A form of graft

In my youth, I used to sing Christmas songs in duet with my sister, Efleda. Invariably, the lyrics of most songs we sang talked about giving and sharing. In this light, I would have understood the graciousness of the entire leadership of Cebu City from the mayor to the Sanggunian Panlungsod in approving a measure allocating P15 million, presumably out of the city’s general fund (Editor’s Note: The amount was reported to be charged to PAGCOR funds). This huge part of the people’s taxes which is to be given to the drivers of motorcycles who are operating as public conveyance must have been done in the Christmas spirit of giving and sharing. And our city offialdom calls this appropriation as assistance to the “habalhabal” operators. This idea of helping a sector of our community seems to provide an aura of legitimacy to the fund allocation.

No one should question the spirit underscoring the generosity of our elected officials in giving this assistance to the concerned motorcyclists. At first blush, we must applaud our mayor and councilors for adding meat and substance to this season of giving ang sharing. When they unanimously agreed to give the financial assistance, they commiserate with the economic situation of the reportedly 6,000 such motorcycle drivers in our city because they seem to be functioning as a form of public transport. What appears is that a restraining order has been issued in a case pending before the highest tribunal against the continued operation of habalhabal. The TRO, in effect, temporarily deprives these motorcyclists of their livelihood until the case is decided upon. To make up for their financial displacement, our officials have come to their succor. There is no doubting of the good intention of the members of our city leadership.

True to the off-tangent nature of this column, let me peel off the cover of generosity that is supposed to wrap this piece of local legislation. Whoever said that the road to hell is paved with good intention might be thinking of this appropriation. Why so?

When the Land Transportation and Traffic Code was enacted in 1964, the motorcycles that were known were of the kind used by non-commissioned officers of the German army. On the lighter side of things, there was a motorcycle which Steve McQueen rode in the movie “The Great Escape”. Generally speaking, the motorbikes were both luxurious and fanciful. No lawmaker then probably imagined that someday (and that is the present time), there would perhaps be more motorcycles running on and off our roads than other vehicles. That could be the reason why the Traffic Code is bereft of any provision regulating the operation of motorcycles as a public conveyance. Harshly said, the habalhabal is, considering the implication of the high court’s TRO, deemed to be illegal as of the present.

That transport authorities supposedly acting on the strength of the TRO are arresting habalhabal drivers shows the illegality of the motorcyclists’ operation as public utility. In short, the habalhabal is illegal. If indeed this kind of operation is illegal, it cannot get the support of such public funds as the city’s taxes. Our officials must reflect thoroughly on what is written on Section 3, paragraph (e) of the Anti-Graft and Corrupt Practices Act. This law provides that it is a corrupt practice for any public officer to cause any undue injury to any party, including the government, or give any private party (in this situation, the habalhabal drivers) any unwarranted benefits, advantage, or preference (like the P15-million assistance) in the discharge of his (the mayor and councilors’) official functions through manifest partiality or gross inexcusable negligence.

I do not believe that our officials are unaware of RA 3019. Neither do I imagine that they are just doing this in the context of cornering this huge block of votes which might really be the case. But the Christmas spirit of giving and sharing is indeed appearing just a convenient tool, and if that is the case, we might have the whole city officialdom facing a graft case against them. Jesus Christ, help us.