(Photo courtesy of LTFRB)
After issuing a stern warning against operating illegal truck-for-hire and other delivery services, the Land Transportation Franchising and Regulatory Board (LTFRB), under the guidance of Department of Transportation (DOTr) Secretary Giovanni “Banoy” Z. Lopez, has further strengthened the guideline in pursuing legal offensive against colorum transport services.
Acting LTFRB Chairman Atty. Greg G. Pua, Jr. said the crackdown order to the Law Enforcement Unit will have special focus on those engaged in providing delivery services to online shopping platforms without the government-mandated permits from the agency.
“We have already consolidated all the legal foundations of our campaign against colorum delivery services in order to ensure that all the cases that we would file are airtight and high assurance of conviction,” said Acting Chairman Pua.
This is in line with the instruction of President Ferdinand “Bongbong” R. Marcos, Jr. to implement fair rules and regulations to ensure that the interest and welfare of those in the transport sector are protected.
The LTFRB has an existing memorandum circular that governs the conduct of operations against colorum vehicles in public transportation and delivery services.
Acting Chairman Pua said their focus now is on the case build-up and criminal prosecution aspect of the operation in response to the complaints and request for assistance from legitimate delivery service operators.
He said all the LTFRB’s enforces were already subjected to reorientation wherein it was stressed that the agency has the right to impound colorum vehicles based on the Legal Opinion of the Department of Justice in March this year, which stated that the right to impound by the LTFRB is constitutional and reinforced by at least two Supreme Court decisions.
One of them was the case of the Republic of the Philippines vs. Maria Basa Express
Jeepney Operators and Drivers Association, Inc. wherein the High Court affirmed the validity of Joint Administrative Order 2014-01 and LTFRB’s authority to apprehend “colorum” vehicles.
“While LTFRB under existing law, does not have express powers to impound colorum vehicles, its authority to do so can be premised on Joint Administrative Order No. 2014 01, which has been recognized by the Supreme Court to be valid and constitutional,” the Legal Opinion, signed by DOJ Secretary Fredderick A. Vida read.
Acting Chairman Pua also warned operators of colorum delivery services of the existing policy that impounded colorum vehicles can only be released by a court order, even if the fine is already paid.
The fine for operating colorum vehicle is P200,000 per unit, and could go up to P 2 million in cases that the existing law against foreign ownership of the transport services is violated.
Acting Chairman Pua also warned colorum operators that they, along with the drivers, could be penalized by a maximum of 12 years in prison for the offense based on Republic Act 11659 which amended the Commonwealth Act 146, or the Public Service Act.
The LTFRB is expected to conduct a full-blown crackdown against colorum delivery services after it is done consolidating the list of the delivery partners of at least five popular online shopping platforms such as Lazada and Shopee.
“So this early, we as, and at the same time warn, those engaged in illegal delivery services to refrain from doing it now for your own sake because we will not hesitate to file as many criminal cases against all those involved,” said Acting Chairman Pua.
“What we can assure you is that the LTFRB is ready to assist anybody to legalize their operation. That is the commitment our commitment to those who are engaged in this illegal activity,” he added.
