The National Union of Peoples’ Lawyers (NUPL) hails the Supreme
Court decision temporarily restraining the Land Transportation Office (LTO)
from collecting fees for the October 2010 implementation of the radio frequency
ID (RFID) system. The decision was made public yesterday by the SC,just a month after the NUPL, representing
progressive partylists Bayan Muna and Anakpawis and transport group Pinag-isang
Samahan ng mga Tsuper at Operators Nationwide (PISTON), filed a petition with
the high court questioning the RFID of the LTO.
NUPL noted that the decision was very timely since LTO is already
collecting the fees from vehicle owners that will affect even small transport
operators. “It’s only a partial victory but we highly praise the Supreme Court
for issuing with dispatch the TRO”, Atty. Jobert Ilarde Pahilga, NUPL Deputy
Secretary General for Campaign and Advocacy, said in a statement.
Atty. Pahilga explained that although the SC is still to decide on
the merits of their petition, the SC in issuing the TRO already gave weight to
their argument that it was illegal and unjust for the LTO to collect fees for a
program that would be fully implemented only on October 2010. He is hopeful
that the SC will eventually sustain their arguments seeking to entirely
invalidate the RFID on constitutional grounds and patent violations of
procurement laws.
Among the grounds raised in the petition filed with the Supreme
Court is that the RFID project violated procurement laws as it was undertaken
without any bidding.It also imposes
additional fees without the approval of the National Economic Development
Authority (NEDA), and there was usurpation of legislative powers of congress as
LTO imposes additional requirement for the registration or renewal of
registration of vehicles which only congress can do so.It is also alleged to intrude and violate the
right to privacy of vehicle owners.
“As against the position of the LTO and other transport groups
favouring the RFID supposedly to put a stop to carnapping and the proliferation
of “colurum” vehicles, to enhance LTO collection system, and to deter and
apprehend smoke belchers, we submit that our arguments for nullifying the RFID
are stronger and will find approbation by the Supreme Court”. Atty. Pahilga
further said. “If the problem is the proliferation of “colorum” vehicles, carnapping,
smoke belching etc., what we need is tighter enforcement of existing laws, not
an ID system that will add to the burden of vehicle owners and small transport
operators.
