Gov’t plan vs illegal transport opposed at SC

MANILA, Philippines – A move by the government to install equipment that will detect illegal public transport is being opposed by partylist and transport groups that have asked the Supreme Court to stop the implementation of the project.

The Radio Frequency Identification System (RFID), a P2.45 billion program of the Land Transportation Office (LTO), is seen to benefit transport groups because it will detect colorum or illegal and out of line public utility vehicles, thus increasing the income of legitimate drivers and protecting the public from unscrupulous drivers.

The LTO will require all motorists to install stickers containing a microchip that stores information about their vehicles. For a fee of P350.00 and validity of up to 10 years, RFID tags will be made available to at least 4,760,593 vehicles, which will generate about P1.6 billion in revenues for the government.

In its 55-page petition for certiorari and prohibition with application for temporary restraining order, petitioners which include Bayan Muna, Gabriela, Anakpawis, and Pagkakaisa ng mga Samahan ng Tsuper at Operator Nationwide (Piston), accused the LTO and Department of Transportation and Communications (DoTC) of violating the 1987 Constitution, citing intrusion into “people’s protected zone of privacy” as well as Republic Act 9184 or the Government Procurement Reform Act.

“The use of RFID tags is a threat to the right to privacy of citizens as the technology, given the proper configuration, may be used by government operatives or malicious elements for information gathering, tracking and surveillance especially since as per the LTO’s implementing rules, the tags will store “other data deemed necessary,” which is ambiguous,” petitioners said.

They also pointed out that there was neither sufficient information nor public advisory and wide public consultation on the project. “From all angles, this project does not pass muster. It would be more prudent for the government to shelve it for the meantime."

“In the interest of the public good and all related efforts in the fight against corruption in government, the RFID project should not be implemented. The illegality of the proceedings that led to its approval is too glaring. We are confident that the Supreme Court will see this and lay down a TRO against it,” they said.

According to the petitioners, the project did not pass through legal channels, including a public bidding process and review from the National Economic Development Agency (Neda).

Named as respondents were DoTC Secretary Leandro Mendoza, LTO chief Arturo Lomibao and Stradcom Corporation. They charged the respondents with committing alleged grave abuse of discretion amounting to lack or excess of jurisdiction: Mendoza, for approving the implementation of the RFID Project without public bidding and in violation of the above-stated procurement laws; Lomibao, for issuing the rules and regulations for the implementation of the RFID Project – in usurpation of the legislative power of Congress; and the and the DoTC-LTO for entering into a memorandum of agreement with Stradcom without authority.

“From the beginning, the project and its proponents violated laws designed to protect the government from wastage of public fund on the one hand; and on the other, the public – in this case the owners of motor vehicles – from having their hard-earned money squandered on for a project that has no proven benefit,” they said.

They also slammed the DoTC, saying that the agency has no power to impose the RFID as an additional requirement for registration of motor vehicles.

“The DoTC is usurping the power of the legislature of providing additional condition for the exercise of a privilege, if not a right. It’s beyond the authority of the DoTC and the LTO to impose new fees. The additional requirement of installation of RFID tag on all motor vehicles ought to be a matter provided for by law passed by Congress. And no such a law exists,” the petitioners pointed out.