DOTr exec sued for closing 700 emission centers

MANILA, Philippines — Charges have been filed against a Department of Transportation (DOTr) official who was accused of summarily shutting down 700 private emission testing centers (PETCs) to give way to the establishment of private motor vehicle inspection (MVIS) centers.

In a complaint filed in the Office of the Ombudsman on Monday, Hilario Pitpit, a PETC owner and member of the Clean Air Movement of the Philippines (Campi), charged Transport Undersecretary Artemio Tuazon Jr. with usurpation of official function, grave misconduct and prejudicial conduct, and violation of Section 3(e) of the Antigraft and Corrupt Practices Act.

More raps

Aside from Pitpit, three other PETC owners have also filed administrative and criminal cases against Tuazon who they claimed was phasing out their sector in favor of private MVIS centers.

Campi said this would displace some 10,000 workers in 1,500 PETCs nationwide and make the vehicle registration process harder and more expensive.

As the DOTr’s undersecretary for administrative services, Tuazon, since November 2019, had issued resolutions canceling or revoking the permits of around 700 PETCs across the country although only the Office of the Undersecretary for Legal Affairs was authorized to do so. Limits of authority

Under Department Order No. 2019-14, Tuazon could only “resolve and issue a resolution on a motion seeking to reconsider a preventive suspension order” issued against an errant PETC, Pitpit said.

“Being a lawyer, he should have known the limits of his authority. The provisions as to the extent of his authority are very simple and explicit to understand,” he added.

While PETCs primarily conduct emission tests, one of the requirements for vehicle registration, MVIS centers focus on overall roadworthiness.

In a statement, the DOTr said it was “saddened” by the attempts of some groups to discredit and delay plans to modernize and reform the emission testing service which had become notorious for corruption.

“For the past years, the DOTr has been institutionalizing accreditation reforms in this industry to ensure that vehicles are compliant [with] safety, environment and roadworthiness standards. Most importantly, the changes being made are to keep our roads safe,” it said.

Within his power

It also defended Tuazon, saying it was within his power to issue revocations as the head of the Franchising Review Staff (FRS) and the Investigation, Security and Law Enforcement Service, “two distinct yet interconnected offices that aim to review the activities of the PETCs before the issuance of permits.”

“The (issuance of suspension orders) is not a penalty, but rather meant to prevent them from committing further illegal acts. After they submit their answer to the show cause, FRS shall evaluate the pictures and their answer. Only then will formal charges be filed against them,” it added.