It's about time!

So, this law became effective at around August 2014.  I only had a chance to read it now.  The Philippine Lemon Law!

This is great news for car buyers.  

http://www.gov.ph/2014/07/15/republic-act-no-10642/

Based on a quick read:

1. Brand new cars (up to 12 mos or 20,000kms) are covered.

2. A car is a lemon if after four attempts at repairs, the problem is still there.

3. A buyer of a suspected lemon needs to notify the dealer in writing that he is availing of the rights under the lemon law.

Good stuff.  

Do the hefty Philippine customs taxes violate the GATT

One thing very evident to Filipinos who spend some time living/working/studying in developed countries is that consumers get a lot more protection than back home.

For instance, no store will refuse returned goods. Generally, explanations are not necessary.  However, in the Philippines, returns are frowned upon and tedious.  Worse, store policies are frequently that they will only allow an exchange, not strictly speaking a return.

There is also a difference in prices.  Discounts and bargains for high quality products abound.  With the advent of Amazon, costs have gone even lower to the benefit of consumers.

Yet, for those in the Philippines who try to be smart with their money and make purchases through amazon, customs levies hefty tariffs, that can be equal or more than the value of the product.  I was just wondering then, if there is any sort of GATT violation.  I also wonder why Amazon or similar companies don't set up in the Philippines.  China, which claims to still be a developing country has Alibaba -- a counterpart for Amazon.  Maybe the problem is just as nebulous as why Filipinos don't get good consumer protections.

Boracay's infamous auxiliary police

We had a run in with the po po, stood up to them and found ourselves being praised by the locals for resisting an abusive and hated local "auxiliary police".

While waiting for a boat to take us out to the helmet dive, my wife fired up a cigarette. Someone approached and told her she's not allowed to do that there. She killed it, wrapped it in paper and put it in her handbag.


Before we knew it there were, about ten (10), yes, ten! others in green uniform surrounding us. One was saying he was going to write a ticket and we needed to pay a fine. I politely asked if they could send us off with a warning since we put it out right away. They were in no mood to do so.


Now, note there were ten of them and it started to feel like they were out to bully. So we dug into our knowledge of the law and asked them who they were and by what authority were they waltzing around like the gestapo. That seemed to irk them and they shoved an ordinance in our faces and claimed to be the "auxiliary police" (I will call them auxi po po) under the Mayor's office. We read the ordinance and noted that it didn't say anything about fining persons who light up a cigarette in that area. The whole situation seemed so bizarre and their authority so questionable. We firmly told them that we want to talk to the police or at least to their superiors. Then there was an exchange of strong words both ways.


Note: by this time, our boat left us and our short time in Boracay was slipping away in a really distressful manner. We noticed that a lot of tourists and locals stopped to watch our little commotion.


Two PNP officers arrived. We spoke to them and they agreed that it shouldn't be a problem to send people off with a warning. When they mentioned that to the auxi po po, the indignant group, looking like enraged hooligans retorted that the ordinance does not say anything about warnings. They didn't seem to respect the real cops.


The auxi po po then said they want to take us to their office and we can talk there. I was aghast and said that they have no power to arrest and there's no way we'll go with them (ten of them!). They seemed to hate us all the more and seethe in anger.


Thankfully, this was the point that things were about to turn for the better. I decided to phone a friend who then talked to the PNP officers through my phone. After the conversation, the PNP officer directed the horde of auxi po pos to leave and for only one or two to remain. Then shortly thereafter, the head of the auxi po po arrived. He was level headed and quickly apologized for the trouble after a short conversation with us. He and the PNP officers were neutral at first but after hearing from the auxi po po, sided ever so clearly with us. I pointed out to the auxi po po, who was beginning to calm down being away from his wolf like pack, that they have some serious violations for surrounding us like a band of hyenas. Just like that, he extended a hand and apologized. He said that if only it was he who "apprehended" us, he would have been more polite. His boss cut him off and said not to even use the term "apprehend". The head of the auxi po po asked if he could apologize in behalf of his men and told them not to disrupt tourists vacations over small matters specially if there is compliance as in our case. We accepted his apology, shook hands and sought to re-start our vacation and just forget the unpleasant incident.


As we walked away, the PNP officers lamented to us that the auxiliary police often act like they are superior to the real cops. I told him that it's so dangerous for them to be given similar authority as the cops because they don't go through the same training and may not even be put to the same psychological examinations. They move around like thugs, with arrogance reeking through their pores.


Little did we know that we just scratched the surface. As we went on with our vacation, locals (who saw the incident) would randomly confide with us about horrifying incidents with the auxiliary police. One even told us that a poor local was "caught" smoking and could not pay the Php500 fine. The auxiliary police then forced this poor person to walk the length of the beach and pick up cigarette butts. She was only allowed to stop after filling a container made from a used plastic two liter container. They were amazed that we "stood up" to them. We became sort of the local story to tell, at least for the day.


The abuses of the auxiliary police are beyond ridiculous, they're sordid. I dispute the wisdom of having the auxiliary police and seriously doubt the legality.

No midnight appointments: Musings on executive order no. 2

So now Pnoy (Pres. Noynoy Aquino) has followed through on his objective to do away with all the midnight appointees of his predecessor.

Executive Order No. 2 was inked and signed specifically to recall withdraw and revoke all midnight appointments.

There is a thorny bit to this EO though. The definition of midnight appointments is rather expansive.

The ban on appointments for president GMA started at about 11 March 2010. Interestingly, Pnoy includes those who were appointed even before that date but accepted or took their oath after the said start of the ban.

So take for instance an individual who was travelling abroad for business or leisure and receives word that he was appointed on 1 March 2010 well before the ban. But because he is out of the country he did not take his oath or get to begin serving until after 11 March 2010.

Because of Pnoy's expansive definition, his appointment will be recalled, withdrawn and revoked.

To make matters worse, what if he had left a government post in order to accept his new appointment. Then he would be out on the street.

Midnight appointments are really a no no. They are prohibited by our Constitution. Yet, I hope the guidelines can take situations like this into account so as not to be too expansive.

Executive Order No. 2 - Full Text

MALACAÑAN PALACE

MANILA

EXECUTIVE ORDER NO. 2

RECALLING, WITHDRAWING, AND REVOKING APPOINTMENTS ISSUED BY THE PREVIOUS ADMINISTRATION IN VIOLATION OF THE CONSTITUTIONAL BAN ON MIDNIGHT APPOINTMENTS, AND FOR OTHER PURPOSES.

WHEREAS, Sec. 15, Article VII of the 1987 Constitution provides that “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service of endanger public safety.”;

WHEREAS, in the case of “In re: Appointments dated March 30, 1998 of Hon. Mateo Valenzuela and Hon, Vallarta as Judges of the Regional Trial Court of Branch 62 of Bago City and Branch 24 of Cabanatuan City, respectively” (AM no. 98-5-01-SC Nov. 9, 1998), the Supreme Court interpreted this provision to mean that the President is neither required to make appointments nor allowed to do so during the two months immediately before the next presidential elections and up to the end of her term. The only known exceptions to this prohibition are (1) temporary appointments in the executive positions when continued vacancies will prejudice public service of endanger public safety and in the light of the recent Supreme Court decision in the case of, De Castro, et . al. vs. JBC and PGMA G.R No. 191002, 17 March 2010, (2) appointments to the Judiciary;

WHEREAS, Section 261 of the Omnibus Election Code provides that:

“Section 261. Prohibited Acts. – The following shall be guilty of an election offense:

(g) Appointments of new employees, creation of new position, promotion, or giving salary increases. – During the period of forty-five days before a regular election and thirty days before a special election.

(1) Any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, except upon prior authority to the Commission. The Commission shall not grant the authority sought unless, it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election.

As an exception to the foregoing provisions, a new employee may be appointed in the case of urgent need:

Provided, however, that notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any appointment or hiring in violation of this provision shall be null and void.

(2) Any government official who promotes or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations.”;

WHEREAS, it appears on record that a number of appointments were made on or about 10 March 2010 in complete disregard of the intent and spirit of the constitutional ban on midnight appointment and which deprives the new administration of the power to make its own appointment;

WHEREAS, based on established jurisprudence, an appointment is deemed complete only upon acceptance of the appointee;

WHEREAS, in order to strengthen the civil service system, it is necessary to uphold the principle that appointments to the civil service must be made on the basis of merit and fitness, it is imperative to recall, withdraw, and revoke all appointments made in violation of the letter and spirit of the law;

NOW, THEREFORE, I, BENIGNO S. AQUINO III, by virtue of the powers vested in me by the Constitution as President of the Philippines, do hereby order and direct that:

SECTION 1. Midnight Appointments Defined. – The following appointments made by the former President and other appointing authorities in departments, agencies, offices, and instrumentalities, including government-owned or controlled corporations, shall be considered as midnight appointments:

(a) Those made on or after March 11, 2010, including all appointments bearing dates prior to March 11, 2010 where the appointee has accepted, or taken his oath, or assumed public office on or after March 11, 2010, except temporary appointments in the executive positions when continued vacancies will prejudice public service or endanger public safety as may be determined by the appointing authority.

(b) Those made prior to March 11, 2010, but to take effect after said date or appointments to office that would be vacant only after March 11, 2010.

(c) Appointments and promotions made during the period o f 45 days prior to the May 10, 2010 elections in violation of Section 261 of the Omnibus Election Code.

SECTION 2. Recall, Withdraw, and Revocation of Midnight Appointments. Midnight appointments, as defined under Section 1, are hereby recalled, withdrawn, and revoked. The positions covered or otherwise affected are hereby declared vacant.

SECTION 3. Temporary designations. – When necessary to maintain efficiency in public service and ensure the continuity of government operations, the Executive Secretary may designate an officer-in-charge (OIC) to perform the duties and discharge the responsibilities of any of those whose appointment has been recalled, until the replacement of the OIC has been appointed and qualified.

SECTION 4. Repealing Clause. – All executive issuances, orders, rules and regulations or part thereof inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.

SECTION 5. Separability Clause. – If any section or provision of this executive order shall be declared unconstitutional or invalid, the other sections or provision not affected thereby shall remain in full force and effect.

SECTION 6. Effectivity. – This Executive order shall take effect immediately.

DONE in the City of Manila, this 30th day of July, in the year Two Thousand and Ten.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd. ) PAQUITO N. OCHOA, JR.

Executive Secretary

more traffic cops = more traffic?

Why is it that when there are traffic cops, the traffic seems to be worse?

I recall a story where an Emperor had all the doctors killed because he found out that the regions where doctors were aplenty were the same regions where there were more sick people.

There's a bit of chicken and egg thing with the traffic, I suppose. It's easy to get things backward.

However, I did see a situation yesterday where it seemed that traffic cops caused more a problem for the smooth flow of traffic, or rather the lack thereof.

Hopefully, this is the exception and not the rule.

On Edsa, they MMDA guys lined the yellow bus-only lane about 500 meters apart. I suppose they were making sure no private cars snuck in. The result: A rigid bottle neck and snail pace traffic.

Happily, they adjusted their game plan today. Instead of keeping private cars from sneaking in they, were directing them INTO the yellow bus-only lane to make good use of what would otherwise just be empty lanes.

Good job guys.

mmda seizes collorum vehicles to 'decongest major roads'

The philippine daily inquirer reported that MMDA sezied so many colorum vehicles that their impounding area was overflowing. They had to stop their operations temporarily.

Click here to see the article.

While I applaud the effort of the MMDA to penalize violators, impounding the vehicles immediately will cause a lot of hardship on commuters.

I think they should come up with an incentive system to drive colorum vehicles to register properly as PUVs and refrain from being so heavy handed at the first instance.

After all, colorum vehicles serve a public that is all too often short on public transportation. Regular folk will be the ones to suffer.

Colorum vehicles are popular because they give the public the kind of transportation services that they need. I'm afraid that removing them so abruptly will add to the strain on our commuting public and make it difficult for them to get to and from work-something that should really be a simple thing.

So I find it ironic that the MMDA is decongesting the road by taking away public transportation. I say, give them time to register, then do the shock and awe.