Will Cebu City lead the way out of traffic?
Left unregulated, the habal-habal or motorcycle taxi poses safety and security hazards to the commuting public.
Cebu City Councilor Pastor “Jun” Alcover Jr. noted that many habal-habal drivers are unlicensed, a lot of motorcycles are unregistered, and overloading continues to be rampant in the mountain villages.
Worse, some drivers are allegedly involved in the illegal drug trade and other criminal activities. The habal-habal, because it is illegal, has also become a source of corruption for some enterprising enforcers.
“If this is allowed to continue, this will become another social problem,” Alcover said.
Ariel Inton, founding president of the Lawyers for Commuters’ Safety and Protection, said that government should regulate, if it would not stop, the operation of motorcycle taxis.
“Its number is growing and if this will not be addressed, then it will pose a serious transport problem in the future. The government must choose to stop it or allow it through regulation - before it becomes too late,” he said.
But can government regulate something that is illegal?
Root problem
To legalize and regulate the motorcycle taxi as a public transport vehicle, Congress would need to amend the Land Transportation Code and the Local Government Code, respectively.
The Land Transportation and Traffic Code prohibits the use of a motorcycle as public transport, while Sections 447 and 458 of the Local Government Code, or Republic Act 7160, regulates only tricycles (motorcycles with passenger sidecar).
Three bills proposing to amend these laws were filed last year by South Cotabato Rep. Pe- dro Acharon Jr., Misamis Oriental Rep. Juliette Uy, and Cebu Province Rep. Ramon “Red” Durano VI. All three bills are pending with the House committee on transportation.
Whether these will be passed remains to be seen.
Catanduanes Rep. Cesar Sarmiento, who chairs the transportation committee, acknowledged that the lack of an adequate and efficient mass transport system spurred public demand for the motorcycle taxi, both in the countryside and in urban areas.
But he said the committee would rather address the root problem, which is traffic congestion.
Sarmiento also cited the need to first address safety issues with the use of motorcycle taxis.
“The priority of the committee now is to facilitate the enactment of House Bill 4334, or the Traffic Crisis Act of 2017,” Sarmiento said in an email.
“We believe that the Traffic Crisis Bill will be a comprehensive and urgent response to the congestion problem in our metropolitan areas,” he added.
Among the solutions listed in the bill is the rationalization of routes so that the appropriate type and number of mass transport vehicles can cater to the demand in each route.
The safety issue was partially addressed with the passage during the 16th Congress of Republic Act 10666, which prohibits small children from riding on a motorcycle except during medical emergencies.
Allowed to ride on motorcycles are children whose feet can “comfortably reach” the foot peg and whose arms can reach around the waist of the driver/ rider.
Cebu initiative
If Congress is not keen on amending existing laws to allow regulation, local government units (LGUs) can perhaps take the first step, Inton said.
In the absence of a national law, an ordinance regulating the motorcycle taxi would likely be questioned in court. But regulatory measures would at least be in place while the legal process plays out, he added.
“What’s important is that somebody regulates (the motorcycle taxi). Let’s not be too legalistic about it. Hanggang kailan tayo maghihintay (until when should we wait)? Accidents are happening,” Inton, a long time majority floor leader of the Quezon City Council in Metro Manila, said in a phone interview.
In Cebu City, the Office of the Mayor has started listing organized motorcycle taxi drivers under the Cebu City and Mountain Barangays Habal-Habal Drivers Association (Cemobahada). Members are given Cemobahada stickers that also contain the Type O sign of Mayor Tomas Osmeña.
Alcover, who is allied with the opposition party, is proposing an ordinance granting the City Government the power and authority to issue franchises to motorcycle taxi operators.
Test case
If approved, this would be a landmark regulation for the motorcycle taxi.
Inton lauded the proposal, saying it’s “a move to the right direction.”
Ahmed Cuizon, Central Visayas regional director of the Land Transportation Franchising and Regulatory Board (LTFRB), said this would be a test case.
“If the local government starts issuing franchises for the habal-habal (motorcycle taxi), somebody might contest it,” he said.
Alcover is hopeful that his proposed ordinance would be approved within this year.
“I think there’s a great chance (of approval). I’m very happy that I’m receiving positive response from councilors who have crossed party lines,” he said.
Eight of the 18 members of Cebu City’s legislative department are allied with the administration, while Alcover, Vice Mayor Edgardo Labella and seven other councilors are with the opposition. One councilor is independent.
Alcover was scheduled to submit a revised proposal to the Cebu City Council last week.
His original proposal, submitted in September last year, sought to legalize the habal-habal. It was rejected by the committee on laws, which cited the absence of a national law. Alcover also failed to get the support of the Land Transportation Office (LTO) and the Department of Transportation (DOTr).
Starting with the name
The revised proposal shifts to regulation and renames the habal-habal to the “more respectable” term motorcycle taxi.
Alcover cited the Revised Administrative Code and a Supreme Court ruling to point out that an LGU can regulate the motorcycle taxi.
Section 2238, also known as the general welfare clause, of the Revised Administrative Code states that the power of the municipal corporation to enact such ordinance as shall seem necessary and proper to provide for the health and safety, promote the prosperity, improve the morals, peace, good order, comfort and convenience of the municipality and its inhabitants thereof, and for protection of property therein.
In its decision in G.R. No. 131512 on January 20, 2000 (LTO vs City of Butuan), the Supreme Court upheld the devolution of tricycle registration to LGUs.
Alcover’s proposal will be reviewed by the committee on laws, which is expected to call for another public hearing.
“If approved, this will complement the initiatives of Mayor Osmeña to organize and professionalize the motorcycle taxi drivers,” Alcover said.