Civil Society cites TWG Irregularities; Congress, Senate asked to step in

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Transport and mobility advocates the Lawyers for Commuter Safety and Protection (LCSP), KOMYUT, LEADER, Move Metro Manila, and Transport Watch (TW) issued a joint statement decrying this irregularity.

Despite regular follow-ups and requests for updates on urgent issues like the pilot run of a motorcycle taxi app, original members of the Technical Working Group (TWG) that the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) previously convened were not included in recent discussions of the TWG on the fate of the pilot run of motorcycle taxis.

This has prompted the excluded TWG members to file a petition for Congress and the Senate to look into the irregularities surrounding the procedure in deciding on the pilot run and to call for transparency and inclusivity in the decision-making process.

The TWG recently convened several meetings on key issues such as updates on the pilot run and possible extension, as well as the entry of new players without consulting original stakeholders outside of the DOTr. Only the DOTr, the LTFRB, the Land Transportation Office (LTO), and the InterAgency Council for Traffic (IACT) have convened to decide on the said issues.

(L-R) Jason Salvador, Managing Director of LEADER, Atty. Ariel Inton, LCSP representative, Ariel Lim, Adviser and Consultant and Daryll Mann Caisip, Staff of the Office of Senator Grace Poe and Atty. Victor Trinidad, Head Executive Assistant and FOI Decision Maker of the MMDA.

The lack of updates and proper consultation with stakeholders were the reasons the excluded TWG members filed a petition calling on Congress and the Senate, from which the original directives to conduct a technical working group assessment last year came, to look carefully into the matter and hasten the passage of a law legalizing and regulating motorcycle taxis.

The petition stated, “The TWG is supposed to monitor the safety of the riders and the riding public using data collected, by Angkas, within a six-month period. Despite repeated requests from the sector for the TWG to convene, a secret meeting was conducted, last November 2019, with solely government agencies in attendance, to make an assessment. Hence, the consumers, advocacy groups and other stakeholders, were excluded from decision-making. This prompted us to ask for updates from those who were present and pleaded that the complete TWG be convened in the future.”

In a press briefing Monday, transport and mobility advocates the Lawyers for Commuter Safety and Protection (LCSP), KOMYUT, LEADER, Move Metro Manila, and Transport Watch (TW) issued a joint statement decrying this irregularity.

Jason Salvador, Managing Director of the Legal Engagement Advocating for Development and Reform (LEADER), stated that lawmakers had enough time to act on the proposed motorcycle taxi legislation. “When we were doing the first TWG assessment, we were very strict about the parameters that needed to be met before any service can be done,” Salvador said.

“We even went to the sites of the proposed motorcycle taxi training area. Sumakay pa ako mismo sa motorcycle taxi para malaman ko mismo kung pwede ba talaga,” he added.

Also present in the press briefing was Atty. Victor Pablo Trinidad, Head Executive Assistant and FOI Decision Maker of the MMDA. He acknowledged the importance of the motorcycle taxi test run, saying that he wasn’t able to attend any TWG meeting as well because the invite for the meeting came just one day before the meeting date.

“The MMDA is one of the law enforcement agencies included in the TWG so it is in our best interest to find out what is happening in the test run,” Trinidad stressed. “We started out the TWG with strict parameters. We need parameters or else there would be problems with graft and corruption, which is a serious offense. Papasukin natin sila sa test run pero ayon sa parameters na ginamit namin nung umpisa at naaayon sa traffic. We must level the playing field,” he added.

Ariel Lim, adviser and consultant of the office of Senator Grace Poe and head of the transport advocacy group Usapang Transport Poe, stressed, “During the TWG, the office of Senator Poe questioned and clarified so many things about Angkas’ operations and recommended adjustments before we recommended the test run.”

“Nagtaka lang kami kung bakit ganito dahil ang talagang layon namin ay hindi maging maluwag sa pagbibigay ng approval ng motorcycle taxi,” Lim asked. “Parang negosyo na ata ang iniisip dito, hindi po ganon ang tingin ni Sen. Poe dahil buhay ang nakasalalay dito,” he added.

“No single agency can just decide on allowing others to join. Both congress and senate should approve,” Lim stressed.

In an earlier statement, Dr. Grace Jamon, convenor of Move Metro Manila, a group of policy advocates organizing policy discussions on mobility, stressed that their group's position is that they are urging Congress and Senate to deliberate the proposed bills legalizing motorcycle taxis. “In principle we agree with the need for the motorcycle taxi safety protocols to be extended to and applied to other motorcycle taxi service providers. Competition is good and should be a welcome development. We are just concerned with the process through which this decision was made without us having been called into a meeting at all,” said Dr. Jamon.

Toix Cerna, spokesperson of the commuters’ group KOMYUT, said in a previous interview, “Since August, we have been seeking for the TWG to be convened to discuss the initial data, and experience of Angkas, but to no avail.” Cerna added, “Our task was also to monitor and assess the results of the pilot so that we are informed of what to recommend for the legislative measures pending in Congress.”

Atty. Ariel Inton, Atty. Raymond Fortun, and Atty. VJ Topacio of the LCSP earlier filed a petition for injunction with application for a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction against five motorcycle taxi companies, some of whom were included in the DOTr's list of new companies allowed to participate in the extension of the test run. The petition stated that their operations are unauthorized and may cause grave and substantial damage to the public.

Inton, a former LTFRB member, said that the LCSP’s main thrust is to promote commuter safety and uphold the rights of commuters, road users and pedestrians to a safe mode of transportation. As such, Inton stated, it has an absolute right to prevent respondents from organizing its fleet of motorcycles for hire and avert its operations which prejudice the riding public. Inton also revealed that they too have not been included in the recent meetings.

Topacio also stated in an earlier statement said, “It seems this exclusion from the recent decision-making process also involves many other critical members of the TWG and we are just wondering why this was the case.”

According to Topacio, because they were not included in the recent decision-making process they have not been able to hear from and coordinate with motorcycle taxi app Angkas. “We also need to coordinate with Angkas in order for us to find out their official data that was gathered during their six-month test run operations,” he stressed.

“We have requested an immediate restraining order to prevent grave and irreparable damage to the riding public in general, and to the pilot program in particular,” stressed Atty. Raymond Fortun of LCSP. “Moreover, any accident during this critical period will also sabotage the pilot program.”

Inton, Cerna, Jamon and the rest of the excluded TWG members are asking for greater transparency in the TWG’s procedures and asking Congress and Senate to intervene in this regard. “Transparency in the decision-making process of the TWG is very important so that the decisions do not look suspect,” noted Dr. Jamon. “It is very curious that at this crucial stage in the TWG, non-government members were completely sidelined,” he added.

Excluded TWG members urge Congress and Senate to intervene

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Amid the recent announcement of the Department of Transportation (DOTr) to extend the test run for motorcycle taxis for another six months and include new motorcycle taxi companies supposedly as per the recommendation of the previously convened technical working group (TWG), original members of the TWG who were not included in the decision-making process for this sought the intervention of Congress and Senate to exclude the new players from participating in the extension.

Certain members of the TWG constituted in December of 2018 were taken by surprise with the recent news from the DOTr stating that the TWG already decided to extend the motorcycle taxi test run and include six new motorcycle taxi players.

The excluded TWG member has also called on Congress and the Senate, from which the original directives to conduct a technical working group assessment last year came, to look carefully into the matter.

In a press briefing, Toix Cerna, spokesperson of the commuters’ group Komyut, revealed, “Since August, we have been seeking for the TWG to be convened to discuss the initial data, and experience of Angkas, but to no avail.” Cerna added, “Our task was also to monitor and assess the results of the pilot so that we are informed of what to recommend for the legislative measures pending in Congress.”

Raymond Gascon of Move Metro Manila said in a separate statement, “In principle we agree with the need for the motorcycle taxi safety protocols to be extended to and applied to other motorcycle taxi service providers. Competition is good and should be a welcome development. We are just concerned with the process through which this decision was made without us having been call into a meeting at all.”

Move Metro Manila is a group of policy advocates organizing policy discussions on mobility.

In turn, Atty. Ariel Inton of the Lawyers for Commuter Safety and Protection (LCSP), also a member of the TWG, revealed, “Since the start of the pilot run, I have never been invited to meetings and discussions and now I heard that they have decided on something critical, which is not only irregular but rather suspicious and unacceptable.”

Inton added, “And it seems this exclusion from the recent decision-making process also involves many other critical members of the TWG and we are just wondering why this was the case.”

The LCSP earlier filed a petition for injunction with application for a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction against five motorcycle taxi companies: We Move Things Philippines Inc. (Joyride), Habal Rides Corp., I-Sabay, Sampa-Dala Corp., and Trans-Serve Corp. The petition stated that their operations are unauthorized and may cause grave and substantial damage to the public.

“Our objective in the LCSP is to ensure the safety and protection of the riding public,” Inton, a former Land Transportation Franchise and Regulatory Board (LTFRB) member, said. “And we are worried that the new motorcycle players who will join the test run may just endanger the lives of commuters because they do not have the same stringent safety standards as what the riding public has been accustomed to in the initial test run,” he added.

“We in the LCSP call on the DOTr to ensure that the welfare of the riding public is given priority by ensuring that the new players the agency is considering to include in the announced test run extension undergo a thorough review and assessment much like what the TWG did back then for Angkas,” Inton stressed.

“We have requested an immediate restraining order to prevent grave and irreparable damage to the riding public in general, and to the pilot program in particular,” stressed Atty. Raymond Fortun of LCSP declared. “Moreover, any accident during this critical period will also sabotage the pilot program,” he added. 

Early this year, the House of Representatives passed Resolution No. 2449 urging the DoTr to implement a pilot program allowing, monitoring, and regulating the operation of duly registered and organized motorcycles-for-hire as an alternative public transport utility.

The DoTr then instructed various agencies to form a Technical Working Group (TWG) composed of stakeholders and experts from the government and the private sector to discuss issues attendant to the prospect of two-wheel vehicles operating as public transport. 

The TWG was tasked to identify motorcycle types eligible to be licensed, taking into consideration factors like engine displacement, carrying capacity, operating speeds, routes, seat and helmet requirements, and training requirements for drivers, who will eventually need to obtain a public utility vehicle (PUV) registration.

Upon the recommendation of the TWG, the DoTr allowed the six-month pilot test for motorcycle taxi operations in the Philippines starting in July of this year. Since only the motorcycle ride-hailing app Angkas had been established and operating with an eight-month track record at the time, Angkas became the sole subject of the pilot program which will end in December.

"Three months to the pilot could have been a good time for the House and Senate to hear the proposed bills already, using initial results," noted Jason Salvador, Managing Director of LEADER (Legal Engagement Advocating for Development and Reform). "The pilot was just for a period of six months. After that, what will happen to the commuters?" he added.

Inton, Cerna, Gascon, and the rest of the excluded TWG members are asking for greater transparency in the TWG’s procedures and asking Congress and Senate to intervene in this regard. “Transparency in the decision-making process of the TWG is very important so that the decisions do not look suspect,” noted Gascon “It is very curious that at this crucial stage in the TWG, non-government members were completely sidelined,” he added.

Inton also asked why the DOTr is planning to extend the test run. "Why are they extending it? If they are convinced that the test run was successful, why not just direct the Congress to come up with a law to regulate this service?" Inton asked.

Community Safety advocates group seeks TRO against unregistered motorcycle taxis

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The Community Safety and Protection (LCSP) led by Atty. Ariel Inton, Atty. Raymond Fortun and Vicente Jayme Topacio filed a petition for an injunction initially against five (5) identified app-based Motorcycle Taxi groups operating in Mega Manila outside the prescribed pilot program on the grounds of safety and fair play.

During the press briefing held Monday, Atty. Ariel Inton, speaking in behalf of LCSP, said that the commuter safety advocates have filed a petition for injunction with application for a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction against five motorcycle taxi companies: We Move Things Philippines Inc. (Joyride), Habal Rides Corp., I-Sabay, Sampa-Dala Corp., and Trans-Serve Corp. The petition stated that their operations are unauthorized and may cause grave and substantial damage to the public.

“The commuting public should not be used as guinea pigs by fly-by-night motorcycle taxi operators with zero track record,” said Atty. Ariel Inton of the Lawyers for Commuter Safety and Protection (LCSP) which filed a petition to restrain various groups from operating motorcycle taxis.

Inton, a former Land Transportation Franchise and Regulatory Board (LTFRB) member, said that the LCSP’s main thrust is to promote commuter safety and uphold the rights of commuters, road users and pedestrians to a safe mode of transportation. As such, Inton stated, it has an absolute right to prevent respondents from organizing its fleet of motorcycles for hire and avert its operations which prejudice the riding public.

“The respondents are currently sabotaging the government’s pilot program for motorcycle taxis by unilaterally according to themselves the privilege to operate motorcycles for hire in the guise of addressing the traffic situation in Metro Manila, Metro Cebu and other urban cities,” Inton stressed.

“At the outset, it should be pointed out that respondents commenced the roll-out of their motorcycle taxi business without any franchise from Congress or permit nor authority from the Department of Transportation (DOTr),” he added.

According to the petition letter that the LCSP submitted to the Regional Trial Court of Quezon City Tuesday, December 3, “Combined, thousands of motorcycles illegally booking and transporting passengers ply the roads, unduly exposing petitioners’ members to road hazards and increased risk of accidents.”

Inton stressed that motorcycle taxi operations are being conducted outside of the pilot program of the DoTr, defeating entirely the essence of the ongoing pilot testing and exposing the riding public to grave risks. 

"Di puwedeng ikumpara ang motorcycle taxi sa milk tea na nang mauso ay ang dami ng nagsulputan kahit na mababa ang kalidad. Pero higit na mapanganib kung motorcycle taxi ang pinag-uusapan dahil buhay ng pasahero, buhay ng tao ang malalalagay sa peligro kung papayagan ang mga walang experience at walang track record na motorcycle taxi na makapasada," ani Inton.

“We have requested an immediate restraining order to prevent grave and irreparable damage to the riding public in general, and to the pilot program in particular,” stressed Atty. Raymond Fortun of LCSP declared. “Moreover, any accident during this critical period will also sabotage the pilot program,” he added. 

Early this year, the House of Representatives passed Resolution No. 2449 urging the DoTr to implement a pilot program allowing, monitoring, and regulating the operation of duly registered and organized motorcycles-for-hire as an alternative public transport utility.

The DoTr then instructed various agencies to form a Technical Working Group (TWG) composed of stakeholders and experts from the government and the private sector to discuss issues attendant to the prospect of two-wheel vehicles operating as public transport. 

Atty. Inton is also a member of this TWG and participated in the assessment sessions held prior to the recommendation of the pilot run. 

The TWG was tasked to identify motorcycle types eligible to be licensed, taking into consideration factors like engine displacement, carrying capacity, operating speeds, routes, seat and helmet requirements, and training requirements for drivers, who will eventually need to obtain a public utility vehicle (PUV) registration.

Upon the recommendation of the TWG, the DoTr allowed the six-month pilot test for motorcycle taxi operations in the Philippines starting in July of this year. Since only the motorcycle ride-hailing app Angkas had been established and operating with an eight-month track record at the time, Angkas became the sole subject of the pilot program which will end in December.

The five motorcycle taxi companies who are identified as the respondents in the LCSP petition are neither accredited by the TWG nor part of the pilot program.

“It bears stressing that the pilot program was undertaken precisely in view of the absence of any legal framework currently regulating motorcycle ride-hailing apps,” Fortun declared.

“Its objective is to ‘road test’ the operation of a motorcycle ride-hailing app to enable the government agencies to ascertain the safety and viability of its operations and, more importantly, to allow the agencies to craft the appropriate regulatory framework based on the data that would be gathered during this period of experimentation,” Fortun added.

In turn, Inton stressed that the pilot period, by its very nature, cannot be considered free for all who might want to engage in the same business precisely because of the absence of any law policy regulating the activity. “It will be far too precarious to expose the riding public to the risks of allowing zero-track record entities to operate a motorcycle ride hailing app without the proper regulatory framework yet in place,” he noted.

The five motorcycle taxi companies identified as respondents in the petition were reported to have surfaced and have begun the onboarding of motorcycle bikers and commenced accepting bookings for the transport of passengers.

To date, Joyride has already onboarded 3,000 bikers and have constructed their own office where recruitment is currently done. “These bikers are also at risk of performing an illegal activity considering that Joyride, currently does not possess the necessary permit or authority from the DoTr,” the petition states.

In turn, I-Sabay 24/7 and Sampa both make use of an application for drivers and passengers and have started operations already. Transi-Serve Corp. has reportedly began onboarding efforts as well.

“All of these acts are being done by respondents without having been made part of the Pilot Program for motorcycle taxis,” Inton stressed. “Their reckless and brazen conduct of pre-empting the government agencies in hopes that they too might eventually be included in the pilot program despite lack of track record and qualifications only prove how the government and the public cannot trust these entities,” he added.

“Untested motorcycle taxi operators, such as respondents, expose commuters to the hazards posed by an unsafe mode of transportation,” Inton declared. “The unwarranted and unauthorized establishment and operation of motorcycle taxi fleet constitutes willful and blatant disregard of the rights of the commuting public in relation to safe modes of public transportation.”

Inton also raised the issue of the TWG continuing to meet without the presence of critical members, which is highly irregular. 

“It has also come to my attention that the TWG, in which I am also a member, has been deciding on certain matters without some of its members,” Inton revealed. “Since the start of the pilot run, I have never been invited to meetings and discussions and now I heard that they have been convening, which is not only irregular but rather suspicious and unacceptable,” he added.