoscope:
I pity the drivers who get flagged down by ASBU people. i always see them everyday along C5 and Makati. I havent seen any Public Document posted about this ordinance and operating procedure to make it clear to the motorist how apprehension and testing should be done. There should be a clear regulation how to implement this and every ASBU unit should be required to show it. everytime they "test" your vehicle they rev it more than 3K rpm which will definitely smoke any engine old or new.

3. kaleidoscope:
my driver was flagged down while driving a 2007 model pickup.the ASBU guys stepped on the pedal at more than 3K rpm which caused the engine to smoke. this cost us 1K and hours just to go there and claim the car plate. this is a stupid ordinance since they are not flagging down public vehicles which are very obvious smoke belchers, and who regularly ply the streets of a particular city. this practice should be stopped first and the public should be made aware how this is to be done properly.

4. Anonymous:
Pinara kami ng asbu last week sa metro manila tapos tinanong ko ang tamang procedure sagot nila dami ko tanong, FYI wala silang ID kasi volunteers lang daw sila. they run the test lumabas 9.98 tapos tinanong ko pano yun computation ng machine bakit ang dami kong tanong eh yan ang lumabas sa machine, sabi ko i will report this to the media and take some of thier photos bec. thier not wearing IDs nagalit sila. i even tried to get one of thier names but they resist to give. paano po magiging credible yun mga test na ginawa nila kung sila walang id at hindi alam yun procedure at walang transparency. Then we headed to DPS manila shocking to see the people who organizing the ASBU WERE EX POLICEMEN and mukhang goons, we argue about the ticket still they called us bastos for threatening them to the media. the following day we complained it to the mayors office and talked to the chief of DPS, he said next time pag nahuli kayo paki usapan nyo na lang at wag na kayo mag argue or kunin mo na lang sakin plate number mo. I still ask him SIR pano po ba yun procedure. he answered eh yan ang lumabas sa machine while smiling.

5. Anonymous:
I am a visitor from Calfornia to this country and was riding with my brother in law when we were flagged down by two men in a yellow shirts and demanded that our vehicle be check for emission. The car was registered in laguna and have been certified by LTO having passed the smog but thi sarrogant asshole insisted that they test the vehicle which we comply, but of course they have rigged the device in order for you not to pass, to make a long story short, they were asking a so called fee to resolve the problem, my brother in law being familiar with the government system hand out a 500 pesos to the guy, but we overheard the other lady telling the guy it needs to be 1000 or they will remove the plate from my brother in law car.

6. Anonymous:
Today August 16, 2011, 1:30PM, I was flagged down along C-5 Kalayaan crossing by Makati ASBU. My vehicle failed the emmission test. I was given two choices, surrender my license or one of the plates to be "tubos" in Makati Central Fire Department, Ayala. Two very young guys approached me with the result of the emission test and the blank violation ticket. I said I need to fix my immigration to Canada requirements and I have deadline to meet. The eyes of the idiots rolled and saw money in my face!! ALFIE BINARAO came and asked me to discuss my OPTIONS off the car since my whole family was inside and they would hear the kotongan. BINARAO told me that it would be a great hassle to me if he would take my plate off or I would claim my license. Do I want to pay P1,300 with receipt from Central Fire Station or.... BINARAO wanted me to continue the line. Pwede na ba P300? "Sir, may result na kasi eh. Kami ng mga kasama ko ang mag aabono nyan... E kung sa gitna na lang po tayo" I said P500? "Opo, ok na yun", said BINARAO. Then off I went. Bata pa ang mga taong ito ang huhusay na mangotong. At ang gagaling ng strategy nila. They are a team of gangsters in uniform extorting money from motorists and depriving Makati City of Revenues. Sana lang hindi bingi si Mayor Binay.

7. Anonymous:
we also had this experience in roxas blvd. and yeah, they select old vehicles and its irritating specially when you see buses around which emits more smoke than your vehicle. and just a couple of weeks after we reclaim our plates back and pass the test, we were flagged down again, this time in c5. i really wish their modus will be stopped. kawawa ang mga tao. who knows, baka its a matter of life and death yung lakad ng tao kaya sya bumyahe tapos huhulihin lang ng mga yan.

8. Anonymous:
Same thing happened to us, twice, the latest incident was yesterday..
We were flagged down by ASBU people along Edsa Ayala. Like all of the people here, we failed the emission test that they conducted on our vehicle and it gave a result of 9.9, when our car really doesn't emit dark smoke and had just been tested a few months ago when it was registered. So we were being asked to pay 1000 pesos or have our plate number confiscated, we bargained and agreed on paying 500 instead, but the guy told us that the 500 we were paying was just for them to allow us to go and does not guarantee that we will not be flagged down again in the next days. He was encouraging us to buy a piece of paper which says "SMOKE EMISSION TEST PASSED" and it costs 300 pesos. According to him, this paper will be an assurance that we will not be flagged down again for the next 3 months but needs to be renewed after the 3 month validity period which means you will have to pay 300 pesos again. He kept on threatening us that we will be flagged down again and the 500 pesos which we gave him today will just come to waste if we did not buy the paper from him.. But we insisted that we did not have anymore money to give and so he said we can call him next time we decide on buying the paper and gave us his contact number. This person's name was ROBERTO LOPEZ from the MAKATI ASBU.
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Meanwhile, here are more stories from other sites:

1. quality1st, Mar 12 2010, 07:16 AM, on Pasig City ASBU

I forgot to include during the On the spot Smoke test when they flagged down,my driver was at the drivers seat while they inserted the probe. My driver was the one revving the engine low to high, the technician seeing no smoke, asked his companion "ikaw nga dun" they the guy according to my driver revved the engine steeped on the pedal like a sewing machine, with the sound of the engine like 6000 to 6500 rpm. With the way they test like making the engine wild, makakasira pa sila ng engine. Then the tape receipt results indicate that maximum RPM performed was 3000rpm only.

2. rda14 Mar 13 2010, 08:07 AM
http://4x4ph.com/forum/index.php?showtopic=76312&pid=242840&mode=threaded&start=#entry242840

i had the same experience last february on my way to pasay, i passed by c5 turned right at kalayaan avenue going to edsa. i was flagged down just as i made the turn towards kalayaan avenue. my vehicle is a nissan frontier 4x4 2000 model. i know hindi ito smoke belcher so confident ako that i would pass the test. when they stepped in the vehicle and revved the engine whoah black smoke came out of my trucks exhaust, umabot ata ng 4000rpm. i told the personnel "bakit nyo po biglang inaapakan yung pedal sigurado pong masasakal yang makina at uusok po yan" and he replied "hindi mausok talaga sasakyan nyo". i told him when i drive hanggang 2000rpm lang ako 2500 max. "mausok talaga sir" i did not bother to argue and just told him magkano ba para pumasa, "P200 sir" was his reply. paid the P200 and went on my way. just sad that people like us who take good care of our vehicles get victimized by these people.

3. linds Mar 13 2010, 07:08 PM
http://4x4ph.com/forum/index.php?showtopic=76312&pid=242929&mode=threaded&start=#entry242929

ganyan din dito QC sinabihan nako ng kaibigan working sa city hall... pag ayaw nila pumasa unit mo papahirapan ka talaga!
kahit maayos makina mo pag wala lagay...lagot ka!

4. hubakon posted Jul 27, 2010 | views: 39 | Tags: MAKATI ASBU Smoke Belching Unit
http://hubakon.soulcast.com/489590/Makati-Anti-Smoke-Belching-Unit-ASBU

I have been stopped once driving a 2.5 year old diesel AUV under the Magallenes fly-over. I was a bit surprised considering my vehicles age and the strict compliance to manufacturer maintenance plans. (i.e. change oil blah blah every 5k)

Guess what? I failed the test, officers or more like hooligans did very high revs until smoke came out. Hooligans took plate off and asked to me to claim from makati office after paying the thousand plus penalties. He said I was a nice guy for not screaming, so I want might want to do a deal with him to avoid the penalties. ( I said fuck off)

Annoyed by the situation because;
Car is properly maintained yet failed.
Car has extremely low mileage.
Can I chase Mitsubishi for this? (yeah right!)

Next day, I had the car tested by one of the LTO ACCREDITED emission testing centers near LTO Makati and passed. So here are my questions;

Why is there an ASBU?
Do we completely distrust the LTO results?
Does anyone check if these guys truly know what they are doing?
How come two different outcomes? ( I have the results and receipts with me)
Is this incompetence (LTO) being compounded by another incompetence (ASBU)?
Does the supervisor of the ASBU realize that they are causing huge traffic in the south super highway, because of the restricted flow of traffic?
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By flagging down vehicles, especially older ones, the local governments via their ASBUs, are accusing these vehicles and their drivers/owners that "We do not care if your trip is important or not, but we think that your vehicle is a smoke-belcher. In order to disprove that, you must pass our smoke test first before you can proceed."

This is passing the burden of proof on the vehicle owners and drivers, instead of the government showing the burden of proof first, before it can flag down and stop vehicles. The analogy is like this. Government people can stop anyone walking in the street whose face they may not like and say, "We think you are a theft or a murderer. In order to disprove that, you should pass our lie detector test first before you can go."

In a free society, this should not be the case. In the absence of any preliminary data or proof of any accusation, government has no right to stop and harass the citizens. Government should show that preliminary data or proof first and explain to the citizens why they are stopping them.

One way to do this, is for some government ASBU staff to stand up in one intersection and take pictures of those vehicles which are obviously smoke belchers. Take photos, then communicate to the other ASBU staff ahead, to stop that vehicle for smoke emission testing. This way, government has reason to stop those suspected smoke-belching vehicles because they have proof and photos to show as reason for obstructing the free movement of people.

But this is not the case, as narrated by the above testimonies. Many of them are signing as "Anonymous"; I think they are scared of another round of harassment. Government has the record of all registered vehicles and their owners and their addresses. The ASBUs have their additional database of the vehicles that they have apprehended in the past.

Calling the Department of Environment and Natural Resources (DENR), the main implementing agency of the Clean Air Act, in association with the Metro Manila Development Authority (MMDA) and the various cities in Metro Manila and their respective ASBUs. Do not harass ordinary citizens, WE are the taxpayers who pay for your salaries, allowances, bonuses, travels, vehicles, and other perks. We already parted with our hard-earned money for those taxes, do not extract or extort more money from us out of those questionable anti-smoke belching practices.

Readers, please leave more comments of your observations, experience and ideas of the above narration and discussion.

Thank you.

Monday, January 17, 2011

Anti-smoke belching Racket

The various anti-smoke belching campaign by the MMDA and local governments is a good move if done without exception. Meaning all vehicles -- public and private, old and new vehicles, should be covered. They should not selectively choose and flag down old vehicles (like mine) while letting go and not disturbing newer vehicles or government vehicles.

Last week, Makati city government's anti-smoke belching unit (ASBU) flagged me down while I was driving my daughter from her school, at Metropolitan ave. near the Ospital ng Makati (OsMak) emergency unit. I stopped and asked them why. They asked, "taga Media kayo?" because they saw the sticker of "People's Brigada News" in my front glass. I said "Yes" and then they signaled me to just move ahead.

This morning, the same unit flagged me down, same place. It's my route everyday as I pick up my daughter from her school, except Tuesday which is my "number coding" day, or day where all vehicles with plate numbers ending 3 and 4, are banned from the streets from 7am to 7pm. Again, I asked "why?". They said "smoke belching test", then I said "my daughter is sick, she needs to go home and rest." Then they allowed me again to proceed.

It is irritating to be flagged down knowing that they selectively chose your car because it is old. Here's a picture of Makati ASBU which flagged down an old vehicle with car plate starting with letter C, meaning it is registered in a province in Region 3 (Central Luzon). The ASBU were positioned in Buendia, now Sen. Gil Puyat ave, Makati.

The mere act of flagging down only older vehicles, delivery trucks and vans, public vehicles, but exempting government vehicles even if they are also old and obvious smoke belchers, or other private vehicles with some "code" that these are owned by some government personnel, makes the campaign a potential tool for extortion.

A delivery truck was also flagged down on that day. A friend who is a driver for a restaurant company told me that they have an allowance of P100 to give to thsoe anti-smoke belching personnel so they will allow him and his food delivery to proceed without further delay.

While checking other stories about these ASBUs in Metro Manila, I saw this story by one motorist from a 4x4 Philippines online. The writer, "quality1st", wrote last March 11, 2010, http://4x4ph.com/forum/lofiversion/index.php/t76312.html:

My diesel Service utility truck a 4 wheeler was flagged down. My driver called me thru cellphone that they were flagged down. I usually tell my driver to ask the ASBU technician to look at the exhaust pipe while my driver revs on the engine low to high rev, and (technician) see for himself if he still wants to test it since visually there is really very very minimal smoke or non at all and go thru the hassle or just go look for another motorist. It usually works in the Makati ASBU under the Magallanes interchange.

What bugs me is that the Pasig ASBU still wanted to test the vehicle, I told the technician thru cell, that the vehicle was just registered less than a month, and had smoke test exam, with flying colors just above 2 opacity, passing is 5 or 6 I think. The technician was presented with the official receipt, registration, and smoke exam, the technician told me "aanhin ko yan" i exam dapat ito. I told him hindi ba valid ang exam for 2 or 3 months kaka register lang nito. No exam pa din sabi niya. I said ok since I just changed oil,filters, exhaust cleaning, and a recent exam during registration is a little above 2 opacity, I agreed.

Bagsak daw ater the exam, 8.5, I said how can that be? Plates confiscated is the next thing that irritated me.

When the truck arrived at my garage, I asked my driver to rev the engine, there was really no amount of smoke that can fail a smoke test that is visually, anyway I asked my driver to clean the exhaust because that is all we can do since everything has been done less than 20 days ago.

The next day, to claim the plate an exam has to be performed again, test probe inserted, the reading was 9.5.

I was shocked at the news of my driver with the results tumaas pa ngayon!

the tech said ibalik mo na lang bukas yan.

During this exam my driver noticed that a lot of other drivers are on the side commenting wala kang pag asa dito, dapat may naka ipit na isang daan sa gas pedal para pumasa yan.

the next day my driver followed the advice, and the reading is 2 opacity, it passed. then paid the P1350 penalty plus exam, and we got the plate no. back.

The last exam was the real opacity of my vehicle. I had doubts about the Pasig City ASBU motives and apparatus, I was thinking of having a smoke test at the Makati City ASBU, but Pasig City won't accept the clearance from another test center .

From the 9 opacity to 2 opacity exam I didn't do anything even clean the exhaust because wala na akong magagawa the exhaust was really very clean just like before the flagdown.

My driver said they flagdown a lot of motorists, I wonder how corrupt is the Pasig ASBU? The machines they use to test seems adjustable to their calibration. They should be investigated and test machines checked!


I will try to compile more materials on this so-called "anti-smoke belching campaign" and the extortion practices as I personally experience this kind of harassment. I also clean my diesel pick-up's exhaust regularly, in case some hard-headed ASBU "public servants" will really test my vehicle someday.

So, consider this as "Part 1" of another discussion series in this blog.