-
The Land Transportation Franchising and Regulatory Board said it has consolidated the legal basis for cases against colorum delivery services, with the focus now on case build-up and criminal prosecution
-
Impounded colorum vehicles can only be released by court order, even after the P200,000 per-unit fine is paid
-
The full crackdown is expected once LTFRB finishes compiling delivery partner lists from at least five online shopping platforms, including Lazada and Shopee
The Land Transportation Franchising and Regulatory Board (LTFRB) is preparing criminal cases against colorum – the term for unauthorized or unregistered vehicles – delivery services, saying it has gathered the legal foundations it needs to win convictions.
Acting LTFRB chairman Atty. Greg Pua Jr., in press release on October 19.said the crackdown order to the board’s Law Enforcement Unit will focus on operators that deliver for online shopping platforms without the required LTFRB permits.
“We have already consolidated all the legal foundations of our campaign against colorum delivery services in order to ensure that all the cases that we would file are airtight and high assurance of conviction,” Pua said.
He added that the board’s focus is now on building cases and pursuing criminal prosecution, in response to complaints and requests for help from legitimate delivery operators. An existing LTFRB memorandum circular governs operations against colorum vehicles in public transport and delivery services.
READ: LTFRB cracks down on illegal truck-for-hire for e-commerce
The LTFRB said it has re-briefed all its enforcers, emphasizing that it has the right to impound colorum vehicles, citing a Department of Justice (DOJ) legal opinion issued in March this year. The opinion said that the board’s power to impound is constitutional and supported by at least two Supreme Court decisions.
One of the decisions is Republic of the Philippines vs. Maria Basa Express Jeepney Operators and Drivers Association, Inc., in which the Supreme Court upheld Joint Administrative Order (JAO) 2014-01 and the LTFRB’s authority to apprehend colorum vehicles.
The opinion, signed by DOJ Secretary Fredderick A. Vida, said while the LTFRB has no express power under existing law to impound colorum vehicles, its authority rests on JAO 2014-01, which the Supreme Court has recognized as valid and constitutional.
Penalties
Pua warned operators of colorum delivery services that:
- Impounded vehicles can be released only by court order, even if the fine has been paid.
- The fine is P200,000 per unit, and can reach P2 million if the law on foreign ownership of transport services is violated.
- Operators, together with their drivers, face up to 12 years in prison under Republic Act 11659, which amended the Public Service Act (Commonwealth Act 146).
Next step: lists from e-commerce platforms
The LTFRB expects to start a full-scale crackdown once it finishes compiling lists of delivery partners from at least five popular online shopping platforms, such as Lazada and Shopee. The board had issued subpoenas to the platforms on Saturday.
“So this early, we as, and at the same time warn, those engaged in illegal delivery services to refrain from doing it now for your own sake because we will not hesitate to file as many criminal cases against all those involved,” Pua said.
He added that the LTFRB is ready to help anyone legalize their operation. “That is our commitment to those who are engaged in this illegal activity,” he said.
Background: how the campaign built up
The campaign began on October 15, when the LTFRB warned private truck and van owners against running delivery services for online marketplaces without permits, as PortCalls reported. On October 17, the board subpoenaed the five platforms for their lists of accredited truck-for-hire partners, giving them three working days to comply.
JAO 2014-01 itself dates to 2014, when the then DOTC, LTFRB and Land Transportation Office signed it to raise fines for illegally operating trucks. PortCalls covered that year’s drive against colorum trucks serving Manila’s ports.
