AAP files a petition before the SC to nullify the RFID · Must send a brief resume to the...

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Drive March April 2010 FOR MOTORISTS, BY MOTORISTS AAP files a petition before the SC to nullify the RFID The Automobile Association Philippines (AAP) filed a petition on March 1, 2010 before the Supreme Court seeking to intervene in the case filed by Bayan Muna, et al. against the Department of Transportation and Communications (DOTC), Land Transportation Office (LTO) and STRADCOM Corporation regarding the Radio Frequency Identification (RFID) Project. The counsel for AAP members/ petitioners-in-intervention Lyn Bronte, Raul Consunji and Glicerio Manzano, Jr. are Jerome L. de Guzman and Jose Emmanuel G. Hernandez of the De Guzman San Diego Mejia and Hernandez Law Offices (GSMH Law.) In the petition, Bronte, Consunji and Manzano said that as private motor vehicle owners, AAP members stand to be directly injured or have actually been injured by the implementation of the RFID Project of the LTO. The petitioners-in-intervention prayed the Supreme Court to declare as invalid, unconstitutional and ultra-vires two Memorandum Circulars of the DOTC and LTO and the RFID Memorandum of Agreement (MOA) between LTO and STRADCOM, which altogether require motor vehicle owners nationwide to pay P350.00 for the mandatory RFID tagging of their vehicles as a prerequisite to the renewal of registration of each motor vehicle that they own. The petitioners-in-intervention also pray that the LTO, DOTC and STRADCOM be permanently prohibited from imposing the RFID Project on the following grounds: 1) The imposition of the RFID System is an invalid exercise of legislative power by LTO and DOTC since it is not merely a procedural regulation, which the LTO has the power to impose, but greatly affects the substantive rights of citizens, protected by the Constitution, to property and to privacy. As such, the LTO and DOTC gravely abused their discretion and exceeded their jurisdiction in imposing a substantive instead of a mere procedural rule. Further, in violation of the Revised Administrative Code of 1987, the LTO and DOTC failed to conduct public consultations and to publish the rules prior to implementation of the RFID Project. Thus, the DOTC and LTO have committed unconstitutional and illegal acts. 2) The DOTC, LTO and STRADCOM failed to comply with the requirement that the approval of the National Economic and Development Authority (NEDA) be obtained before any new fee or increase in existing fee is implemented. 3) Contrary to the requirements of the Build-Operate-Transfer Law as amended, the RFID MOA between DOTC/LTO and STRADCOM was not published, submitted to NEDA for approval nor recommended to the President and subjected to public bidding. Thus the RFID MOA is invalid. 4) The imposition of the RFID System is unconstitutional for violating an individual’s right to informational privacy. There is no compelling state interest to warrant the intrusion into the privacy of private motor vehicle owners that results from the imposition of the RFID Project. Further, the rules implementing the RFID Project fall short of narrowly limiting the information that will be contained and accessed through the RFID tags and of assuring that personal information, which will be gathered about motor vehicles and their owners, will only be used for clearly specified purposes by designated officials. AAP President Gus Lagman explains to the media that as private motor vehicle owners, AAP members stand to be directly injured or have actually been injured by the implementation of the RFID Project. The AAP Board of Directors (from left to right) David Arcenas, Nona Esquivel, Gus Lagman, Jacinto Mantaring, and Mandy Eduque, show their full support for the petition-in- intervention against the RFID Project. On behalf of the Automobile Association Philippines (AAP) and its members, AAP President Gus Lagman submits the petition- in-intervention against the RFID Project before the Supreme Court on March 1, 2010.

Transcript of AAP files a petition before the SC to nullify the RFID · Must send a brief resume to the...

Page 1: AAP files a petition before the SC to nullify the RFID · Must send a brief resume to the Nominations Committee, c/o AAP Executive Office, 683 Aurora Boulevard, Quezon City. The deadline

Drive March – April 2010

FOR MOTORISTS, BY MOTORISTS

AAP files a petition before the SC to nullify the RFID The Automobile Association Philippines

(AAP) filed a petition on March 1, 2010

before the Supreme Court seeking to

intervene in the case filed by Bayan Muna,

et al. against the Department of

Transportation and Communications

(DOTC), Land Transportation Office (LTO)

and STRADCOM Corporation regarding

the Radio Frequency Identification (RFID)

Project.

The counsel for AAP members/

petitioners-in-intervention Lyn Bronte, Raul

Consunji and Glicerio Manzano, Jr. are

Jerome L. de Guzman and Jose

Emmanuel G. Hernandez of the De

Guzman San Diego Mejia and Hernandez

Law Offices (GSMH Law.)

In the petition, Bronte, Consunji and

Manzano said that as private motor vehicle

owners, AAP members stand to be directly

injured or have actually been injured by the

implementation of the RFID Project of the

LTO. The petitioners-in-intervention prayed

the Supreme Court to declare as invalid,

unconstitutional and ultra-vires two

Memorandum Circulars of the DOTC and

LTO and the RFID Memorandum of

Agreement (MOA) between LTO and

STRADCOM, which altogether require

motor vehicle owners nationwide to pay

P350.00 for the mandatory RFID tagging of

their vehicles as a prerequisite to the

renewal of registration of each motor

vehicle that they own.

The petitioners-in-intervention also

pray that the LTO, DOTC and STRADCOM

be permanently prohibited from imposing

the RFID Project on the following grounds:

1) The imposition of the RFID System is an

invalid exercise of legislative power by

LTO and DOTC since it is not merely a

procedural regulation, which the LTO has

the power to impose, but greatly affects the

substantive rights of citizens, protected by

the Constitution, to property and to privacy.

As such, the LTO and DOTC gravely

abused their discretion and exceeded their

jurisdiction in imposing a substantive

instead of a mere procedural rule.

Further, in violation of the Revised

Administrative Code of 1987, the LTO and

DOTC failed to conduct public

consultations and to publish the rules prior

to implementation of the RFID Project.

Thus, the DOTC and LTO have committed

unconstitutional and illegal acts.

2) The DOTC, LTO and STRADCOM failed

to comply with the requirement that the

approval of the National Economic and

Development Authority (NEDA) be

obtained before any new fee or increase in

existing fee is implemented.

3) Contrary to the requirements of the

Build-Operate-Transfer Law as amended,

the RFID MOA between DOTC/LTO and

STRADCOM was not published, submitted

to NEDA for approval nor recommended to

the President and subjected to public

bidding. Thus the RFID MOA is invalid.

4) The imposition of the RFID System is

unconstitutional for violating an individual’s

right to informational privacy. There is no

compelling state interest to warrant the

intrusion into the privacy of private motor

vehicle owners that results from the

imposition of the RFID Project.

Further, the rules implementing the RFID

Project fall short of narrowly limiting the

information that will be contained and

accessed through the RFID tags and of

assuring that personal information, which

will be gathered about motor vehicles and

their owners, will only be used for clearly

specified purposes by designated officials.

AAP President Gus Lagman explains to the media that as private motor vehicle owners, AAP members stand to be directly injured or have actually been injured by the implementation of the RFID Project.

The AAP Board of Directors (from left to right) David Arcenas, Nona Esquivel, Gus Lagman, Jacinto Mantaring, and Mandy Eduque, show their full support for the petition-in-intervention against the RFID Project.

On behalf of the Automobile Association Philippines (AAP) and its members, AAP President Gus Lagman submits the petition-in-intervention against the RFID Project before the Supreme Court on March 1, 2010.

Page 2: AAP files a petition before the SC to nullify the RFID · Must send a brief resume to the Nominations Committee, c/o AAP Executive Office, 683 Aurora Boulevard, Quezon City. The deadline

AAP Membership Services Update

Car registration renewal reminder

thru Drive

Starting on June 1, 2010, AAP members will be reminded of their car registration renewal thru a regular insert in the Drive newsletter which comes out every other month. This will replace the car registration renewal reminder that is sent to AAP members.

Check if the vehicle information in

your LTO O.R. is correct

AAP members are advised to double check the vehicle information in their LTO vehicle registration official receipt (OR). Aside from incorrect spelling and typographic errors, one of the most common errors is the color of your car indicated. In case of any inaccurate information in your OR, inform the LTO immediately.

Free windshield glass etching at AAP

satellite offices

Glass etching serves as a deterrent against car theft by inscribing the car’s windshield or side view mirrors with identifying marks such as the vehicle's plate number. If your vehicle gets stolen, the etching will help the police in tracing you as the owner. You will have an easier time identifying your car even if it has been repainted a different color or its license plates have been changed.

AAP Regular and Associate Individual Members are entitled to two (2) free windshield glass etchings. For more than two glass etchings, members will be charged P100 each. Bring your AAP-registered car to AAP satellite offices during the free windshield glass etching schedule.

Free Windshield Glass

Etching Schedule

March

19 & 20 Makati Satellite Office

26 & 27 Alabang Satellite Office

April

16 & 17 Makati Satellite Office

23 & 24 Alabang Satellite Office

May

21 & 22 Makati Satellite Office

28 & 29 Alabang Satellite Office

June

18 & 19 Makati Satellite Office

25 & 26 Alabang Satellite Office

79th

Annual General Membership Meeting The 79th AAP Annual

Genera l Membersh ip Meeting will be held on April 29, 2010, Thursday, at the Ang Bahay ng Alumni, Ramon Magsaysay Ave., University of the Ph i l i pp ines D i l iman , Quezon City. Registration starts at 2:00 p.m.

Deadline for nominations to

the AAP Board

In preparation for the AAP general membership meeting and annual elections on April 29, 2010, the AAP Nominations Committee is accepting nominations for the 2010-2011 Board of Directors until March 31, 2010.

AAP members in good standing (with no unpaid or unsettled obligations) can submit a nomination to the Nominations Committee. Nominees should meet the following criteria:

Must be a bona fide AAP member for at

least one year.

Must be able and willing to devote time and

energy to attend to the affairs of the AAP as a member of the Board of Directors.

Must send a brief resume to the

Nominations Committee, c/o AAP Executive Office, 683 Aurora Boulevard, Quezon City. The deadline for submission of nominations is March 31, 2010.

Must pass the evaluation of the Nominations

Committee. The evaluation will focus on the willingness of the nominee to devote his/her time and energy to the Association.

Must be present at AAP’s general

membership meeting on April 29, 2010.

The members of the Board of Directors choose among themselves the president, vice president, treasurer and chairpersons of nine committees.

Before you hit the road this summer, make sure that you and your car are in tiptop condition for that long, hot summer drive. Below are some helpful tips for an enjoyable summer vacation.

Tires

The long drive, heavy load and warm temperature put additional stress on your car’s tires. Make sure your tires and spare tire are properly inflated with the correct tire pressure.

Battery

Have your car battery tested. If it is weak, better replace it before a trip than to replace a dead one in the middle of the road.

Oils and fluids

Replenishing your car’s fuel tank is best done early in the morning when it is cool. About three to six percent more fuel can be loaded compared to filling up at noon when the temperature is higher. Be sure to replenish your car’s fluid, oil, windshield washer fluid, coolant, etc. according to your car’s specification.

Overheating

Prevent overheating by regularly checking the level, condition and concentration of your car’s coolant. Get help from professionals in checking the radiator, belts and hoses, cooling fans, heater core and water pump. If your car overheats, do not remove the radiator cap until the engine has cooled down.

Pack smart and don’t overload

Bring only what’s necessary. Save fuel by packing only the essential things and not your entire closet. A lighter car will use less fuel.

Preparing your car before that long, hot drive is just half of it. Make sure that you are prepared as well. Have a good night’s sleep before the trip. Set out early and plan your routes in advance to avoid road blocks and traffic jams. Take a break if you feel drowsy or tired from driving, this also allows your car to cool down. If your drive is too long, better have another driver to relieve you when you get tired.

Do not forget to buckle up and do not drink and drive. Your life, as well as the lives of your passengers, lies in your hands as the driver. Be a responsible motorist by taking good care of your car, following traffic regulations and practicing road safety.

Prepare yourself and

your car for

summer driving

Save lives by recommending schools

qualified for helmet distribution The Asia Injury Prevention (AIP), in partnership

with Federation Internationale de’ l Automobile (FIA) Foundation, and the World Bank Global Road Safety Facility, launched the Global Helmet Vaccine Initiative (GHVI) on November 18, 2009 in Moscow. The GHVI aims to promote helmet use across the developing world by working in partnership with governments, the private sector and non-governmental organizations.

To promote the GHVI in the country, the FIA Foundation, Asian Development Bank and Automobile Association Philippines (AAP) will distribute helmets to children who ride motorcycles driven by their parents to school. The helmets, exclusively manufactured by Protec and bearing the AAP logo, were designed to make wearing helmets more comfortable for children aside from making it safer for them to ride motorcycles as passengers.

In preparation for this upcoming project, AAP members are encouraged to participate in this global effort of saving lives by recommending a school with a high number of students who ride motorcycles driven by their parents. Email your suggestions to [email protected].

Page 3: AAP files a petition before the SC to nullify the RFID · Must send a brief resume to the Nominations Committee, c/o AAP Executive Office, 683 Aurora Boulevard, Quezon City. The deadline

The Automobile Association

Philippines (AAP) honored the

country’s leading race car drivers and

14 class champions at the 15th Annual

Motorsports Awards at The Grove,

Rockwell in Pasig City on February

26, 2010.

“Philippine motor sports has

prospered and grown in many ways

in these past 15 years,” said AAP

Motor Sports Committee Chairman

Mandy Eduque. He thanked the

sponsors and moto r spor ts

enthusiasts for making the event

possible and for their unwavering

commitment and support for

Philippine motor sports.

According to Eduque, the 2009

season was unfortunately marked

with a tinge of sadness as the motor

sports community mourns and

grieves the passing away of three

racers; Pocholo Ramirez, a member

of AAP’s motor sports hall of fame

and true racing legend in his own

time; Eddie Marcelo a well-known

contemporary of Ramirez who retired

from Formula racing many years ago

15th Annual Motorsports Awards

The 2009 Driver of the Year awardees with (leftmost) AAP Motor Sports Committee Chairman Mandy Eduque and (rightmost) AAP Vice President Johnny Angeles. The awardees were (from left, after Eduque) Don Thomas Pastor for touring, Carlos Anton for hillclimb, Joseph Anthony Orduña for karting, Patrick Mendiola for slalom, Jonathan Tiu for drag racing, and Harold Taring for 4x4 off road.

The awardees for the 2009 Asian Karting Open Championship (AKOC) and National Karting with (leftmost) AAP directors Mandy Eduque and (rightmost) David Arcenas. The awardees were (from left after Eduque) Carl Pollington for Cadet 60, Joseph Anthony Orduna, Driver of the Year for karting, Christian Gaddi for Mini ROK class champion, Estefano Rivera for Novice. Not in picture are Indy Villalon for SL Expert and AKOC Junior, and Marino Sato for AKOC Mini ROK.

The 2009 PTCC and PPCC class champions with AAP directors Mandy Eduque (leftmost), David Arcenas (second from the right) and Sammy

Liuson (rightmost) of Concept One. The awardees were (from left after Eduque) John Camus for PTCC Class B, Dennis Uy for Super A, Don Thomas Pastor for Class A, Doby Atilano for PPCC Class C. Not in picture are Manger Calderon for Novice and Christian Guevarra for PPCC Class B.

The 2009 Rally Cross Champion was awarded to Carlos Garcia (center) by AAP directors David Arcenas and Mandy Eduque.

but was actively guiding his

grandson’s karting career until he

passed away; and Chris Guevarra, a

young man still in his twenties who

was just starting a promising career

in touring.

In 2009, AAP sanctioned 60

separate events in eight different

national and club series. The national

championship series includes circuit

racing, drag, slalom, karting, hillclimb

and four-wheel drive while club series

include autocross and circuit racing.

Page 4: AAP files a petition before the SC to nullify the RFID · Must send a brief resume to the Nominations Committee, c/o AAP Executive Office, 683 Aurora Boulevard, Quezon City. The deadline

24/7 EMERGENCY ROADSIDE SERVICE

HOTLINES:

723-0808 726-0191

0917.848.0191 0922.860.1603

When you call the Emergency Roadside Service (ERS), remember to give the operator the following information:

Your name

AAP Membership Number

Model, color and make of vehicle

The license plate number of your vehicle

Exact location where the car is stalled (landmark)

Location where the car is to be towed

Describe what you think is the problem of your vehicle Always appoint a representative to ride with the ERS team while the vehicle is being towed. If

you are able to start your vehicle before the arrival of the ERS team, please call to cancel your service booking.

Better Roads, Better Rides, Better Lives.

Report Road Hazards Immediately!

Assisting You 24/7

Landline: 414-2288 723-0625 Mobile: 0917-504 22 88 Email: [email protected]

Types of AAP Membership

Benefits and Services Regular Member Associate Member

Individual Corporate/Group

Joining Fee P300 P300 No

Annual Fee P1,200 P900 P700 each

Three-Year Fee (optional) P3,000 P2,200 No

Registered cars 2 1 10 minimum

ERS interventions per year 4 interventions or

100km tow distance whichever comes first

3 interventions or 60km tow distance

whichever comes first

2 interventions or 40km tow distance

whichever comes first

24/7 Ambulance Service * Yes Yes Yes

Free Battery Delivery * Yes Yes Yes

LTO Registration Assistance

AAP registered vehicles only

AAP registered vehicles only

AAP registered vehicles only

Glass Etching Service (2 free etching)

AAP registered vehicles only

AAP registered vehicles only

No

Car Insurance Discount (CTPL/Comprehensive)

Yes Yes Yes

Personal Accident Insurance (18 to 70 years old only)

P300,000 P200,000 P200,000

Service Vehicle to Members

Yes Yes No

Discounts from business partners

Yes Yes Yes

International Driving Permit

Yes Need to convert to

regular membership Need to convert to

regular membership

International Reciprocity Yes Need to convert to

regular membership Need to convert to

regular membership

Competition Licenses Yes Need to convert to

regular membership Need to convert to

regular membership

Discounts

1st immediate |family member

(Joining fee is waived)

Succeeding immediate family member

(Joining fee is waived

1st immediate family member

(Joining fee is waived)

Succeeding immediate family member

(Joining fee is waived plus 20% discount)

10% discount for 50 and more cars

20% discount for 100 and more cars

30% discount for 500 and more cars

Voting Rights Yes No No

* Metro Manila only

Paste member’s name and address here

Entered as third-class mail at the Cubao Post Office by the Automobile Association Philippines under Permit no. 594, March 25, 1995. Postage paid.

IT’S TIME TO RENEW YOUR VEHICLE’S REGISTRATION

If you own a vehicle with license plate number ending in 3, you should renew your vehicle registration this March. If it ends in 4, you should renew your vehicle registration this April.

The scheduled week of registration shall follow the middle number of your plate:

1, 2 & 3 : 1st week 4, 5 & 6 : 2nd week 7 & 8 : 3rd week 9 & 0 : 4th week

Keep in mind the schedules above to avoid penalties.

IT’S TIME TO RENEW YOUR DRIVER’S LICENSE

If your driver’s license is expiring and you are celebrating your birthday this March or April, you should renew your license a week before the date of your birth. Penalties are now imposed on late renewals even if you do it on the same month

DON’T FORGET!

R E M I N D E R S

AAP CONTACT INFORMATION Main Office 683 Aurora Boulevard, Quezon City 1112 Philippines Hotline: (632) 723 0808 Fax: (632) 726 5878 Alabang Satellite Office Store 1-A, MotorTown 2, Alabang Town Center, Muntinlupa City Tel: (632) 850 9831 Fax: (632) 850 6903 Cebu Satellite Office 105 CRM Bldg., Escario cor. Molave Sts., Cebu City Tel: (6332) 232 6406 or (6332) 233 9971 Davao Satellite Office G/F Abiva Bldg., McArthur Highway, Matina, Davao City Tel: (6382) 299.4961 or (6382) 286 2191 Makati Satellite Office C-6 Arcadia Bldg., JP Rizal Ext., Guadalupe Cembo, Makati City Tel : (632) 882 6039 Telefax : (632) 882 5985 Pampanga Satellite Office Unit 11 Northwalk Land 2, Jose Abad Santos Ave., San Fernando City Tel: (6345) 436 1816 Email: [email protected] Website: www.aap.org.ph