SIXTEENTH CONGRESS OF THE REPUBLIC )OF THE PHILIPPINES )

Second Regular Session )

SENATEP. S. R. No. 802

Introduced by Senator Miriam Defensor Santiago

RESOLUTIONEXPRESSING THE SENSE OF THE SENATE THAT THE LAND TRANSPORTATIONFRANCHISING AND REGULATORY BOARD (LTFRB) MEMORANDUM CIRCULAR

NOS. 2014-009 AND 2014-010; AND BOARD RESOLUTION NO. 05, SERIES OF 2014 ARELEGALLY FLAWED; AND DIRECTING THE PROPER SENATE COMMITTEE TO

CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE ISSUANCES BY THELTFRB, WHICH TOGETHER HAVE RESULTED IN UNACCEPTABLE TRAFFIC

GRIDLOCK ALONG KATIPUNAN AVENUE, QUEZON CITY; C5 BAGONG ILOG; ANDC5 MCKINLEY HILLS; INVESTIGATING THE LEGAL BASES, IF ANY, OF SUCH

SUSPICIOUS AND STUBBORN INSISTENCE WREAKING IRREVERSIBLE PREJUDICETO PUBLIC TRANSPORT SAFETY BUT AWARDING BENEFITS ONLY TO A FEW; ANDIDENTIFYING THOSE RESPONSIBLE FOR VIOLATING THE ADMINISTRATIVE CODE

AND EXECUTIVE ORDER NO. 202, AMONG OTHERS

WHEREAS, His Excellency, President Benigno S. Aquino III issued Executive OrderNo. 67, Series of 2012 entitled “Providing for the Establishment of the Integrated TransportTerminal” in Metropolitan Manila, states that there is a need to fast-track the establishment of anefficient, reliable, seamless and integrated mass transportation network/system to spur economicgrowth;

WHEREAS, the Land Transportation Franchising and Regulatory Board (LTFRB) issuedMemorandum Circular Numbers 2014-009, entitled “Suspension of Implementation of Out ofLine Operation as a Mode of Colorum Operations under Joint Administrative Order No. 2014-01” and 2014-010, entitled “Implementing Guidelines on the Conduct of Rationalization ofRoutes of Provincial Public Utility Bus Service”

WHEREAS, it appears that the issuances of the said LTFRB Memorandum Circularsdirectly contradict the 2011-2016 Philippine Development Plan (PDP) of the AquinoAdministration and Executive Order No. 67, Series of 2012 of the President that aim to establishan efficient, reliable, seamless and integrated transport system/network;

WHEREAS, the LTFRB also issued Board Resolution No. 5, series of 2014 extendingthe No Apprehension Policy of TH Freight Truck Services with Green Plates, thereby causingmore traffic congestions in main throughfares in the metropolis;

WHEREAS, the legalization of out-of-line routes does not only violate existing laws inland transportation but will also defeat the purpose of the establishment of the IntegratedTransport System to decongest traffic in Metro Manila and to restrict provincial buses and otherunauthorized public utility vehicles from entering EDSA;

WHEREAS, the issuance and implementation of the LTFRB Memorandum Circulars willdefinitely contribute to the traffic congestion being experienced within Metro Manila and willcounter the current and future efforts for the decongestion of Metro Manila;

WHEREAS, the implemetation of the LTFRB resolution on “No Apprehension Policy”alone has already contributed to the traffic congestion brought about by the increase of 80.67%of trucks in Katipunan Ave. fronting Ateneo de Manila University Gate 3, the increase of

2

60.52% of trucks along C5 – Bagong Ilog and the increase of 33.07% of trucks along C5-McKinley Hills, according to the recent survey of the MMDA;

WHEREAS, the suspension of the out-of-line apprehension would only legalize and spurthe proliferation of unauthorized vehicles which is inimical to the country’s economicdevelopment, completely disregarding numerous studies which say that the country is losingP153 B a year because of traffic congestion;

WHEREAS, the LTFRB has completely disregarded existing laws when it admittedlyfailed to consult the public and other concerned government agencies prior to the issuance of thedefective circular and resolution particularly the Administrative Code, Book VII which statesthat: “Sec. 9. Public Participation – (1) If not otherwise required by law, an agency shall, as faras practicable, publish or circulate notices of proposed rules and afford interested parties theopportunity to submit their views prior to the adoption of any rule” and Section 5(l) of ExecutiveOrder No. 202, creating the LTFRB, which states that the LTFRB shall “coordinate andcooperate with other government agencies and entities concerned with any aspect involvingpublic land transportation services with the end in view of affecting continuing improvement ofsuch services.”

WHEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to express thesense of the Senate that the Land Transportation Franchising and Regulatory Board (LTFRB)Memorandum Circular Nos. 2014-009 and 2014-010 and Board Resolution No. 05, Series of2014 are legally flawed; and directing the proper Senate committee to conduct an inquiry, in aidof legislation, on the issuances by the LTFRB, which together have resulted in unacceptabletraffic gridlock along Katipunan Avenue, Quezon City; C5 Bagong Ilog; and C5 McKinley Hills;investigating the legal bases, if any, of such suspicious and stubborn insistence wreakingirreversible prejudice to public transport safety but awarding benefits only to a few; andidentifying those responsible for violating the Administrative Code and Executive Order No.202, among others;

RESOLVED FINALLY, that proper disciplinary measures should be identified againstthose who have violated the law.

Adopted,

MIRIAM DEFENSOR SANTIAGO