By Joseph B.A. Marzan
The Land Transportation Office-Region 6’s (LTO-6) spokesperson on Friday said the controversial motor vehicle inspection policy remains in effect until its parent agency, the Department of Transportation (DOTr) hands down an order saying otherwise.
This, after Presidential Spokesperson Harry Roque on Thursday announced that President Rodrigo Duterte had ordered that vehicle inspections by Private Motor Vehicle Inspection Centers (PMVICs) should not be mandatory.
The operation and authorization of PMVICs emanates from LTO Memorandum Circular No. 2018-2158 issued in November 2018. But it was only now that it was implemented due to the continuing modernization program.
It was continued in late 2020 and 2021 despite protests from local governments and local transport groups, including those in Iloilo City.
Only one LTO-authorized PMVIC is operating in Western Visayas – Panay Quality Motors Services Inc. in Roxas City.
A PMVIC is currently under construction in Jaro, Iloilo City. Additional PMVICs in other parts of the city are also being planned.
LTO-6 spokesperson Atty. Allan Sacramento clarified to Daily Guardian that PMVIC testing will continue since the order was only to make the testing optional.
Prior to the issuance and implementation of the LTO MC 2018-2158, inspections are done by Private Emission Testing Centers, which are authorized and mandated by Republic Act No. 8749 (Clean Air Act of 1999). The visual inspection is done by the local LTO offices.
Sacramento said the latest mandate from the national government does not stop the construction and approval of newer PMVICs.
“The pronouncement made by Malacañang was that the testing by the PMVICs would not be mandatory, it means that we can still have testing by the PMVIC. That is with the option of the owner of where they will wish to have themselves tested. There is no suspension as to the operation of PMVICs. As far as we are concerned, there has been no order for us to stop,” he said in a phone interview.
Sacramento also confirmed tentative changes to the inspection fees, which were agreed upon by PMVICs.
This was confirmed by Panay Quality Motors Services Inc. owner Judith Azarcon in an interview with Aksyon Radyo Iloilo on Friday.
Azarcon said the Vehicle Inspection Center Operators Association of the Philippines (VICOAP), the organization of all PMVIC operators in the country, agreed to lower the fees.
The new fares are P600 for light vehicles and PHP500 for motorcycles, down from the original rates of PHP1,800 and PHP900, respectively.
PMVIC rates for public utility jeepneys (PUJs) remain at PHP300.
Sacramento, however, could not say if there is a new order on the revised PMVIC rates which were based on LTO MC 2018-2158.
“We will still be waiting for the issuance of any memorandum [from the DOTr and the LTO]. We do not have any control over that, and the DOTr just called on the PMVICs to lower these rates because they are private,” he said.
Sacramento also responded to the remarks made by Iloilo City Councilor Romel Duron, who said on Wednesday that the memorandum circular may not have any basis in law.
He said the MC remains valid and operational as it had not yet been challenged in court.
“With due respect to the councilor, that is his opinion, but until it has not been declared and no one is questioning it in the proper forum, then it is still valid, because the memorandum enjoys presumption of validity. As a lawyer, until this isn’t challenged with the proper authority, then its validity is still in effect,” he added.
RESPONSE FROM LOCAL GOVERNMENTS
Duron, who chairs the council’s transportation committee, told Daily Guardian that they would need to meet with the LTO-6 again to explain the changes.
“We’re going to call them again for them to explain it well, because people are complaining, and there was no legal basis for this. The president has already asked them to stop making this mandatory, so why would they push for this to continue? I will call them back to explain what they mean by ‘optional’,” Duron said in a phone interview.
He also responded to Sacramento’s comment, reiterating that the PMVICs do not have the authority to inspect, unlike the PETCs that are mandated by RA No. 8749.
He further said that he will ask Mayor Jerry Treñas not to grant business permits to PMVICs that will set up shop in the city.
“They do not have the authority under Republic Act No. 4136, unlike the Clean Air Act which specifies that PETCs can collect fees, and they would have a basis for the fees. These PMVICs are really without basis,” he added.
Duron’s counterpart in Iloilo province, however, has a slightly different response.
Philippine Councilors’ League President and Provincial Board Member Ramon Sullano said that LTO-6 could not do anything about it, which is why the province would opt to plead to the national government to defer the implementation of the inspection policy.
“We didn’t require to call them in a committee hearing because we know that they cannot decide for their own. They would have to base on the national government, so that is the reason why our action point is to address the national office of the DOTr and the LTO to suspend or defer the implementation of this,” Sullano said.
‘BUSINESS RISK’
Azarcon, the owner of the sole authorized PMVIC in the region, said lower fees were a “business risk” she was willing to take.
Azarcon said VICOAP agreed to lower the fees at Tugade’s request, which was in response to a request of a senator citing the current coronavirus disease 2019 (Covid-19) pandemic.
“What happened there was that we were consulted by Secretary Tugade, first of all, after a senator requested him that if possible, because of the pandemic, we lower the fees, even at a loss just so road safety programs can continue,” Azarcon said.
She added that the VICOAP agreed to support the government’s push for the roadworthiness of motor vehicles.
“This is to show them, to show the government that we are one with them in helping the people during this pandemic. We are being asked to do this during the time of a pandemic, so we pray that when the pandemic is over, and somehow we would be able to increase our rates. But of course, we are not thinking about that at this time, we the owners have agreed that we will take the losses, we will bite the bullet,” she added.
Azarcon argued that the people should opt to have their vehicles checked with a PMVIC if it is available in their area instead of a PETC, citing the lower fees.
She also mentioned the fully automated systems of the PMVICs.
“There’s not much difference because with the PHP600, there’s not much difference with the PETC, because when you go to the PETC, they would still have stencil fees and others. For us, we don’t have that anymore because we are fully computerized. When we check that, already encode everything in our tablets which goes straight to the LTO,” Azarcon said.
