To regulate or not to regulate habal-habals?
The proposal by Councilor Dave Tumulak, while a very good safety suggestion, is not implementable simply because this law could be implemented only in Cebu City. So motorists riding from Talisay City to Mandaue City passing through Cebu City has to wear those bright colored green jackets so as not to be apprehended. Good thing Mayor Tomas Osmeña immediately acted on the complaint from many motorcyclists who could have been affected by this ordinance, especially those who are not from Cebu City that would have cause some kind of chaos.
Meanwhile, The Freeman yesterday came up with the news that Cebu City Mayor Osmeña would regulate habal-habals. But he runs the risk of violating the law because technically habal-habals cannot be regulated as a mass transportation system simply because they are unsafe and not insurable, according to the Land Transportation Office (LTO), which is right in its assessment. That is why no matter how long the habal-habals have been around, they could not be legalized.
However, my good friend Councilor Pastor Alcover Jr. has come up with an ordinance requiring habal-habal drivers and operators to pay a P250 to P500 annual registration fee. Ouch! Again, this ordinance could run against the laws on double taxation. Perhaps the LTO should also interpose its objection to this ordinance for the same reasons why it would not allow the registration of habal-habal motorcycles as a public transport.
At this point, let the Cebu City Council come up with its ordinances to regulate the habal-habals and if anyone files an injunction in the Supreme Court questioning the ordinance, let our legal luminaries give their tencents worth. Perhaps what is needed is for the City Council to come up with a sort of Task Force Habal-Habal so it could sit down with these drivers/operators and ask them what they think about the proposal to regulate habal-habals? It is better to consult these people before making laws that would affect them.
In the meantime, years ago when the habal-habals became a reality and was no longer a fad, I came up with a suggestion for habal-habal drivers to wear some kind of color-coded vests in order to identify that they belong to a particular barangay. But no one cared to listen. My idea was to identify habal-habal drivers to a particular locality so they won't be transferring from one barangay to another, a situation that is happening today. This way, we can also trace those habal-habal drivers who charge excessive fees.
If you didn't know yet, Cebu City is not alone in finding ways to regulate habal-habals … practically all over Cebu province has habal-habal motorcycles servicing the populace. I heard that Mayor Osmeña has been talking to that group that calls itself as "Angkas," which is a Grab taxi-type of motorcycle service. But then again, the issue here is one of legality. I just hope that this time, Cebu City would not jump into approving an ordinance without looking first whether or not it is implementable as a law.
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I have always believed that Supreme Court Chief Justice Ma. Lourdes Sereno had a better chance of surviving her impeachment complaint than her predecessor, the late Chief Justice Renato Corona because he was visibly targeted by then Pres. Benigno "PNoy" Aquino III and no one came out to take his side. In short, CJ Corona's position was doomed when Pres. PNoy Aquino targeted him for impeachment from the very beginning. Now the Yellows are crying for judicial independence … but as I pointed out to them, blame this on their idol, former Pres. PNoy Aquino for destroying the independence of the Judiciary when he had CJ Corona ousted from the Supreme Court.
In my reading, CJ Sereno had a better chance than CJ Corona because she literally went to town accepting speaking engagements here, there and everywhere to secure the sympathies of the people. Her huge mistake was accusing Pres. Duterte of being behind her planned ouster. Last Monday, Pres. Duterte lost his cool and declared to CJ Sereno: "I am now your enemy. You have to be out of the Supreme Court." In short, the die has been cast and it's only a matter of time when CJ Sereno is out of the SC.
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