Transcript of The Senate Committee On Public Services Hearing, March 14, 2017
Transcript of The Senate Committee On Public Services Hearing, March 14, 2017
Transcript of The Senate Committee On Public Services Hearing, March 14, 2017
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Committee on Public Services Joint with the Committees on Civil Service, Government
Reorganization and Professional Regulation; Public Works; Education, Arts and Culture;
and Finance
March 14, 2017 (Tuesday)
Page 2
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Committee on Public Services Joint with the Committees on Civil Service, Government
Reorganization and Professional Regulation; Public Works; Education, Arts and Culture;
and Finance
March 14, 2017 (Tuesday)
Page 3
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Committee on Public Services Joint with the Committees on Civil Service, Government
Reorganization and Professional Regulation; Public Works; Education, Arts and Culture;
and Finance
March 14, 2017 (Tuesday)
Page 4
_____________________________________________
ATTENDANCE
SENATORS:
GUESTS/RESOURCE PERSONS:
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Committee on Public Services Joint with the Committees on Civil Service, Government
Reorganization and Professional Regulation; Public Works; Education, Arts and Culture;
and Finance
March 14, 2017 (Tuesday)
Page 5
SENATE SECRETARIAT:
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RJOrtiz I-1 March 14, 2017 10:08 a.m. 1
address road safety; air, land and sea passenger rights; and a privilege
the case of ferries, have given rise to public outcry over their handling
of investigations.
Currently, the PNP Highway Patrol Group and the MMDA are the
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died; 17,103 were injured; and 77,993 of these cases were damage to
property. However, these two bodies are limited with regard to area,
Manila? Who takes note of that? Also, the lack of central autonomous
body to investigate accident has meant more often than not that
Philippines (CAAP) which regulates air transport safety came under fire
secretary who died during a plane crash. Thus, there is a need to avoid
and the investigating body on accidents under their purview. The lack
should investigate the necessity of such field trips for the purpose of
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However, we should not take the easy route and simply deter schools
need to ask the right questions and create a legislative measure that
will prevent road accidents whether during the course of a field trip or
we call for this hearing today. Matagal pa ang Halloween pero hindi
costs. We also hear horror stories about taxi passengers who were held
up, not at gun point but by crafty taxi drivers who would demand more
Third World country as they say but we may and should demand for
First World services. Airlines may offer cheap flights but we do not
want the passengers to suffer from cheap services. Taxi drivers may
their vehicles clean and smoke free at all times. Traveling inter-island
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RJOrtiz I-1 March 14, 2017 10:08 a.m. 4
ensure passenger safety. The saying, You get what you pay for,
does not and should not apply to basic services that common carriers
Tito Sotto, and our resource persons: Usec Anne Lontoc from the
Cherrylyn Rodolfo; Mr. Eros Zuiga; Atty. Sophia San Luis; Dr.
Haranah Tours; Atty. Rolando Sibal, counsel; Mr. Danilo Literal, father
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RJOrtiz I-1 March 14, 2017 10:08 a.m. 5
So let us now begin with our discussions. But I would like to give
persons, Madam Chair, I have some questions for the LTO, the LTFRB
man.
Kasi nga iyong nagiging issue dito, iyong nakikita natin, ay iyong
manufactured date pero ang totoo noun ay ilang dekada na ang edad
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RJOrtiz I-1 March 14, 2017 10:08 a.m. 6
one giving the franchise. And in each of this giving of permit and
franchise, they have processes that they follow. The LTFRB is following
the requirements of the Public Service Act and the LTO is following the
you /rjo
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Jmbaisa II-1 March 14, 2017 10:18 a.m. 1
MS. LONTOC. ... may I refer you to the two gentlemen who know
about this?
Lontoc.
the DOTrsir, good morningand, of course, Ms. Elvie Medina for the
ginagamit natin.
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SEN. SOTTO. Madam Chair, I am glad you started off with that
particular question to the LTFRB and the LTO because precisely that
There are different factors for accidents. We usually blame the driver.
We usually blame the owner of the bus, which we should, but we have
pinag-iinitan natin iyong mga ibang mga factors at ibang mga tao na
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that the LTO has that are not functioning or something to that effect
registration, they only undergo emission test. Are there no other tests
done, like brakes, lights, steering, other safety features of the vehicle
tour bus that met an accident? Who was he? And when was this
passengers?
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VOICE. [Off-mike]
when was the last renewal of the registration of the tourist bus?
other well and I know you will do it, find out who these persons are,
what kind of evaluation they do. Because they are liable for what
SEN. SOTTO. Oo, lahat sila. At saka para matakot itong mga
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roots.
conduct lectures regarding road rules and safety? I know you do that,
but is the program or lecture the same for professionals and non-
professionals?
license starts with a student permit, and after one month of having
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na mga 60s pa po ito ginawa. Bagamat I think some time 2015, nag-
the load restriction, hindi rin sila pwedeng magmaneho ... /jmb
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HSGayapa III-1 March 14, 2017 10:28 a.m. 1
mabibigat na sasakyan.
percent of the drivers in the Philippines will not pass. Tiyak iyon.
babagsak. So, I suggest that you become stricter this time especially
non-pro, pati pro. If you need a law for this, let us know. If you can
(examine) nyo ulit. Grabe, hindi lang mga reckless, ang tatanga.
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HSGayapa III-1 March 14, 2017 10:28 a.m. 2
safety for our peopleAnd besides, Madam Chair, I think that is one of
the causes of the traffic. Oo, kita nyo iyong pagpaparada lang, isipin
mo the entire Metro Manila is a parking lot. All the city streets
nakaparada sila. The silver bullet to solve the traffic problem in Metro
parking zone, just like Singapore. Pag no parking zone lahat iyanso,
dapat sa parking area lang o parking slot lang ang parada, hindi na
from work to home, from home to work and I know. I dont pass
through EDSA. I pass through the city streets. I get there one hour
earlier but it can be faster if those illegally parked cars are removed in
the city streets. So, sinong gumagawa non? Iyong mga driver din na
tanga. They violate the law. Bina-violate nila papaano hindi dumaan
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HSGayapa III-1 March 14, 2017 10:28 a.m. 3
other side. Were discussing Consumer Protection Act and were also
But, Madam Chair, I just noticed in your agenda there is the Air
Senate Bill No. 1336. But some of the measures are also forwarded to
airlines and wed like to rectify that. So, if its okay, Madam Chair,
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noted and we will have a joint hearing with Public Services as the
that air transport affects trade and industry, so youre the vital part
protection.
Thank you.
Zubiri.
For the LTFRB. For the renewal of franchise for public utility
vehicles, what is the procedure and what are the tests being done? Is
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the Committee.
minibus, PUJ, UV, even tourist transport as the bus that figured in the
Tanay accident, they are all under the jurisdiction of the LTFRB. They
utility vehicles but not as highly technical as the LTO because the LTO
Now, as to the
them? You rely on the LTO? You refer them to the LTO, something
like that?
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vehicles. And the franchise is good for five years and therefore the
SEN. SOTTO. Okay. Iyong Panda Tours, when did they get
their franchise?
MR. DELGRA. They got their franchise about two years ago, if
they were inspected as I was told. But as Ive said, the physical
inspection is there is nothing technical about it. But with the accident
that occurred, we have to trace back on the history of the bus for that
which is the manufacturer of the bus which figured in the accident and
Hino Philippines said that they dont have any record of it. And so,
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they referred the matter to Hino Japan. And Hino Japan confirmed
that the engine or the engine number of that bus is of a different unit
from the chassis number of that same bus. And the manufacturing
date was actually 1988. So, at the time of the accident, the bus was a
bus, any public utility vehicleIm talking about bus, would reach the
age of 15 years, kailan na hong palitan. But in this case ho, nalaman
namin kasi ito iyong mga surplus na dumaan sa, if Im not mistaken,
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Aliccatimbang IV-1 March 14, 2017 10:38 a.m. 1
allow this type of vehicles to be on the road if they are more than 15
MR. DELGRA. Yes, Your Honor. That is precisely for the buses,
SEN. SOTTO. So how are these other buses on the road now
running?
from, Atty. Delgra. And I hope the information that you have given us
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that particular certificate. The fact that they would pass inspection and
say that they already have passed the physical inspection of the
vehicle.
are not working, Asec Galvante? So that in the next budget, we can
give you the enough budget to make it operative or to buy new ones?
concerned, we feel that this can appropriately be funded from the road
users tax. And part also of the requirement will be sourced from the
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Anyway we put you to task, the LTO and the LTFRB. I hope this
will never happen again. Pero pag naghigpit kayo, mangyayari iyon.
Sotto.
nga ng sinabi niya, siya mismo, siya lang siguro ang senador na
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Aliccatimbang IV-1 March 14, 2017 10:38 a.m. 4
po. Baka hindi sa inyo, Asec Galvante. Pero wala ba kayong video
updated po ito. And we are in the process of having this finalized, then
walang manual?
mga 5,000 po ito, kung saan iyong computer ang random na pipili nito
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Aliccatimbang IV-1 March 14, 2017 10:38 a.m. 5
kung ano pong makuhang set noong examinee, iyon ang kaniyang
kumukuha ng examination.
doon.
treinta?
can pass.
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room? Thats the start. Put it where at least they are lining upI
mean, common sense. Im glad that you brought this up, Asec.
Nakapaskil pala doon so parang open notes, hindi ba, iyong exam.
siguro kaya ganyan nga, hindi nila nasasaulo iyong mga regulasyon
ukol dito.
facilities do you have in the country, sir? Do you have one region?
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inspection stations?
vehicles?
the dropping and substitution. In the meanwhile, this will be borne out
by our LTFRB.
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CBGealan V-1 March 14, 2017 10:48 a.m. 1
MS. MEDINA. For the MVIS, for the inspection and certification
of roadworthiness.
Panda bus
maam?
did not even know the manufacturing date so they had to go back to
Japan, pero kung iyon pong ating LTO group ang gagawa niyan, they
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CBGealan V-1 March 14, 2017 10:48 a.m. 2
maam, iyong sinasabi nga natin the trucks are cannibalized, you have
alam ng Hino Philippines iyan kasi iyong bus na iyan ginawa sa Japan.
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CBGealan V-1 March 14, 2017 10:48 a.m. 3
tungkol sa MVIS. Noong ako ho ang LTO chief noon noong panahon na
sabihin ng MVIS.
road users charge, iyong sa Motor Vehicle Pollution Control Fund, iyon
MVIS?
bibilhin
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CBGealan V-1 March 14, 2017 10:48 a.m. 4
ba iyong isa noon? Iyong isang ano ho. Hindi, kasi bawat
iyong
100M ang kakailanganin to rehabilitate this, both the structure and the
right?
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CBGealan V-1 March 14, 2017 10:48 a.m. 5
Kung siyam mayroon kayo, gaano kahaba ang pila doon at gaano
Chair, Your Honors, ay at least one per region, kaya lang mayroon po
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CBGealan V-1 March 14, 2017 10:48 a.m. 7
administrasyon.
noon.
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rehabilitated.
in case LTO would recommend because this concerns lives, right? And
I do not mind if its 100 million per site because wala naman presyo
put billions as long as the safety of our riding public is ensured. The
MVIS, I would say, is a very good program because it ensures the road
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Yes, Atty. Delgra. What was the findings? Totoo bang brake
least, the entire franchise of Panda Tours, and then we set it for
hearing. So it was during that hearing that we are able to cull out
several facts.
Tours, from Bestlink College of the Philippines, and even from the
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 1
MR. DELGRA. real age nga pala ng bus ay hindi 15 years but
29 years.
I just like to point a little about what was said earlier about the
MVIS ho. The reason why we put a 15-year cap on the age of buses is
mayroon lang sana ho, malalaman natin. Kahit na more than 15 years
just concerned, iyong mga nabanggit kanina, iyong mga surplus buses,
nauso iyan noong 90s, ilan kaya iyong porsyento ng mga public utility
number yet.
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 2
lalo na noonghindi bale iyong mga galing Subic, medyo matagal na.
an idea.
But insofar as surplus buses ho, so long as they would fit within the
even if less than 15 years iyong bus, kung hindi naman roadworthy,
then we would not allow anymore the giving of franchise for such a
determine iyong what actually was the cause of the accident but we
were told because we went to the site. At one time, we went there to
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 3
have mass there at the site with the families and the first responders.
And then, we were told by the policePNP of Tanay na wala hong skid
pangyayari.
mountain provinces, that would require a special skill for bus drivers,
hindi ho ba?
niyan, hindi ho ba? Iyong pagbababa lang, pag hindi marunong, iyong
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 4
nangangamoy na.
how to determine if the bus drivers are skilled enough, lalo na iyong sa
kung saan pag matapos sila doon sa training na iyan, binibigyan iyong
were going to now put up a system of all public utility drivers para
malaman na rin namin kung sinu-sino and which company they belong
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 5
drivers nila vis--vis the operators who have franchises before the
one.
the Speed Limiters Act and later on, I will ask the status. This
particular measure was passed last year and the IRR was justI dont
naman are already fitted with the speed limiter. Its a matter of
puwedeng makapagsabi?
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 6
malaman. And this will help us also in our anoin aid of legislation on
dinaanan noong bus, about two kilometers away from the crash site
talagang that would require a special skill kasi may mga areas doon na
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BRHGonzales VI-1 March 14, 2017 10:58 a.m. 7
crash, may nangangamoy na. Its either clutch iyon or preno, hindi ho
ba?
lagi. Iyong brake failure, its not the equipment but sometimes the
skill of the driver. Pag preno siya nang preno, talagang mawawala at
concerned, mayroon naman pong mga road signs ang DPWH. Mayroon
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MPMENDOZA VII-1 March 14, 2017 11:08 a.m. 1
iyan.
driver na there is danger ahead. Then iyong mga ibang barriers diyan
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MPMENDOZA VII-1 March 14, 2017 11:08 a.m. 2
pumunta, dito sa gilid na ito, then dapat itinuloy na niya para na-kanal
lang dapat iyong bus. Ang nangyari, nag-bounce to the left iyong bus
huminto siya roon. Kung tinuloy niya sa kanan, hindi na niya kinabig,
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MPMENDOZA VII-1 March 14, 2017 11:08 a.m. 3
Siguro we can ask any of theId just like to ask any of the bus
operators present.
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MPMENDOZA VII-1 March 14, 2017 11:08 a.m. 4
iyon.
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MPMENDOZA VII-1 March 14, 2017 11:08 a.m. 5
because its not always the failure of the equipment or the brake
pababa?
pasahero.
Chairman Delgra and Asec Galvante. I hope you can especially take
note of this. You can issuememo niyo lang siguro iyan. Iyong
special skills especially for mountain, iyong mga long haul bus routes,
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presentation.
road crash.
kaliwa?
noong nag-bounce?
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MPMENDOZA VII-1 March 14, 2017 11:08 a.m. 7
ako, more than the equipment problem, I feel its the driver ang may
problema rito.
area.
Next frame, please. Iyan ho, hiwalay na iyong front axle niya
preno.
So next slide, please. What we did was we removed the left rear
Iyong NBI po, ang ginawa nila, nag-macro etching sila doon sa
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RJOrtiz I-2 March 14, 2017 11:18 a.m. 1
to intense heat. Ito iyong brake lining. Tiningnan namin iyong wheel
cylinder. Ito pong type ng bus na ito fluid po ito, hindi po ito airbrake
Next slide, please. Iyan. You will notice iyong brake lining
Next slide, please. Ito naman po iyong brake drum. Iyong brake
drum mano-notice ninyo po kung ano hindi lang maliwanag iyong ano,
drum was also subjected to intense heat. And the other thing that we
transmission?
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RJOrtiz I-2 March 14, 2017 11:18 a.m. 2
engine brake?
pagmamaneho?
pero--
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RJOrtiz I-2 March 14, 2017 11:18 a.m. 3
might be one of the first times that he has driven there but has he
Ms. Elvie?
being not just the driver, not just his skill but also his psychological
setup at the time of the incident. The other human factor is the driver
human factors are also the passengers. Were the passengers at ease?
passengers are very, very noisy, they are all hyped and energetic, the
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RJOrtiz I-2 March 14, 2017 11:18 a.m. 4
bus driver sometimes loses focus. The other human factor is the
people on the street. Sometimes there are people who just cross the
street all of a sudden, so thats the human factor. The other factor is
talked to us about the things that they investigated but in the forensic
protocol, there are more than 40 items that are to be tested. For
example, the body itself, the gauge of thethe body of the bus and so
on. And also at the time of the accident, where are the victims
seated? Because there you will find out which is the most vulnerable
road. Many of what we heard from the news is that that road was
really also vulnerable. There had been many accidents. So that is also
one factor that we have placed in the forensic protocol. The other is
like even the weather. During the Benguet incident, we found out in 10
minutes fog arises. I dont know if you remember the Florida bus
Benguet accident. So we were asking why the safety steel bars along
the road were only two feet tall. Its not even half the size of the
wheelsof the tires. So they said because they are only following the
international standards which was done in the 50s yet when the size
of the buses were not even the size of the buses now. So these are
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things that have to be looked at. Also, what is the first thing that has
I remember that there is already a law that was passed whether or not
his alcohol or drug level. Was there something like that done in this
case?
the situation. But its really the SOCO who did the investigation, if Im
not mistaken.
liwanag po, sir, kung ano ba talaga ang inyong natunton tungkol dito
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RJOrtiz I-2 March 14, 2017 11:18 a.m. 6
when he passed?
MR. APLASCA. Right now, Your Honor, we dont have the data
here.
that you should have looked into. Hindi porket namayapa na iyong
Based on the 201 files of the driver, the driver was born on
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RJOrtiz I-2 March 14, 2017 11:18 a.m. 7
Evacom, seven months; another one month in JTB bus as bus driver;
and from May 30 to July 2016, bus driver of Philtranco, Your Honor.
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 1
But who is the overall overseer of the investigation? Its the SOCO,
correct?
present here?
Your Honor.
did they submit that to you, sir? Would you like to enumerate them?
You know, they are PNP officers; however, they dont really have
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 2
if that is the situation, who are they supposed to call? Is it the LTO?
Sevillena.
isinumite ito?
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 3
tama rin iyong sinabi niya na, akotayong lahat naging estudyante
tayo minsan sa buhay natin, nakita natin kung gaano ka-excited tayo
Siguro tanungin muna natin ang mga nanay dito at saka iyong
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 4
totoo po.
sila, na i-guide nila iyong pagpupunta nila sa tour na iyan. Totoo po,
iyong sa ano ng Bestlink na iyon na wala man lang teacher. Iyon nga
iyan. Siguro po ang anak ko hindi mapakali, totoo po, maski ako man
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 5
pong iyon.
Morong at saka marami na sila. Iyong anak ko nga po, noong datnan
pumila doon sa mga critical doon sa ini-x-ray. Kami nga po ang kauna-
nag-aalala na ako na hindi tumatawag ang anak ko. Iyon pala, isa na
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 6
kasama po ako sa bus na iyon. Iyon na nga po. Sabi ko, Anak,
sakit lang naman at ang sugat ay hindi pisikal. Habang buhay na iyan
kahit papaano, may pagsisisi rin dahil may mga kasamahan siyang
hindi na nasalba.
anak?
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Jmbaisa II-2 March 14, 2017 11:28 a.m. 7
biktima doon?
Inoperahan po siya two times last week, Thursday; tapos, kagabi po.
hospital po, bale yong Panda coach, sila lang po iyong tumutulong sa
amin talaga. Bale iyong Bestlink po tumulong sila, isang beses lang
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HSGayapa III-2 March 14, 2017 11:38 a.m. 1
nung accident.
baka naman
kayo, ano? Ang dinig ko iyong mga ibang mga guro nauna na doon.
school official?
rin iyon?
sahig?
bus mismo?
chair?
ano, nakita natin na iyong umpisa nga sinasabi natin baka hindi
naman talaga sa preno lang ang problema, hindi ba, parang ganoon?
ganoon?
na preno rin?
mga bata?
namin iyong mga ano nila at mayroon na kaming mga teachers namin
iyong mga ano. Baka on their case, baka sila pa ang hindi na-meet.
kabuuan?
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HSGayapa III-2 March 14, 2017 11:38 a.m. 7
do you have?
man lang para tingnan itong mga estudyante ninyo, hindi ba?
Pero alam mo, narinig ko rin, ano, kay Ms. Nenita na nagbibigay
ng tuition?
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HSGayapa III-2 March 14, 2017 11:38 a.m. 8
iyong mga miscellaneous, iyong mga exam fees ang nababayad ninyo
sa Bestlink?
MS. RAGUA. Five thousand po, maam. Kasi hindi lang kasi sa
Kung five per semester, mga siguro 10 to 11 nga iyan per year.
scholarships ninyo?
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Aliccatimbang IV-2 March 14, 2017 11:48 a.m. 1
school ninyo?
na, sabihin natin, hindi naman maayos, hindi ba? Kasi 1988 ang
bagamat hindi natin masisisi naman ang pulis sa Tanay dahil nga
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Aliccatimbang IV-2 March 14, 2017 11:48 a.m. 2
part
noong sasakyan.
iyong oldest part nitong sasakyan ay iyong chassis. But it took you
MR. SUANSING. Opo. Kasi po, as Ive said kanina, iyon pong
bus na iyan, after na ginamit iyan sa, lets say, Japan, ini-export nila
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Aliccatimbang IV-2 March 14, 2017 11:48 a.m. 3
anyos iyan, kung maayos iyong sasakyan, tatakbo iyan nang maayos,
matino. But ang problema at that time, wala ngang MVIS noong
that time. Mayroon pa nga hong isang set ng MVIS na hindi nagamit.
roadworthiness na iyan.
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Aliccatimbang IV-2 March 14, 2017 11:48 a.m. 4
So, nakita natin lahat itong mga problema. Ang dami natin
update, may moratorium pa ba. Ang anak ko may field trip. Mayroon
stakeholders will be invited for the orientation. So with this, iyong mga
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Aliccatimbang IV-2 March 14, 2017 11:48 a.m. 5
orientation.
dapat talaga gawing bawal na ang field trip. Alam naman natin na pag
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Aliccatimbang IV-2 March 14, 2017 11:48 a.m. 6
as a requirement ng CHED.
Board which includes air, land and sea. Of course, with the permission
also of my co-chair, siguro tanungin din natin, kasi iyong sea accident,
marami rin talaga iyan. Gusto kong malamanalam mo, may mga fast
Cebu?
ba dito?
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CBGealan V-2 March 14, 2017 11:58 a.m. 1
the BOI?
wala?
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CBGealan V-2 March 14, 2017 11:58 a.m. 2
MR. LIM. Ah, yes, Your Honor. That would be the Civil Aviation
board?
board.
NTSB?
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CBGealan V-2 March 14, 2017 11:58 a.m. 3
for the pending bills that are now with the Senate and with Congress.
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CBGealan V-2 March 14, 2017 11:58 a.m. 4
hazardous.
number. Ang alam ko sila ay 400 daw na ano, but they are handling
about 18,000 students. So siguro dapat may safety officer sila na ang
pinakamababa ay dalawa.
At iyon pong isa rin po, iyon pong sa Panda, dapat mayroon din
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CBGealan V-2 March 14, 2017 11:58 a.m. 5
account kung ilan po ang mga estudyante sa loob ng bus, siya rin po
attention to that.
and also Atty. Peter Aguilar, I would like to hear from the Panda
compliance officer?
ikukuwento ko lang kung bakit nangyari iyon. Kasi iyong Haranah ang
doon sa Panda bus iyong mga bata. Lahat ng bata pina-transfer, and
all of a sudden lumabas sila nanakaalis sila agad, kasi may mga
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CBGealan V-2 March 14, 2017 11:58 a.m. 6
coordinator ako during that day to man that trip, which is iyongThat
was not a field trip, but a leadership training sa Tanay for three days
iyong ano, at saka umalis sila agad na hindi pa naka-ano iyong nagma-
Haranah?
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CBGealan V-2 March 14, 2017 11:58 a.m. 7
sampu iyon?
lang po ang kailangan nila, pinauwi po nila iyong bus namin. Sila lang
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 1
trabaho.
kanyang possible track record. Iyong mga bus ninyo, do you know
Case No. 2016-5372, this bus franchise was acquired by Panda from a
previous operator, Sitio Lucia Hotel and Resort Corporation. And the
unit concerned, Your Honor, based on the record, per LTO is 2004
purchased the bus and the franchise was transferred to Panda last July
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 2
ikaw bus operator, every how many years kailangan mong nire-
pagpaparehistro nila.
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 3
Indeed the Panda bus that figured in the accident was bought
from another company. I dont know how it sounds like but when we
operator or a previous tourist bus operator for that matter, and Panda
pero pare-pareho lang ang may-ari. And thats the reason why, when
we found out that during the first hearing, we have toinitially, the
something like six units. Under that franchise, the board was
because of that.
is 2.6 or P2.6 million iyong total assets nila and supposedly, they have
na lang unit na iyon, ang kinalalabasan ho, lalabas na iyong per unit
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 4
MR. DELGRA. Well, I dont know what they will gain. Probably,
theyre trying to, you know, address some tax obligation dito.
operate one.
need to ask all our resource persons to please take their oath. This
came belated but I would just like to say that do not take your oath if
anything that youve altered earlier is not the truth. So now that you
request all the resource persons to please stand up and please raise
Do you swear to tell the truth, the whole truth and nothing but
For the record, Madam Chair, all the resource persons affirmed
their oath.
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 5
[The resource persons who took their oath are Mr. Galvante, Mr.
Delgra, Ms. Lontoc, Mr. Lim, Mr. Zuiga, Ms. Asingjo, Mr. Arcilla, Ms.
Mr. Tan, Ms. Medina, Mr. Llavor, Mr. San Juan, Mr. Suansing, Mr.
Aguilar, Mr. Reyes, Ms. Malig, Mr. Araullo, Mr. Aplasca, Mr. Villanueva,
Ms. Rodolfo, Mr. Sibal, Ms. Salatan, Ms. Ragua, Mr. Literal, Ms. Ricafort
iyong minimum?
the entire public transport service that theyre trying to provide should
the financial standing that they have. Pero noong nakita nga namin,
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 6
operational? Whats the name of the company you purchased the bus
from again?
Resort Corporation.
company?
provider.
might be different but then the board members might be the same.
during the hearing, we were not confronted with the SEC registration
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 7
Honor.
the statements of Panda but you didnt actually see the incorporators
assertion that its totally different. You say that, Based on what we
know, based on the statements of Panda. But you cannot make that
Your Honor, during the hearing were not confronted with the
now.
of MMDA.
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 8
express our strong denial on the statement earlier made by Mr. Tan
that it was the school which sent back the Haranah Bus from where the
students were transferred and made to ride the Panda Bus. The
administration of the school who is here, Mr. Donie Lleno, Your Honor.
THE CHAIRPERSON (SEN. POE). Did you take your oath, sir?
nakasumpa?
MR. LLENO. Maam, kasi wala po ako noong time naI am not
ngayon.
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BRHGonzales VI-2 March 14, 2017 12:08 p.m. 9
the truth, the whole truth and nothing but the truth in this
proceeding.
Thank you.
that I will tell the truth, the whole truth and nothing but the truth in
this proceeding.
brhg
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MPMENDOZA VII-2 March 14, 2017 12:18 p.m. 1
kung ano ang nalalaman niyo. Although I feel its quite irrelevant.
Kung pinauwi man iyong bus or whatever doesnt change the fact that
change that.
coordinators kasi hindi naman po ako kasama sa trip during that time.
So para i-double check din bakit sampu ang dumating. Kasi pag-
iyong mga students. So initially po, iyong No. 8 na bus is Haranah bus
then during that time po, ang aming NSTP director, si Dr. Jolly Miguel
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MPMENDOZA VII-2 March 14, 2017 12:18 p.m. 2
activity?
Nandito ba siya?
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MPMENDOZA VII-2 March 14, 2017 12:18 p.m. 3
Haranah bus and then nasa Panda bus na po iyong mga estudyante.
all the buses, you had to take several buses and several trips. How
many Panda buses were used, aside from the one that figured in the
accident?
dont really see the relevance of this, kung mayroong inatras na isang
an NSTP director, should have been on top of this, should have had a
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MPMENDOZA VII-2 March 14, 2017 12:18 p.m. 4
So, anyway, I think were just going through circles here. But at
you next. But we also have a presentation from Atty. San Luis.
sinabi?
accident for that matter, because we just want to clarify some issues
paperwork.
for example.
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companies? Wala.
talagang back and forth, back and forth sa lahat ng mga requirements
responsible?
nandito.
police report. Pero mababa po iyong 5,000 na iyon for each accident.
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MR. SIBAL. So far ho, wala pang sinasabi sa akin ang mga
galing sa insurance?
pantulong.
sa mga biktima?
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insurance.
nailabas.
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namin sa mga injured from Panda po mismo is 20,000 each. And then
SCCI po kasifor the injured, they only have 20,000 but that is for
na ninyo?
Atty. Martin?
MR. DELGRA. The reason why I took it up, the matter on the
companies daw, when you look at indemnity for death or loss of lives,
its 200,000. Under the present policy, its 200,000 per passenger.
ang daming paper works. Ayaw ho namin iyan. In fact, thats the
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insurance claims to the victims, to those fatalities and those who were
injured /mpm
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RJOrtiz I-3 March 14, 2017 12:28 p.m. 1
MR. DELGRA. who were injured. Now there was one issue
well proof of filiation para alam natin kung sino ang bibigyan nung
away. Sabi ko, Pag insurance coverage for loss of life, do not talk
ho, you just have to prove that somebody died and that the one who
will receive is rightfully the one who will receive it. Kung pwede, wala
coverage.
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RJOrtiz I-3 March 14, 2017 12:28 p.m. 2
If I can--
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RJOrtiz I-3 March 14, 2017 12:28 p.m. 3
MS. SAN LUIS. Your Honor, I will just skip through the slides.
p.m.
MS. SAN LUIS. Yes, Your Honor. Your Honor, just to update
the data of the body, in 2015if we can skip two slides, please.
Next slide, please. Earlier, Your Honor, you presented the 2015
data on road traffic crashes and fatalities. For 2015, the number of
since 2010. And there has been a corresponding rise in the number of
Next slide, please. So if you can see, Your Honor, since 2014, the
2,144.
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Next slide, please. I will skip through this slide, Your Honor. This
is, basically, the framework that we are using for addressing road
the same time. And the DOTr spearheaded the development of the
Philippine Road Safety Action Plan. We can submit, Your Honor, a copy
happen and this was mentioned by Ms. Elvira Medina earlier. Mistakes
will happen, they are unavoidable. But the idea is to strengthen all
agency. However, it has been difficult for the DOTr to coordinate the
DPWH, the DTI, the DepEd, the PIA, LTO, LTFRB, so there are really a
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speed limits. However, there are various gaps with respect to these
laws.
the buses. In fact, we do not have yet a Vehicle Standards law in the
Vehicle Standards. But the Philippines has not adhered to these safety
standards.
video on the route to the Tanay bus crash. And we noticed that there
were large vehicles parked along the road. Because they were
had been conducted, then they would have prepared for the parking so
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that they will not avoid creatingthey can avoid creating additional
The WHO recommends also the improved data collection for the
Philippines. Right now, the DOTr is already working on what they call
system. And its actually a fantastic tool. Unfortunately, it has not been
coordinating with LGUs has been difficult for the DOTr. They are
Roads should also have design standards to promote not just the
safety of car passengers but also of all road users and particularly for
vulnerable road users such as pedestrians and cyclists. Right now, the
more focused on the cars and not so much on the vulnerable road
Next slide, please. So, Your Honor, these are the major road
Driving Act; the Motorcycle Helmet Act; and the Seatbelt Use Act.
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Next slide, please. But we do not have a child restraints law. But,
report of 2015. If you can see, Your Honor, the enforcement level of
these major road safety laws that we have is quite low. On the
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Jmbaisa II-3 March 14, 2017 12:38 p.m. 1
MS. SAN LUIS. ... Speed Limit Law are not given adequate
wrong, I think they have also five speed guns. And then, in Tupi,
South Cotabato, they have like four speed guns. And other than that,
we did not find other LGUs with their own speed guns.
also recently enacted the Anti-Distracted Driving Act and the Childrens
Next slide, please. Your Honor, these are just some of the gaps
that we have identified on the laws. I will not go into detail anymore.
But for speed, Your Honor, which I think was a factor that also
video of Engineer Suansing that there were no speed limit signs on the
road. I only saw one sign on the weight, but there were no speed limit
signs, and this is a chronic problem across the country that they are
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not very present. And also, again, enforcement is very low when it
Next slide, please. For the Motorcycle Helmet Act, Your Honor,
the law does not yet require proper use of helmet. And we heard
Next slide, please. For the Drunk and Drugged Driving Act, the
think we only have about 150 right now for the whole country and the
PNP and LTO is set to acquire 2,000 more, and we have about 1,600
Aside from that, Your Honor, in other countries, we have what we call
allowed under the law because the law requires probable cause before
the body:
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Traffic Code is no longer consistent with how the DPWH classifies our
roads. The DPWH uses terms like national road, national primary,
the law. So perhaps that is the reason why the speed limit provisions
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responders at the scene of the crime. So for the Tanay bus crash, I
heard that one of the victims tried to save their companions and we
also saw some videos wherein the bystanders were forced to enter the
qualified
responders?
MS. SAN LUIS. Just some hospitals, Your Honor, but not all.
MS. SAN LUIS. And, Your Honor, also the vehicle, if perhaps
moment.
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slide where all the pertinent laws regarding the road safety? So I can
While you are doing that, I would like to hear fromthere was a
something?
and MARINA. Under the PCG Law, it has the authority to investigate
authority to investigate
industry is really pushing for the creation of an NTSB so that there will
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be only one body investigating the whole thing. And often times,
Maritime Code creating the NTSB. So its high time, Your Honor, that
Thank you.
Before Ms. Elvie. LTO, this is not necessarily about the NTSB,
but may mga nagtatanong kailan daw lalabas iyong mga plates nila
dahil, Binili ko iyong kotse a year ago, hanggang ngayon, wala pa.
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who filed the petition before the Supreme Court. Then, COA, we
decide the case based on the ruling of the Supreme Court that will
come out.
legal obstacles. But in the meantime, cant you bypass that and just
been there for a few months, and you still havent started the bidding
process, Asec? I am not blaming you, Im just saying, LTO has not?
activities. Its just too bad that we were hoping that the request for a
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That is why
hanggang ngayon wala pa rin, ibang other source to get a plate, wala?
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HSGayapa III-3 March 14, 2017 12:48 p.m. 1
insisting that according to the law, before the vehicle can be used, it
registration has been expedited and we have dialogues with the car
Honor.
na?
this
MR. GALVANTE. Yes, Your Honor. But for those issued before,
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HSGayapa III-3 March 14, 2017 12:48 p.m. 2
maawardan (award) nito although there are already cases being filed
din ipasa iyong emergency powers for certain problems like that which
we can avoid, useless court TROs o kaya iyong mga ganoon. Anyway,
ago. Id like to update you that all these issues, all these topics that
Engiineer Suansings group which is the PGRSP together with the iRAP
to address all these. One of the big things that had been done and
your concern was the lack of first responders. Im proud to tell you
that because of the training programs we have done with bus drivers,
we worked with the Red Cross so that you have now more than 2,000
first responders who are also bus drivers running in the provincial
roads.
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Safety.
So, probably you can get in touch with the group of Engineer
Suansing which is the PGRSP so that you can get an update including
details of the variants of the vehicles that are mostly involved with
are taking a closer look why this is happening. One of the things that
thing.
The other thing that wed like to point out here is regarding the
rights of the commuters most especially the rights of those who were
involved in accidents. The insurance and the penalties from the LTFRB
and the LTO is only one part. The trauma and the mental anguish that
the victims are experiencing can be subject for civil liabilities. Please
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the Philippines. And given that, the EDC actually supporting the
Thank you.
your support.
tayong mga SLEX, NLEX at saka TPLEX, mga highway po. Updated na
po iyong mga batas natin diyan. At saka pati ho iyong Civil Code,
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iyon.
indemnity ngayon?
para pumunta rito. Alam ko hindi naman madali pero ginagawa nyo
ito hindi para sa sarili ninyo kung hindi para maiwasan din ang
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papaano natin magagawang mas ligtas ang ating mga kalsada, ang
community helping each other to heal. Its not enough that we are
going through with all the legal processes and all these technical
authority from your school that will make them feel that they are not
alone.
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The Committee also found that the bus was inspected in Subic
the Panda Coach bus was actually 29 years old, way beyond the 15-
Our resource persons also said they impose a 15-year age limit
We only have nine all over the country. And for the entire NCR, I
As regards the Tanay bus crash, the LTFRB said, one significant
finding of their investigation was there was no skid marks on the road
leading to the crash site which is quite unusual since the road was
treacherous.
there were enough warnings on the road. The road, based on their
speed when he lost control of the bus. The brake was also functional
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Aliccatimbang IV-3 March 14, 2017 12:58 p.m. 1
mandaraya iyong mga drivers. But, thank you. You know what, Asec
Galvante, youve been very candid. You know, I really appreciate this
because this is how we can help you. You used to tell us really your
investigation is being conducted for the Tanay bus crash. The PNP was
Hindi naman ito kasalanan ng PNP lamang. Wala naman sila talagang
kasama sa bus. Maging iyong kanilang NSTP head ay wala naman dito
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naging patas kayo, hindi ninyo masisisi na magduda pa rin iyong iba.
board.
know that she has been doing this on her own, especially with bus
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operations. Ive heard that story for a long time--since 2013, since
Ive been here, since I was in the MTRCB--from Ms. Elvie. But this is
only the first time that Ive been given a chance to head actually the
passed.
informative presentation on road safety and also all the different road
I would like to ask the speed limiter that you have on the buses.
When are you going to be able to implement this fully, LTO or LTFRB
na ito?
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they will have another two meetings to discuss about the standards.
And the DPWH also requested that they also give some inputs on the
with one?
than you.
Trade and Industry does not really have a capacity to set the
maam.
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reason why they cannot come up easily with an IRR because its highly
technical po.
MS. SAN LUIS. But, maam, I think this Thursday will be our
last meeting. Weve already formulated the IRR. And the DTI already
has submitted the standards that they will adopt for the speed limiters.
the guidelines in the IRR by April, Usec Lontoc, when will this be
implementable?
provided in the law to allow the buses to comply with the requirement.
MS. SAN LUIS. Six months for buses and one year for other
crucial. If we have this, then at least we can make sure that there is
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Attorney.
MR. DELGRA. Since were on the issue of speed limiter and the
IRR is still being worked out, actually the LTFRB has a current policy
and it is being implemented on the GPS or GNSS that the buses are
required to install in each and every unit that they have. As one
technical guy had told me, the GNSS is actually a passive way of
determining speed. But the speed limiter would be the active medium
sense. But were doing that now insofar as the GNSS installation for
much for your presence here today again. Of course, Usec Robert Lim,
thank you for being here. I know youre really busy. And to everyone,
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