Showing posts with label Makati police. Show all posts
Showing posts with label Makati police. Show all posts

Friday, May 29, 2015

BWorld 4, Public Transport, Colorum Vans and MAPSA

* This is my article today in BusinessWorld Weekender.
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METRO MANILA keeps expanding, in terms of rising volume and number of vehicles, malls, shops, residential and office buildings, schools and universities. Public transportation is a big problem both for people who live in the metropolis and those who live in the neighboring provinces.

While there are thousands of buses and three MRT/LRT train network existing and more are being planned, plus the proposed introduction of the bus rapid transport (BRT), they are not sufficient.

And even assuming for the sake of argument that the BRT and extended MRT/LRT are already in place, people still have to take multiple rides to reach their destinations. In particular, those who live in Las Piñas-Parañaque or Fairview/QC areas.

Here is what they will go through if they take the public transport system, one-way.

(1) Ride tricycle from the village/subdivision to secondary or primary roads;
(2) Ride jeep or bus to MRT/LRT/BRT station;
(3) Ride train/BRT to Makati or Ortigas or Manila, endure getting squeezed inside the trains or buses;
(4) Ride jeepney or van to final destination.

Four rides from house to office one-way, or three rides if #1 or #2 is eliminated. Going back home, another three or four rides in reverse sequence. If one is wearing corporate attire, and/or carrying a laptop and important documents and big cash, would he leave the car at home and endure the above 6-8 rides a day, 5 days a week?

Some would say Yes, but many middle class and rich people would say No. And that is why many people bring their cars or motorcycles everyday and endure the traffic congestion, limited and expensive parking, just to maintain their poise, or at least not be exposed to bus holdups and snatching in the streets.

And this makes public transportation very inconvenient, costly, and time-consuming. Riding a tricycle alone in formal or corporate attire looks unglamorous. And it is worse during the rainy season. The combined fare of those 6-8 rides a day would be equivalent to, if not higher than, buying fuel for the car. And that is why a “carless city” -- the next pioneering idea of city-living that is now the aspiration in Europe -- seems a far-out vision.

Another proposal made by various sectors is to have more bike lanes and encourage people to ride bicycles. It looks and sounds fine, but not everyone is physically fit to ride a bicycle. Or people are not willing to endure direct sunlight and smoke pollution from jeepneys and buses, or endure the rains and floods during the wet season.

There is an existing alternative to (a) multiple rides a day, (b) driving one’s car or motorcycle, and (c) riding bicycles -- the air-con vans.

They ferry passengers from residential areas to different destinations, particularly Makati, Manila, Ortigas, Fort Bonifacio, and other major commercial and business districts (CBDs). With just one ride, at most two, instead of three or four rides.

‘COLORUM’
One problem here is that getting a franchise for legal operation is very bureaucratic and costly. A friend who operates and drives a van told me that a franchise legally should be less than P50,000 total. But with bureaucratic procedures, it goes up to P200,000 to P300,000 per unit.

Check out, for instance, an online store of van franchises here.

With such high cost of getting a franchise, many van operators resort to the illegal operation known as “colorum.”

The same friend of mine who used to drive a colorum van for several years but now legal, told me the following, based on his experience.

One, for “colorum” operators, savings from getting a legal franchise is reserved as bribes to certain traffic enforcers. He said that the highest bribe he paid a few years ago was P1,500 for a first offense. Drivers avoid apprehension but sometimes they like to be apprehended because they get to befriend the authority. Next time they will not be apprehended. But traffic officers need some “karinyo,” token gifts like a bottle of alcohol worth P300-500 on their birthdays.

Two, these “colorum” operators cite four agencies they avoid: the Land Transportation Franchising and Regulatory Board (LTFRB), the Land Transportation Office (LTO), the Metro Manila Development Authority-Highway Patrol Group (MMDA-HPG), and LGU traffic enforcers.

And three, with the higher P200,000 fine for the colorum vans, bribes are now said to range between P3,000 and P6,000, or even more for a first-time offense. But if it’s a joint operation by those assorted enforcers with the media in tow, then, no mercy, the P200,000 fine will be slapped.

My office is on Buendia Avenue, Makati City, not far from the Ayala intersection. Every morning on weekdays, I see white vans unloading passengers in front of a building where I know a former senator lives.

These passengers would then walk to Ayala or Buendia, although some would ride a jeepney heading toward Ayala. I would assume that many of these vans are considered “colorum.”

While these vans were mostly tolerated in previous months, I noticed that over the past two weeks, there were frequent, sometimes daily, apprehensions by officers identified with the Makati Public Safety Authority (MAPSA) who would then issue tickets to these drivers.

Last Tuesday, May 26, I took photos of some of these MAPSA officers as they were issuing tickets to the van drivers. One officer, Rizaldo Capricho, did not like it, and soon he approached me and started arguing with me, saying I had no right to take photos of them without their permission. A Makati policeman dragged me to a van and I was brought to the Makati central police station.

There is no law in the country prohibiting people from taking photos of public officers in public places. There was no cause or justification for bringing me to the Makati CPS, and yet I was there. They could not file any charge against me, so I was out after about 25 minutes.

While it is the DoTC’s LTFRB policies that must be changed, to encourage and not restrict the expansion of legal air-con vans by reducing the cost and time of getting a franchise, I think LGU offices like MAPSA should be more considerate of those vans. They make no crimes, they render public service by bringing passengers to their destinations in just one or two rides, instead of the punishing three to four rides. The passengers are employees or clients of banks and other offices in Makati who pay various taxes and fees every year to the city government. These passengers are the very people who man the engine that is the Philippine economy.

To help address the daily traffic congestion and inconvenient public transportation system in Metro Manila, the DoTC’s LTFRB and LTO, the MMDA and the various city governments should learn to step back from often high-handed and bureaucratic procedures in giving legal permits to enterprises like air-con vans. Less cars on the roads, less harassed passengers mean higher work productivity and longer work hours. Which are translated to more economic activities, more job creation for the people of Metro Manila. The various national and local government offices also benefit in the form of higher business tax revenues.
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 See also: 
BWorld 1, PH Economy and Politics, Is there a Disconnection? April 24, 2015 
BWorld 2, Benefits of Trade Liberalization for the Philippines, May 16, 2015 

Thursday, May 28, 2015

On Taking Photos of Government Personnel and MAPSA

Last Tuesday morning, I saw vans being apprehended by some Makati Public Safety Authority (MAPSA) officers behind Phil. Axa Life building in Malugay St. Makati city. I took some photos with my mobile phone of those apprehended vans and some MAPSA officers issuing tickets to the drivers of the vans.

(These photos taken earlier, same area)

Then one MAPSA officer, Rizaldo O. Capricho, came to me and prevented me from walking further and asked why I took photos, adding that I have no right to take his photos without his permission. I said that if he does not like being photographed, I can delete the photos in front of him. He said No, I should not delete and I should go with him to the Makati Central Police Station (CPS), about 200 meters away. I said he was harassing me, preventing me from going to my destination, he said No, and that I must explain myself to the police station. Then he called his fellow MAPSA officer to ask for a policeman to come. I tried to walk further but he would block me.  Clear harassment.

Later, Police Officer Ramirez came and suggested that I must go with Capricho to Makati CPS. I said fine, but I must call first some lawyer friends. Ramirez said “sa presinto ka na magpaliwanag” and dragged me to a van, I think one of the apprehended vans. I got in, along with officer Capricho. While inside the van, I was able to talk to my friend, Atty. Jim Asuncion, he explained to me that taking photos of government personnel  is not a crime, I can file a counter charge later if I want.

At the Makati CPS, Investigation Division, I asked him and the police officers there, what law, a Republic Act or Presidential Decree, etc. that prohibits citizens from taking photos of government personnel while they are doing their duties. Capricho and the police officers there cannot cite any.

Capricho has also calmed down. I explained that my purpose in taking photos is to share in social media government personnel who do good things or bad things.

The investigating Police Officer, Sergeant Alejandro, checked the photos in my camera, and I said you can delete those photos, and he did. Sergeant Alejandro then read to us the handwritten report he made, part of which said, “They also agreed to have no complaint each other…”,  which both of us signed. I did not want staying long in that police office and wanted to go to my office.

When I posted my story in my facebook wall, some lawyers friends pointed these abuses:

1. There is no existing  law prohibiting the public from taking photos of public officials and personnel in public places. Private citizens can claim right to privacy and sue for damages. But public personnel cannot claim such privacy right because they are expected to be under scrutiny all the time. The harassment by Capricho therefore, has no basis.

2. Under RA 7438, Article 286. “Grave coercions. - The penalty of arresto mayor…  shall be imposed upon any person who, without authority of law, shall, by means of violence, prevent another from doing something not prohibited by law, or compel him to do something against his will, whether it be right or wrong.” Capricho prevented me from going  to  my office, and Officer Ramirez dragged me to a van. I think officer Ramirez would deny that he dragged me, but I would not go to the Makati CPS if there was no pressure or coercion. I wanted to go to my office, not at the police station.

3. Same law, Section 2.  “Rights of Persons Arrested, Detained or Under Custodial Investigation, Duties of Public Officers. – (a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.” I went to the Makati CPS without any counsel, because of the harassment by Capricho and Officer Ramirez.

4. I think PNP Makati officers are aware that there is no existing law that prohibits the people from taking photos of public officers in public places. In which case, they should have explained to  Capricho that there is no law violated, no cause for bringing me to the police station, but this did not happen.  One officer even reminded me that next time, I must ask permission first if I must get photos of government personnel. I think that upon seeing that the complainant was a MAPSA personnel, the PNP had sympathy with him even if I did not violate any law.

No detention as in being put behind bars, no handcuffs, and we were at the police station for maybe  20-25 minutes, then we got out. This thing therefore, may appear to be a “minor” issue. But as explained to me by some lawyer friends, those are serious coercion cases, illegal arrest, grave abuse of authority, serious human rights violations.

In the words of my lawyer-friend, “Everything you did was involuntary, from the moment they prevented you from going to work up to the time you signed a statement. All of it were under pressure. You might have the feeling that some acts were voluntary on your part, like deleting the pictures, but in fact they were not. You were asked to do something you otherwise would have not done if not for the threat of authority exerted upon you.”

Some friends advise me to file criminal or administrative charges against Capricho and Ramirez. But I recognize that it is cumbersome, time consuming and costly to file such charges. I don't have the energy and patience to pursue such option.

I just have to warn the  public because almost everyone now has a mobile phone, which has camera, and they take photos of anything that catches their attention. If they take photos of any public official, national or local, in a public place, they violate not a single law. So when another Capricho-type of officer comes to them and pressure them  to  delete the photos, or go with them to  a police station, these acts are NOT proper and constitute human  rights violation. Government personnel themselves who are supposed to  implement the laws become the law violators against citizens who commit no crime, no violation of any law.
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See also: