On the way to obtain the documents needed for the release clearance of my wife in the hospital, I chanced upon a platoon of enforcers in black t-shirts, along a major thoroughfare (Buendia near corner Urdaneta Avenue, Makati) whom were palpably on lookout for transgressors.
I asked the cab driver, “we might get caught for not wearing seatbelts”.
He replied “No, they are only after smoke belchers”.
“So what happened to the seatbelt law?” I asked the driver anew.
This time the driver kept mum.
I realized that a colleague of ours had been harassed by the same political authorities almost in the same vicinity.
Of course there is nothing really new to expect here considering the predominant political philosophy “social democracy” espoused by mainstream Filipinos—where a huge majority had been inculcated to believe that government is an indispensable part of most of our lives.
But the incident above only goes to show the following:
Arbitrary laws dominate the Philippine setting. Implementation of laws have not been “fixed and announced beforehand” (F. A. Hayek The Road To Serfdom) but are applied unequally and whimsically according to the priorities of the political authority.
Arbitrary laws can be used against anyone for many reasons to which favors the political class.
I would further presuppose that such law isn’t binding between people and authorities because exemptions will be conferred to politically connected class and their networks.
Further I am reminded by economist Bruce Yandel’s analogy of the Bootleggers and the Baptist-where both parties are for restricting the actions of other people through regulations but for different reasons: Baptists-for moral reasons while the Bootleggers for anti-competitive purposes.
I would suspect here that the Baptists represents the 'green' environmentalist groups, who advocates for “nature” friendly energy, while the Bootleggers are probably those who benefit from the phasing out of old cars or as signalling to industries that haven’t been under the auspices of the incumbent political authorities. At the end of the day, what is restricted usually grows.
It’s been pointed out here that import restrictions of used vehicles have led to smuggling, where regulatory restrictions could have been due to big car companies in bed with political authorities.
Of course, there is always the need to be seen to “do something”, which can be no less than public image management, considering that the Metropolitan Manila Development Authority (MMDA) is a national agency directly under the Office of the President.
Besides, it can also mean that the central government could flexing its political muscles relative to the local authority (Local Government Units) LGUs.
While MMDA says that they will attempt to meet their goals “subject to prior coordination with and consent of the local government unit concerned”, political goals of national and local government can lead to conflicts. And the national political leadership would always want to be seen on top.
Patron client relations could also be at work here. Since MMDA is fundamentally an overlap or a redundant organization amidst the legal existence of LGUs, having boatloads of idle government employees, whom are most likely political appointees (election rewards), may put up a bad image for the national government, thus the need to be seen at work.
There are many other reasons to fill in, which you may all add up.
But there is one thing I am sure of, MMDA is just one of the many “public service” organizations which inhibits Filipinos liberty and ultimately represents a waste of taxpayer money.
Update:
I stand corrected: those operating within the Makati zone are from the Makati LGUs. Nevertheless, MMDA still conducts its own operations at EDSA as shown here. (thanks for the pointer Noynoy Oplas)
Moreover, political incentives even applied to the LGU levels, are almost similar (aimed at generating positive image for election purposes, the bootlegger-preacher incentive and posturing or projecting "public servants at work" for political appointees).
In addition, smoke belching, wang wang and seat belts signify as arbitrary laws that taints the Philippine legal environment.
5 comments:
Thanks Benson. Those anti-smoke belching guys are from makati city govt, not from MMDA. Those guys are after delivery trucks and vans especially. A friend who used to be a driver for a restaurant delivering food for their various branches told me that they have P100 ready so that those "anti-smoke" belching guys will let them go without any tests. It's mainly a highway robbery project. Those who dont give bribes will most likely "fail" and pay P1,350 or higher to redeem their plates.
Thanks Noy for the correction.
It is true that those conducting in Makati are from Makati LGU, but MMDA also conducts its operations on EDSA as shown here
http://www.gmanews.tv/largevideo/latest/67108/flash-mmda-promotes-anti-smoke-belching-operations
Bottom line: Political incentives even applied to the lower level are much the same (aimed at getting favorable votes, bootlegger-preacher incentives, doing something to say that appointees are on the job) as much as the arbitrary application of laws
asbu is a failure....hindi sila dapat nag test sa vehicles na magustuhan nila... dapat may violation muna at visible na smoke belch bago ang apprehenssions. honestly i dont trust their test... using probes kailangan din clean ang probe bago gamitin. unfair ang random test sa road while nakikita mo naman talaga ang trucks at bus na smoke belchers. kahit luma ang sasakyan...kung di mo naman birit.. di ito mag usok...maging parehas sana ang asbu.... or should i say dapat abolish na ang asbu!
talagang wala ng kwenta ang anti smoke belching natin kahit maayos ang sasakyan
failed pa rin sa machine nila, bakit?. . .. . . dahil ang manchine nila ang palpak
hindi naman accurate irebolution ba naman ng malakas di uusok katulad ng mga bunganga
at bibig nila ng puno ng usok kabibibili ng sigarilyo dapat ang bibig nila ang testingin. . .
pinepera nalang nila it's not the job ASBU concerned . . . napaka daming malalakas at
mauusok na sasakyan hindi naman nila hinuhuli, bakit? mga pang pasahero lang walang
perang pang lagay. . . hindi maganda sa lipunan yan marami na kaming kuha sa mga tao
nyo na fake employee ng smoke belcher garapalan na kung ilalantad namin ito nakakahiya
nanaman ang lipunan natin . . . ayusin nyo yan at alisin ang mga smoke belching sa kalye
ayusin sa LTO at para walang smoke belcher. . .
Sa mga nakakataas na empleyado ng gobyerno ukol dito sa smoke belching kumilos
naman po kayo maliit lang na suliranin ng mamayan ito nakaka abala sa kalye
gumagawa ng traffic... nakakita na ba kayo ng hinuhuli ng smoke belcher ang
sasakyan na wala namang usok at maiitim tapos may dumaan na sasakyan na ang
baho na nang usok maitim pa ang usok hindi hinuli kung kayo kaya ang nakakita
mataas na empleyado ng smoke belcher tatakpan nalang siguro ninyo ang ilong ninyo...
ano po ba nasyon ninyo taga rito po ba kayo o taga magindanao din....
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