SAY NO TO VAT ON TOLL FEES

NO HOLDS BARRED (064) April 25, 2010
By Ike Señeres

SAY NO TO VAT ON TOLL FEES

I interviewed Senate President Juan Ponce Enrile in my TV show and he said on the air that the proposed VAT on toll fees by the BIR is not only unconstitutional, it is also very much like a tax on tax, meaning that it is also a form of double taxation.

As a way of explaining his point, Senator Enrile said that if the government itself builds the roads, it does not and it could not impose taxes on the users because roads are supposed to be public property on one hand, and roads are supposed to be considered as public services on the other hand. Having said this, he explained further that toll road operators build roads as toll ways for and on behalf of the government, meaning to say that the toll operators are just agents acting on behalf of the government but the actual builder is no other than the government itself.

Explaining it further, Enrile said that under the Build-Operate-Transfer (BOT) scheme, the government is the deemed owner of the roads at the outset, until it becomes the full owner once the roads are turned over. In the meantime, the government allows the operators to collect the equivalent of taxes by way of payments in the form of toll fees so that the operators could be paid on an installment basis. Using this as the prevailing logic, he argued that since it is as if the government is the actual builder of the roads under the BOT scheme, it should not collect any more additional taxes.

I am happy to note that Enrile supports the advocacy of the National Council for Commuter Protection (NCCP) to oppose the imposition of taxes on top of the toll fees. Even if it is very busy campaigning for the coming election as party list number 163, the leaders and members of the NCCP still find the time to campaign against the proposed tax on tolls.

The NCCP specifically works for the benefit of commuters, but as a natural consequence, it also works for the benefit of consumers, because in effect the commuters are the buyers of transport services. Pushing this logic forwards, the NCCP also argues that if and when taxes are imposed on toll fees, not only the transport fares will go up, the prices of goods will also go up, triggering a domino effect that will affect everyone in society.

In the course of the interview, Enrile also said that under the theory of governance, the government is not supposed to impose taxes on the goods and services that it is duty bound to deliver, and these should include water and electricity among others, according to him. He said that this is the reason why he is fighting for the removal of taxes on water and electricity bills.

Aside from being a good lawyer, Enrile appears to be also a good economist, and he uses his knowledge of law and economics to rationalize the imposition of taxes, for the common good. As an example of this, he also took the time to argue that when he passed the law that abolished the payment of taxes on incomes earned abroad, the government eventually benefited in the long run, because as a result of the law, remittances went up.

Ms. Elvie Medina, the founder of the NCCP, also appears to be good in economics, as it relates to the prices of goods and services. She argues that it is a good idea to give incentives to the operators of transport services, because she says that this will result in a three-in-one combination, explaining along the way that this will not just make our transports newer and safer; it will also make the fares cheaper.

On the subject of safety, Ms. Medina says that the NCCP not only campaigns for safer vehicles, it also campaigns for better liability insurance coverage for all commuters that are using public transports. Apparently, the airlines and the shipping lines already have basic coverage, but the land transports appear to be lacking in this regard. She added that victims of accidents have the rights to better and higher liability coverage.

Still on the subject of safety, Ms. Medina laments the fact that it is always a big issue when airplanes crash or when ships sink, but very little attention is given when busses collide or when they fall into ravines. She says that one way to minimize bus accidents is to require special licensing for bus drivers, adding that the NCCP will push for new laws in support of this advocacy if and when it will win as party list number 163. After some confusing news reports, it is now clear that NCCP has not been disqualified as a party list, and it remains in the ballot as 163.

Watch KA IKING LIVE! Thursdays 7pm to 8pm in Global News Network (GNN), Channel 21 in Destiny Cable. Email iseneres@yahoo.com or text +639293605140 for local cable listings. Visit senseneres@blogspot.com

BETWEEN CONSUMERS AND COMMUTERS

NO HOLDS BARRED (063) April 21, 2010
By Ike Señeres

BETWEEN CONSUMERS AND COMMUTERS

It’s amusing how people would tend to confuse the advocacies of consumers and commuters, but on second thought, these two causes are actually very much intertwined with each other. Just to prove my point, it could be said that commuters are consumers too, because they are in effect the customers of all kinds of transport services.

As part of its continuing efforts to improve its daily programming, Global News Network (GNN) has asked me to define the main thrusts of my show, so that these could be promoted in the daily merchandising plugs. In response, I choose consumer promotion, commuter protection and environmental action as my main subjects of discussion.

From the time that the National Council for Commuter Protection (NCCP) was founded about five years ago, I have already fallen in love with its advocacies. I wish NCCP all the good luck as it fields its nominees for Congress for the first time, as party list number 163 in the ballot. If you are a commuter of any kind, I encourage you to support them.

Normally, it is generally understood that commuters are the people who take public transports as they go from one place to another. In the perspective of the NCCP however, the people who own their own cars and who pass through the toll roads are also commuters and it is for this reason that the organization is also opposing the increase of toll fees every time the issue comes up. For the record, the NCCP has already done this once, as it was able to oppose the last proposed increase of the SLEX toll fees.

I do not know what has gotten into the head of our government planners, but they are now proposing the imposition of VAT over the SLEX and NLEX toll fees. I see this proposal as a form of double taxation, and I am glad that the NCCP has again picked up the cudgels to oppose this plan.

In theory, the people are paying taxes with the expectation that the government will build the roads that they need, using the taxes that they have paid. In reality however, the government collections go to the wrong purposes, and that is the reason why toll roads have to be allowed.

Looking at it from one angle, we could say that the people are kind enough to be willing to pay for the toll fees, just to be able to use the privately funded toll roads that should have been built with public funds in the first place. Looking at it from the opposite angle, we could also say that the government is cruel enough to think about imposing new taxes on the use of roads that should have been built with public funds in the first place. It is easy to say that this is a form of double taxation, but I a manner of speaking, we could also say that this is actually a form of double jeopardy.

The advocacies of the NCCP are very popular, and I would say that for as long as these are brought to the attention of the people, this party list would surely win, and its nominees would surely sit in Congress. It would be good if this would really happen, but I know for sure that win or loss, the NCCP will continue to fight for its advocacies whether or not they will have people in the Congress.

If you would like to express your support for NCCP as a party list, you could go online and register at http://nccp.webs.com. You could also contact NCCP by sending a text to 09276330526 or by calling up 331-6227. You could also send a fax to 559-3381.

As commuters of any land, air and sea transport, we should all know our rights. If you think that your commuter rights have been violated one way or the other, please request an incident report from the NCCP. If your complaint is due to land transports, you could send your complaints directly to LTFRB at phone number 426-2519.

It is unfortunate that the party list of the people with disabilities (PWD) has been disqualified in the coming election. Fortunately however, the concerns of the PWDs as commuters are included in the advocacies of the NCCP. It is for this reason that the nominees of the NCCP have vowed to carry on the mantle for the PWD sector if and when they make it to the Congress. If you or anyone in your family belongs to the PWD sector, I would encourage you to support the NCCP party list in the meantime, until your sector will have the chance again in the next election to field your nominees.

Watch KA IKING LIVE! Thursdays 7pm to 8pm in Global News Network (GNN), Channel 21 in Destiny Cable. Email iseneres@yahoo.com or text +639293605140 for local cable listings. Visit senseneres@blogspot.com

BENCHMARKING OF COMMUTER SYSTEMS

NO HOLDS BARRED (062) April 14, 2010
By Ike Señeres

BENCHMARKING OF COMMUTER SYSTEMS

Mr. Alberto Cardenas wrote to say that when it comes to commuter systems, it is a matter of benchmarking the systems of other countries where these are good, and then compare these with what we have here in the Philippines. He was reacting to my earlier article about modern transport terminals. He added that where we see tried and tested systems; we should adopt these in here in our own country.

As examples, Mr. Cardenas cited the transport systems of other countries such as the United States, Japan, Singapore, Thailand, Cambodia, France and China. In particular, he mentioned the transport systems of Las Vegas, Ft. Lauderdale, Hong Kong and Paris where the rides from the airports could easily connect to the hotels, malls, schools, government buildings, tourist spots and other important destinations. He added that in Thailand and Cambodia, the river transports are connected to the land transports.

Moving on, Cardenas said that even if we have the nautical highways from Batangas to Mindanao and the sea routes that go to the south, the interconnection to the land transports are not efficient, and because of that, good mobility is hampered due to the lack of efficiency. He also said that even if the connections are actually there, the commuters normally do not know how to connect from the ports to their land based rides, suggesting in the process that the government should really improve its efforts to spread this information to the general public.

Touching on a subject that is close to my heart, Cardenas complained that there are no clean comfort rooms along the way and no good places where the commuters could get affordable and clean food for all religions, saying in particular that Moslems are also commuters and yet they have no access to foods that are certified to be compliant with Halal specifications.

The list goes on, according to Cardenas, because our transport systems are also poor in directional signs and safety signs, making it very clear that these are two distinct concerns. In closing he said that our transport systems are very poor in giving out information about the schedules of ships, busses and other land transports.

Out of curiosity, I asked Cardenas if he was familiar with the advocacies of the National Council for Commuter Protection (NCCP), the party list that is now fielding nominees for Congress. NCCP is listed in the ballot as party list number 163. To my surprise, he said that he has not heard of NCCP 163, but he was glad that there is now a party list that is fighting for the rights of commuters along his ways of thinking.

As I shared the suggestions of NCCP 163 to the party list leaders, they immediately approved the idea of establishing a “Commuter Channel” initially in the Internet via the video streaming, but eventually through the local community cable systems. Watch out for this new channel as it will debut in a few weeks.

In line with their commuter related advocacies, NCCP 163 has recently established an online registration system at http://nccp.webs.com where commuters could submit their names and other information. Eventually, the system will also be used for accepting commuter complaints. Please visit this website, and ask others to do the same.

NCCP 163 has also published a primer about the rights of commuters. To get a copy of this primer, you can text 09276330526 or call 331-NCCP (331-6227). If you have complaints about the violations of your commuter rights, you can fax your complaints to 5593381.

The Land Transportation Franchising and Regulatory Board (LTFRB) now also receive complaints directly from the commuting public. Just fax your complaints to 426-2519, to the attention of LTFRB Chairman Bert Suansing. NCCP 163 is in effect functioning as the NGO partner of LTFRB.

Congratulations to Mr. Al Cusi who was recently appointed as the Director General of the Civil Aviation Authority of the Philippines (CAAP), with the rank of Assistant Secretary. This new agency takes over the functions of the old Air Transportation Office (ATO). According to the NCCP 163 leaders, they are looking forward to working closely with Mr. Cusi as well, because airline passengers are also considered as commuters.

Watch KA IKING LIVE! Thursdays 7pm to 8pm in Global News Network (GNN), Channel 21 in Destiny Cable. Email iseneres@yahoo.com or text +639293605140 for local cable listings. Visit senseneres@blogspot.com

MODERN TRANSPORT TERMINALS

NO HOLDS BARRED (061) April 05, 2010
By Ike Señeres

MODERN TRANSPORT TERMINALS

Commuter protection appears to be a broad concept, because anything and everything that concerns the safety and the wellbeing of commuters is included in the scope of this public issue. And to that the fact that almost 100% of the population are commuters of some form or another, exempting only the very few rich families who travel in their own private yachts and private jets, and you have a hot issue that cuts across the entire nation.

Since I started advocating the gospel of commuter protection, I received two interesting feedbacks that I want to share with all of my readers. I want to share these feedbacks because I have not thought about these suggestions myself, or at the very least, I had not originally connected these specific ideas to the general concept of commuter protection.

Mr. Abe Cordero, an Internet entrepreneur said that aside from lowering transport fares and stopping toll fee increases, the National Council for Commuter Protection (NCCP) should also campaign for the modernization of public transports and transport terminals for air, sea and land travel, for both the rural and the urban areas.

Additionally, Dr. Cora Claudio, an environmental expert said that the NCCP should also campaign against the bad practice of taking sidewalks and coastal walkways away from the public domain, only to be given to private companies who own shopping malls and other buildings. Apparently, she is referring to actual cases wherein some local government officials have forsaken the public interest in order to favor the big business owners who pursue their own private interests.

Directly or indirectly, Mr. Cordero and Dr. Claudio are correct in saying that their suggestions have something to do with commuter protection. I happen to know that NCCP, now running as party list number 163 in the coming elections would rather talk about what they have done in lowering fares and stopping toll increases rather than make new promises, but I believe that these two feedbacks are really worth considering.

Ms. Princess Umali, a development specialist says that she is very happy to have finally found her personal party list in NCCP 163, which is apparently her own indirect way of saying that she is a commuter too, and what she means is that she is happy that finally, a party list has decided to represent her as a commuter, perhaps in land based transports, because she works in the metropolitan area.

Mr. Thomas Lee, a business consultant sees the advocacy of NCCP 163 as a struggle for the poor people of this country, because according to him, most of the people who commute here are poor, meaning that they could not afford to buy their own transports in order to move around. He is absolutely correct, except for the fact that NCCP 163 is also helping the private car owners who use the toll highways, regardless of whether they are from the middle class or from the higher classes.

Ms. Elvie Medina, the founder of NCCP 163 says that one of the advocacies of her party list is to pass a law that would give incentives to the duty free importation of modern busses. At first glance this would appear to be favoring the bus owners instead of the passengers, but she explained that what is good for the bus owners is also good for the passengers, because the said law would lower the costs of the bus business, in which case it could possibly also lower bus fares as a consequence.

Mr. Cordero and Ms. Medina do not know each other, but it seems that they both see the importance of having more modern transports to replace what we have now, not just for convenience, but also for economy. Dr. Claudio does not know Ms. Medina either, but it seems that they both see the connection between the pedestrians who use the sidewalks and walkways, since after all; these very same pedestrians are also the commuters.

Mr. Alex Condillo, a nominee of NCCP 163 is a businessman who practices what he preaches. Together with some investors, he is already in the process of building a modern transport terminal in a congested section of the metropolis. Of course, Mr. Condillo and Mr. Cordero also do not know each other, but it seems that their mental telepathies have crossed each other, one solid proof that the good ideas of good people could really converge.

Watch KA IKING LIVE! Thursdays 7pm to 8pm in Global News Network (GNN), Channel 21 in Destiny Cable. Email iseneres@yahoo.com or text +639293605140 for local cable listings. Visit senseneres@blogspot.com