Lawmaker wants colorum PUVs operator, owner jailed

MANILA, Philippines - If he would have it his way, a partylist congressman wants prison term and heavy fines for individuals who operate or own colorum public utility vehicles.

"One of the patent causes of road tragedies is the unabated and blatant operation of colorum or unauthorized public motor vehicles, which are considered as menaces that further clog our roads," ANGKLA partylist Rep. Jesulito Manalo said.

Under Manalo's House Bill 4086, or the "Anti-Colorum Act", an owner and operator of a colorum vehicle shall be meted out the penalty of imprisonment of prision correccional (six months and one day to six years) in its maximum period or a fine, or both, subject to the discretion of the trial court hearing the case.

The proposed measure also provides that P1 million fine be slapped on colorum buses, P200,000 for UV express units, P125,000 for taxis, and P50, 000 for jeepneys.

In the event that the owner or operator is a juridical person, the partners, in case of partnership, and the members of the board, in case of a corporation, shall be held liable, the bill states.

It also states that the driver's license of the person found driving the colorum motor vehicle, whether he is the owner or operator or the latter’s personnel, shall be immediately confiscated and suspended for a period of 12 months for the first offense and perpetually revoked for the second offense.

"Perpetual revocation should be understood to completely disqualify said driver from being granted any type of driver's license thereafter," Manalo said.

He added that the colorum vehicle used shall also be permanently confiscated by the Land Transportatioin Franchising and Regulatory Board.

HB 4086 also provides that all permits, franchises, or CPCs (Certificates of Public Convenience) issued in favor of the owner and/or operator of a PUV used and operated as a colorum, including those that pertain to other PUVs even not used and operated as colorum, shall be revoked.

"Further, the said owner/operator shall likewise be perpetually disqualified to operate any kind of public land transportation," the bill provides.

In case of a private vehicle used as colorum, Manalo said the owner or operator under the proposed law shall also be perpetually disqualified from applying and operating any kind of public land transportation.

"If the use of colorum motor vehicle resulted in another criminal offense punishable under the Revised Penal Code (RPC), such as, but not limited to physical injuries, damage to property and/or homicide, such use of colorum motors vehicle shall be considered as an aggravating circumstance," the bill states.

Manalo's measure also provides that if the offense as contained in the RPC also imposes a fine, the court shall order its imposition of a fine not less than P200,000 but not more than P1 million.

"It is unfortunate that amidst the many public land transport mechanisms presently in force, there are also numerous traffic and vehicular accidents that are encountered, most of which result in injury and even to loss of lives," Manalo said.

Manalo's bill has been referred to the House Committee on Transportation chaired by Catanduanes Rep. Cesar Sarmiento.