Street Garage: A Special Report on Cebu’s Illegal Overnight Road Parking

The illegal parking of vehicles – particularly overnight parking in the interior roads of barangays – has become the cause of many problems. Aside from annoying some people, illegally parked vehicles also contribute to tragedy, especially during fires, since these block responding fire trucks from reaching the fire scene.

There are many people who own vehicles but do not have a garage. This is the reason why these vehicle owners are forced to park their cars along the road or at the sidewalks. The parking of vehicles along the road is prohibited, but there is no specific law that requires private vehicle owners to have a garage for their vehicles.

It is a different story, however, when it comes to public utility vehicles (PUVs).

The Land Transportation Franchising and Regulatory Board (LTFRB) already issued several memorandum circulars requiring the operators of PUVs like passenger jeepneys, taxis, van-for-hires and cargo trucks to have their own garage for their units. But despite the memorandums by the LTFRB, many PUV operators still failed to comply with the requirement.

LTFRB’s Memorandum Circular 2011-012 provides guidelines for PUV operators to secure a garage for their units, otherwise they shall be subjected to disciplinary sanctions or penalties.

The memorandum circular, issued by then LTFRB Chairman Jaime D. Jacob, required PUV operators to present a proof of ownership or right of possession of a garage for at least five years. It also provides that the total parking area must be equivalent to 35 square meters per unit for buses, 20 to 25 square meters per unit for passenger jeepneys and 15 square meters per unit for taxis.

During the application for a franchise at the LTFRB, the operators are required to submit a photograph or a sketch of their garage, but the LTFRB officials will no longer conduct an actual inspection of the garage.

LTFRB-7 Regional Director Ahmed Cuizon said he only has 17 personnel, which is why his office does not have a team that will ensure that PUV operators comply with the provisions of the law.

“Wala g’yud ko’y mga personnel nga makahimo og inspection kon tinuod ba nga ang franchise applicants dunay garahe alang sa ilang mga sakyanan mao nga nagsalig ra g’yud tawon mi sa local traffic enforcers ug sa tabang sa local government units,” Cuizon explained.

The circular also tasked the LTFRB regional directors to conduct inspections of the garage of all public utility vehicles within their territorial jurisdictions at least once a year and to submit an annual report to the board.

Cuizon, however, said they are only prioritizing the inspection of the garage of fleets because “inspecting all garages of taxis and PUJs is not possible.”

The circular also provides that those PUV operators whose garages are found to be non-compliant to the guidelines shall be subjected to disciplinary sanctions. “Franchises of units which cannot be accommodated in the garage shall be cancelled,” the order reads.

LTFRB-7 records show that as of December 2012 the regional office has issued franchises to 2,143 buses that are operating in different places in Central Visayas; 12,611 passenger jeepneys; 5,161 taxi units; 1,829 vans for hire; 485 tourist transports; 10 shuttle transports; 5,595 multicabs; 339 school transport and 3,186 trucks for hire. This brings the total number of public utility vehicles in the region to 31,386.

When this writer visited several barangays in the city at 3 o’clock in the morning Wednesday last week, several PUVs were seen parked along the road.

There were PUVs parked along the national road, across the Marco Polo Plaza Hotel in Barangay Lahug, as well as in Sitio Maracas, also in Lahug. A PUJ was seen parked along the road in Regla Street in Barangay Mabolo, and a public utility van was seen parked near the LTFRB office at the North Reclamation Area. A cargo truck and two vans were also parked near the Tejero Barangay Hall. Two other PUJs were also parked along Bonifacio Street at P4:30 a.m.

Even a city-owned Kaoshiung bus (SCP-944) was parked overnight in a “No Parking Area” in front of the Parian Drop-In Center along Sikatuna Street. Another PUJ was also seen parked along P. Del Rosario Extension at 5 am.

A mayor of a town in southern Cebu maintains a garage for his fleet of PUJs along V. Rama Avenue, but three of his jeepneys were seen parked along the road because these can no longer be accommodated inside the garage.

“Puno na kaayo sir, dili na masulod,” said one of the two persons guarding the units.

When personnel from the Department of Public Works and Highways (DPWH), assisted by CITOM enforcers, conducted an operation against illegal parking along Katipunan Street and V. Rama Avenue last Wednesday, over 20 vehicles were apprehended.

CITOM’s executive officer Rafael Christopher Yap explained that he wants to intensify the drive against vehicles that are parked overnight along the roads, but he is not sure if his request for two tow trucks will be granted by City Hall officials.

Why is this happening despite the LTFRB requirement of a garage for PUVs? The usual practice of some PUV operators is that they prepare a garage for their units while they apply for franchise at the LTFRB, but when the application is already approved these operators will convert their garage to commercial areas.

To check on the garage of a franchise applicant, this writer asked for a sample applicant from the LTFRB and then visited the garage of the franchise applicant in Barangay Mabolo last Monday. There, this writer saw that the area that is supposed to be the garage cannot accommodate all the PUJs of the concerned applicant.

The officials of the Land Transportation Franchising and Regulatory Board (LTFRB) can revoke or cancel the Certificates of Public Convenience (CPC) of public utility vehicle (PUV) operators if found out that they submitted fake or spurious documents to support their applications for franchise.

The LTFRB chairman Winston Ginez issued Memorandum Circular 2013-003 last July 15, 2013 directing all LTFRB officials and employees to report immediately to the board or to the regional director once they discover fake or spurious documents and or misrepresentations.

LTFRB-7 Regional Director Ahmed Cuizon said the fake and spurious documents mentioned by Ginez also cover the practice of some operators of public utility vehicles who claim that they have a garage for all of their vehicles but actually do not or have a garage but have converted the area for commercial purposes.

In its website, the LTFRB officials said that among their goals for this year is to ensure that PUV operators will fully comply with the requirements to have a garage for their vehicles and to encourage operators to adopt improved maintenance practices, as well as ensure that they have the space to keep their off-duty vehicles off from public areas.

It has been the practice of PUV operators who do not have enough garage space for their vehicles to allow their drivers to bring the units they are driving to their respective homes. This could be one of the reasons why there are several passenger jeepneys and taxis that are parked along the roads overnight.

An owner of passenger jeepneys plying the Lahug-Carbon route, who used to park his vehicles by the roadsides at night, had decided to rent a vacant space in Barangay Lahug to use as a garage after traffic enforcers threatened to tow his vehicles for being road obstructions.

There are also several PUV operators who lease spaces in gasoline stations where their vehicles can be allowed to park overnight.

The national highway in Barangay Busay near the Marco Polo Plaza Hotel becomes the longest parking area for both public and private vehicles at night, a proof that there are really a lot PUV operators as well as private vehicle owners who do not have parking spaces for their vehicles.

There are also PUV operators who sold some of their vehicles without informing the LTFRB to ensure that the concerned new owner of the vehicles have garage space for their units.

Still, some PUV operators allowed their trusted and favorite drivers to own their respective units through staggered payments.

LTFRB’s Cuizon said the public is requested to report to them public utility vehicles that are parked along roads obstructing traffic.

Cuizon plans to suggest to the LTFRB central office that PUV operators shall be required to present certifications from the barangay captains when they apply for a new franchise, and when they renew their existing franchises, to prove that they really have garage space for all their vehicles.

The LTFRB requires PUV operator to have garage space of at least 20 to 25 meters for every jeepney that they own, 35 meters for every bus or cargo truck and at least 15 meters of garage space for each taxi unit.

But Cuizon admitted that while he is very eager to strictly implement the rules that prohibit PUV operators to just park along roads, the lack of personnel stops him from doing so.

He encouraged local government units to be the one to enforce the law for the sake of the safety of their constituents.

There are also calls from law enforcement agencies, as well the Bureau of Fire and Protection that the law prohibiting parking along roads should also cover private vehicles.

Unauthorized Use of Plates

Meanwhile, another problem that LTFRB officials are faced with is the illegal transfer of license plates, especially among PUVs.

The office has received information that there are PUV operators who transfer the license plates of a particular bus, jeepney or taxi to other units, especially in cases when the original unit is not serviceable.

Cuizon said he also received reports that there are some public utility vehicles operating in the region that are using duplicated license plates. This illegal activity of some operators is popularly known as “kambal” or twin, wherein two vehicles are using the same plate number to make it appear that one is legally registered.

The Land Transportation Office (LTO) issues two sets of plate numbers for each registered four-wheeled vehicle, one of which will be installed in front of the vehicle, while the other at the rear portion of the vehicle.

But some unscrupulous PUV operators do not use the plate for the rear portion and instead use improvised plates.  The plate intended for the rear part of the registered vehicle is then use as a front plate of another vehicle.

“Mao kana nga sagad makakita ka nga dunay mga bus ug mga PUJs nga original plate ang anaa sa atubangan apan improvised plate ang sa luyo. Kon tan-awon nimo makapakita ‘sab na sila og papeles pero giisyu na sa laing sakyanan,” an insider at the LTO-7 revealed.

In April 10, 2006, the LTFRB issued a Memorandum Circular 2006-025, which provides that PUV operators caught illegally using for-hire plates or the use of authorized plates for another vehicle or unit shall be subject to cancellation of all franchises of his units and the operator shall be perpetually barred from acquiring vehicle’s franchise.