BWorld 177, On MMDA car towing and impounding

* This is my column in BusinessWorld last December 29, 2017.

“Little else is requisite to carry a state to the highest degree of opulence from the lowest barbarism but peace, easy taxes and a tolerable administration of justice: all the rest bring about by the natural course of things.”

— Adam Smith, lecture in 1755; author of The Wealth of Nations (1776)

This is the continuation of my article, “The MMDA towed my car even with my kids inside” published here on Dec. 21.

Through a mutual friend, I was able to talk to Mr. Mike Salalima, Deputy Chief of Staff of MMDA Chairman Danny Lim, last Dec. 20, a day after my car was towed by MMDA-accredited Fighter Towing Co. (not Tiger as I’ve previously written and for that I apologize.)

Mike said that my case was not a case of an “unattended vehicle” and hence, the penalty should have been a simple violation ticket of anti-illegal parking. Thus, the towing from Makati City to Tumana, Marikina City (which took three hours) and impounding of my car was wrong. So he arranged for the release of my car that day and canceled my towing fee, which I estimated would cost about P6,000 (P1,500 first 4 kilometers for light vehicles plus P200/km thereafter).

Mike asked me if I wanted Fighter Co. to tow my car back to Makati City but I refused since they caused my troubles in the first place and that they might damage my car on the way back.

After the meeting with Mike, I then took a long commute from the MMDA main office in Edsa Guadalupe to Marikina City. I saw the impounding area the day before and when I saw it again that day to get my car, I was aghast at hundreds of impounded vehicles — cars, vans, taxi, jeepneys, delivery trucks, tricycles, motorcycles. Those vehicles should be transporting people and goods, not gathering rust. Private properties, many of which were the result of years of savings and sacrifices such as working abroad for several years, were impounded for months and even years on end, wasting away.

Why would the state through an agency like the MMDA have the power to confiscate private property? And in large numbers at that? Is it not the protection and respect of private property an important function and purpose why governments were created in the first place?

As the quote from Adam Smith suggested, the state can rise from barbarism to opulence and wealth via peace not violence, few taxes, and permits, not more, confiscatory justice administration, however tolerable.

For sure, not all of those hundreds of confiscated vehicles were impounded during the time of Chairman Danny Lim. They have accumulated since many years ago as evidenced by the amount of rust, degree of physical deterioration and height of grasses and vines that have engulfed many vehicles. A number of those vehicles though looked like some of their parts have been removed or stolen.

The purpose of towing and impounding is to help reduce traffic congestion in Metro Manila by removing temporary or permanent obstructions in selected roads. But the act of towing a briefly parked vehicle with the driver just nearby and bring it to a place many kilometers away is already creating traffic in more areas of the metropolis.

I was inside my car while it was being towed and I saw the towing truck made several traffic violations, such as (a) counter-flowing traffic in a section of Makati Avenue towards Buendia and (b) beating the red light from the Green Meadows area turning left towards C5. It was a regular case of government-accredited vehicles to correct traffic violations being traffic violators themselves. Those trucks were rushing to tow and impound as many cars as possible in a day because of the big money involved collecting the towing fee.

Drastic changes need to be instituted by the current MMDA leadership on the system of towing and impounding of vehicles. Two of possible moves would be: (1) Stop the towing and impounding scheme unless vehicles were used in committing crimes like murder and robbery. Violations of anti-illegal parking should be slapped with fines, higher fines if they want, and/or clamping of unattended vehicles. Or (2) allow the process of towing to be subject to challenge by vehicle owners and when the MMDA personnel and private towing companies are found to be wrong in their judgment, they must pay the vehicle owner/s two to three times the estimated towing fee plus any damages to the vehicles.

Governments should go back to their classical raison d’etre or reason for existence — protect the people’s right to life, right to private property, and right to liberty. It is not government function to create many restrictions and prohibitions in society like so many “No Parking” areas, so many requirements and costly permits before people can do business like operating a van to transport people and goods. Having many restrictions and prohibitions means many violations, fines and penalties; many opportunities for harassment and extortion of often helpless and less-informed citizens.

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See also:

BWorld 174, MMDA towed my car even with my kids inside, December 31, 2017 

BWorld 175, Trends in global and Philippine trade, January 05, 2018 

BWorld 176, Road trips and PPP projects, January 06, 2017

MMDA Towing 4

My article on MMDA towing of my car last December 21, 2017 was popular, it was #2 most read article that weekend, then became #1 the next week, Monday to Wednesday. There were many shares and re-shares in fb, other social media.

Many readers were angry at the MMDA but a few directed their ire against me. Like this woman who commented on Mahar Mangahas' wall when Mahar shared my article.

Then on twitter, another low-life mind posted this. I did not reply to it anymore, pointless to do so.

My follow up article in BWorld was questioning the state's "right" to confiscate private property which in this case, is the towing and impounding of private vehicles even for mundane reason/s.
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See also: 
MMDA, LGUs and Towing Racket, November 26, 2012 
Towing 2: Confiscating Motorcycles, September 22, 2013

MMDA Towing 3, November 26, 2013 

BWorld 174, MMDA towed my car even with my kids inside, December 31, 2017 

BWorld 177, On MMDA car towing and impounding, January 07, 2018

BWorld 174, MMDA towed my car even with my kids inside

* This is my article in BusinessWorld last December 21.
And an erratum here. I referred here to Tiger Towing co., it should be Fighter Towing Co. I corrected this in my part 2 column, thank you.

“The animals you eat are not those who devour others; you do not eat the carnivorous beasts, you take them as your pattern. You only hunger for the sweet and gentle creatures which harm no one, which follow you, serve you, and are devoured by you as the reward of their service.”

— Jean-Jacques Rousseau

(French philosopher, 1700s)

These are the thoughts that to my mind, describe many government officers, the Metro Manila Development Authority (MMDA) in particular, on Dec. 19.

That afternoon, I briefly parked my car along J. P. Rizal St. in Makati City to buy pork and rice in a nearby wet market. I turned the hazard lights on, kept the engine running, and left the air-con full blast because my two daughters — 7 and 11 years old — were inside.

When I came back more than five minutes later, MMDA officers and a truck were already in the process of towing my car.

Yes, there was a “No illegal parking” sign where I left my car and yes, I recognized my mistake. This is why I talked to the officers and asked that they issue me a ticket violation instead of towing my car. But they refused.

I appealed again because my girls are already terrified while inside the car but it was futile.

Helpless, I gave in but said I needed to bring my daughters home first to spare them from the stress of being towed to far away place. They agreed but said that a crew member of the Tiger towing company must be at the wheel of the car, not me. Then the towing started, prompting my 11-year-old daughter to cry.

This, to me, felt irregular.

First, a stranger was inside my car, holding the wheel. Second, the noise and the sudden jolt resulting from the car being pulled by the truck scared my two daughters further.

When we reached an intersection, I explained to the MMDA officer who escorted us on a motorcycle that my daughters were already terrified. Again, I asked him to issue me a ticket and just like the others, he refused.

His uniform showed the name “Dayaon LD.”

We arrived at their impounding area in Tumana, Marikina City around 5:30 p.m. Then the tow truck quickly left, perhaps to prowl for more potential victims. The area is secluded, far from the Tumana proper, muddy, and isn’t easily accessible to public transportation, not even tricycles. I saw hundreds of cars and vans and realized that I have come upon the mess the government has caused its citizens.

With this in mind, I have decided to raise several questions after having experienced the cavalier attitude of the MMDA.

1. Why did the MMDA officers insist on towing my car when I already showed up, admitted my mistake, and agreed to get a ticket for the violation? After all, my car was not “unattended vehicle” because the engine was running, the air-con and that hazard lights were on with two young girls inside?

2. Why did the MMDA officers allow or instruct Tiger Towing Co.’s crew to board and drive my car with me and my two girls inside? I stayed in the car after my girls went home, took a photo while the car was being towed with Tiger’s crew member behind the wheel.

3. Why did they bring the car to Marikina City when another MMDA impounding area is located in Ortigas, which is closer to Makati City?

4. Will the MMDA and/or its accredited towing company accept responsibility for damages to the car during towing?

5. Why is the information on the impounding notice for my vehicle incomplete? The notice should indicate the name, signature, and designated ID number of the officer who issued the impounding notice.

But it only indicated the name of the team leader — a certain Gonzales — while the names of the driver and the two crew members were not identifiable. Only a signature was on the notice, without any names nor ID numbers. The MMDA escort should have a printed name as well but there was nothing.

After reading the Impounding Notice and MMDA’s FAQs, I learned that:

An illegal parking violation penalty is only P500; towing is P1,500 for the first four kilometers while it is P200 for every succeeding kilometer. Makati City to Tumana in Marikina City is quite a distance, allowing the towing company to earn thousands of pesos per vehicle.

MMDA’s FAQs on towing also says:

“11. Are the towing crew allowed to board an attended vehicle?

This is NOT allowed. If this happens when the driver is present, this must be taken note of and reported as a violation to the MMDA (136).” (http://www.mmda.gov.ph/20-faq/2085-towing-and-impounding-faq)

“13. Who will be responsible for any damage/s obtained by the vehicle during the towing?

Take note that before the actual towing, the tow truck crew shall issue a Technical Inspection Report indicating the name of the owner, vehicle’s plate number, type and color, including the accessories thereof, and a description of the vehicle’s condition. The towing company/agency shall be held responsible for losses/damages incurred while towing the vehicle.”

Neither Tiger’s crew nor MMDA officers did this. They only gave me a one-page “Impounding Notice” with vehicle type and plate number and they did not even ask for my name.

The MMDA is a big bureaucracy in the metropolis.

The money they get from us via annual appropriation keeps on increasing: P1.726 billion in 2016, P2.180 billion in 2017, and P3.558 billion in 2018, according to the Budget department’s Budget of Expenditures and Sources of Financing 2018.

The MMDA also earns more from so many penalties for mundane violations like dirty plates, using slippers and/or sleeveless shirts while driving. I saw its list of “Traffic violations and penalties” and it was four and a half pages long, describing 300 different prohibitions and hence, potential sources of fines, penalties and harassment.

The MMDA towed my car at 2:39 p.m. and arrived Tumana about 5:30 p.m. I got home in Makati City around 8 p.m., wasting about six hours. Now, I have to go to the MMDA office in Pasig to settle the fees, then back to Tumana, then drive back home to Makati City, which will take many hours again.

(Later on, I was able to meet some MMDA personnel who helped correct the behavior of their errant staff. I was able to meet Mr. Mike Salalima, Deputy Chief of Staff of MMDA chairman Danny Lim. He said that what happened was wrong. I should have just been issued with a ticket violation, instead of towing my vehicle. He will call Tiger Towing Company and I will be there to listen in. And I will be spared of possibly P6,000+ towing fee because of the long distance from Makati City to Tumana.)

We private citizens and taxpayers already pay lots of taxes and fees partly to pay the salaries and bonuses, travels and vehicles, perks and pensions of government people. Next year we will pay even higher taxes with the TRAIN law. Why add more fines and fees in thousands of pesos, why harass us with many unproductive hours, as if we committed a huge, horrible crime?

If some traffic violations are made, the driver should be penalized, not the car. The process should also be shortened, not lengthened.

Government should be more sensitive to taxpayers and not punish them with harassment. Are these too much to ask?

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See also:

BWorld 171, Global vs national tax reforms, December 29, 2017 

BWorld 172, Mining and natural disasters, December 30, 2017 

BWorld 173, Energy favoritism under TRAIN, December 30, 2017

Towing 2: Confiscating Motorcycles

Towing "illegally parked" cars, motorcycles and other vehicles, impound them to a certain area and release them after payment of penalty -- I think P500 or P1,000 for motorcycles and P1,500 for cars -- is among the revenue sources of certain local government units (LGUs) as being done by almost all cities in Metro Manila.

Last Friday afternoon, around 3:25pm at the back of Skyland Tower, in front of Tiara Oriental Hotel, Malugay St., Makati, a man briefly left his motorcycle here to buy fishball or what. I don't think it was "illegally parked" as there were two other vehicles on that side of the building that was parked, but their drivers were inside.

Then a towing truck by the Makati City government came and three men immediately carried the motrcycle. The motorcycle driver or owner who was just a few meters away ran to protest and pulled his motorcycle down.

It caused a minor commotion as the three men insisted on impounding the motorcycle while the owner/driver was pulling it down. The motorcycle driver's woman companion was also there and pleaded to the three men to release the motorcycle. The bigger man, standing on the truck, was angry that he nearly got bruises in the tug of war over the motorcycle.

Here's the short video that I took. I did not get the name of the MAPSA officer who ordered taking the motorcycle. That big man in green later shouted at me and asked why I was taking the video. Not wanting to argue with goons like him, I said "Pang report ko po sa Rotary". He demanded, "Anong Rotary?" I said "Si Mayor Binay, Rotarian yon". "Sinong Major Binay?" was his angry reply. I repeated, "Si Mayor Binay!" and he kept silent.

The smaller and thin man was insistent on taking the motorcycle. How much do they earn, their commission, for each impounded vehicle and motorcycle? I see greed in their faces often.

The woman was able to persuade the MAPSA officer to let go of their motorcycle. Maybe he was ashamed that many people were looking at him and the commotion that his team has created.

And a day before that, last Thursday, around 12:40pm, same area, at the back of Axa building in Malugay St., this car was being towed, possibly by the same truck. It's a vacant lot, no traffic congestion, no sign of "No Parking", only "One Way" sign is posted there.

Woe unto the owner of those cars that are towed. The hand brake would normally loosen if not damaged. Also a brief emotional anguish on the car owner not finding his/her car on the slot it was parked, thinking that it was carnapped and stolen by some criminals.

Very often, chaos in society is government-created, national or local government.
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See also: 
MMDA, LGUs and Towing Racket, November 26, 2013 
Anti-Smoke Belching Racket, Part 5, April 02, 2013 
Rule of Law 20: PNP and Rule of Men, April 21, 2013

MMDA, LGUs and Towing Racket

A friend, professor at De La Salle University (DLSU) Political Science Department, Prof. Eric Vincent Batalla, posted in his facebook wall last Friday this story: He gave me permission to blog his story, thanks Eric.

Early Christmas Bonus to the Metro Manila Development Authority towing services. Yesterday morning, my son and I brought some stuff at the condo on Taft Avenue. In order not to obstruct traffic, I parked in front of 7-Eleven behind those parking obstruction poles attached to concrete slabs on the road. These are usually used by buildings so no one could park in front. Well, the car was towed five minutes after it was parked and while I was inside the building. So, fine. It was illegal parking after all this time and I was guilty (but the claim of obstruction? that was funny). The car was brought to the MMDA Ultra-1 Compound in Ortigas, which registered a trip of 17 kilometers for the towing company.

He then added these details in the comments section:

The new MMDA regulation signed by Chairman Francis Tolentino says you pay towing services of P1,500 for the first four kilometers and P200 for each succeeding kilometer. So I paid P4k to the towing company plus P500 to the MMDA for the violation. So I paid and went home yesterday feeling unlucky hahaha. But there are at least a couple of questions that are hard to answer. First, why was the car which was parked in Manila brought to a distant impounding center (and not in Manila where the offense was committed)? Second, why does the MMDA, which is supposed to coordinate with Metro LGUs, permit a private towing company to tow and make money out of distance charges by bringing the car to the Ultra-1 impounding Center and not to Manila's impounding center? It is truly the season of giving gifts.

Don't get me wrong. I admire the new MMDA chair. However, does this suggest a loophole?

I'll raise this issue to the MMDA. If this administration wants to govern well, it should pay attention to the everyday injustices. I did mind paying a fortune but it was a helpless situation. In the Philippines, the culture of impunity is strong. Ordinary people learn how to be helpless in the face of daily abuse. And they say it's more fun in the Philippines. They've got to put their act together hahaha.

I really think that the car should have been impounded in the city of Manila, not in Ortigas where I had to pay more. One can easily speculate on the commissions to bureaucrats.
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I also commented in his wall, I said that he has another first-hand experience of the rule of men, not rule of law. And since they towed his car without a driver inside, the hand brake was not released and the car put in neutral gear, then that means brake pad or lining is already damaged, he will have to spend several thousand pesos more to replace it plus labor. And the Metropolitan Manila Development Authority (MMDA) will not admit accountability for that additional damage and costs.

If one will move around, one can easily spot cars that are illegally parked, mostly jeepneys,  tricycles, police and government cars (red plate), and armored vans. These vehicles are not towed, nor their drivers are penalized. 

If not the MMDA, other local government units (LGUs) like the respective city governments, have their own towing operations, aside from other regulations like the anti-smoke belching units (ASBUs) and their various racket.

Here are photos of towed cars in Makati alone. 

Notice the car below, two towing vehicles carried it. 

We citizens pay various taxes for the salaries and perks of government personnel, then we pay more to them as they tow our cars even for flimsy reasons, as ASBUs apprehend diesel powered vehicles even if these are not smoke belchers, other ither forms of harassment and prohibitions. 

BIG government is all about parasitism, both national and local governments.
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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
Anti-Smoke Belching Racket, Part 4, September 25, 2012