Tulfo hits back at Gwen over "ignorant" remark

CEBU, Philippines — Senator Raffy Tulfo fired back at Cebu Governor Gwendolyn Garcia after she called him “ignorant of the law” following his criticism of the collection of fees from passengers using public restrooms at the Cebu North Bus Terminal (CNBT)—an act he claims clearly violates Republic Act 11311.

In a Senate committee hearing video posted on his social media account, Tulfo, who chairs the Senate Committee on Public Services, stressed that he observed multiple violations at the CNBT.

“Recently, I went to Cebu and meron akong nakitang violation doon. And merong mga pumalag at hindi nagustuhan yung ginawa natin doon,” Tulfo said.

While he did not mention Garcia in the video of the committee hearing, Garcia has earlier criticized Tulfo's inspection of the CNBT and his remarks of violations in the Capitol-run terminal.

“Being a senator of the country, of the land, does not make you above the law and does not give you license to just barge in, with little knowledge about what the situation is—worse, with little knowledge of the law,” Garcia had said.

"Ignorance of the law, whether you are an ordinary citizen or you are a sitting senator of this Republic of the Philippines, excuses no one. So it is incumbent upon us, public officials, to be more circumspect in the manner by which we conduct official and personal business,” she added.

During the Senate hearing, Tulfo cited Republic Act 11311, also known as the “Act to Improve Land Transportation Terminals, Stations, Stops, Rest Areas, and Roll-on/Roll-off Terminals,” which provides for improvements in these facilities and prohibits certain practices.

Tulfo urged the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) to inspect the terminal, noting that during his surprise visit to the CNBT, he witnessed several violations.

During the hearing, Tulfo said the first thing he noticed was that the CNBT was charging users for the toilet.

“Meron tayong batas na nagsasabing hindi dapat,” said Tulfo.

Tulfo specifically cited Sections 5 and 7 of RA 11311.

DOTr Assistant Secretary for Road Transport and Non-Infrastructure Dioscoro Reyes, who read Section 5 of RA 11311 during the hearing, emphasized that the law prohibits collecting fees from passengers for the use of regular sanitary facilities.

“It shall be unlawful to collect fees from passengers for the use of regular sanitary facilities therein. For the purpose of this Act, the concerned passenger must show the paid bus ticket for the day in order to avail of the free use of sanitary facilities. Provided, however, that the provision of this Act shall not apply to separate well-appointed or deluxe sanitary facilities that are operated solely for commercial purposes and for the convenience of passengers who require and prefer such facilities within land transport terminals, stations, stops, rest areas, and RORO terminals,” Reyes read.

Tulfo explained that terminals should not charge for the use of regular toilets, but noted that the law allows charging for premium comfort rooms, provided they are separate and clearly offered as an upgraded service.

Senator Raffy Tulfo cited an example during a Senate hearing that if a comfort room is air-conditioned, passengers may be charged for its use, as it qualifies as a premium service.

However, he emphasized that a free, regular toilet must still be available to the public.

Tulfo then asked Department of Transportation (DOTr) Assistant Secretary Dioscoro Reyes whether the CNBT was in violation of this requirement.

“Yes, sir, Your Honor,” Reyes replied.

Reyes pointed to Section 7 of Republic Act 11311, which outlines the penalties for non-compliance. “Any owner, operator, or administrator of land transport terminals, stations, stops, rest areas, and rural terminals who violates the prohibition under Section 5 of this Act shall be liable for a fine in the amount of P5,000 for each day of violation,” Reyes explained.

Tulfo argued that since the CNBT is operated by the Cebu Provincial Government, they are considered both the administrator and operator—making them liable for the violation.

The senator then asked the Land Transportation Franchising and Regulatory Board (LTFRB) who is responsible for imposing and collecting the fine, and whether the agency could calculate how long the terminal has been charging toilet fees.

In response, LTFRB Executive Director Loumer Bernabe said they have directed their Central Visayas regional director to issue a show-cause order based on Tulfo’s findings during his inspection.

“They will be having a hearing for that, sir. And then, after that, if they will find a violation on the accreditation of all the terminals, they will be given a penalty, sir, of P5,000,” Bernabe said.

If the local government unit refuses to comply, Bernabe said the LTFRB will coordinate with the Department of the Interior and Local Government (DILG) for enforcement.

DILG Legal Services Head Atty. Gino Lavarias said their office may issue a formal letter to the concerned LGU. If the LGU fails to respond, the DILG may initiate the filing of formal charges with the Office of the Ombudsman.

“In relation to local government code, Mr. Chair, there is a gross neglect of duty that may be filed with the concerned LGU,” Lavarias said when Tulfo inquired about possible charges.

Tulfo also disclosed that the terminal collects P2,000 per month from each bus unit, a P250 terminal fee for each parking, and P75 per bus arrival.

“Tatlong tagak and yet free CR hindi niyo kaya mai-provide?” Tulfo questioned.

He also mentioned another issue he observed– there were many electric fans in the terminal, but none were functioning, while the ticketing office was air-conditioned.

The senator said that they were told that the ventilation only operates at night, which he said is unacceptable.

Tulfo claimed that passengers are being “shortchanged.”

“They’re paying the right amount for the plete kung tawagin sa Cebu, and yet hindi sila nag pro-provide ng good service,” he said.

However, Tulfo acknowledged that improvements have since been made and thanked the Cebu Provincial Government for taking action and addressing his concerns.

Tulfo further asked the LTFRB whether the lack of proper ventilation also constitutes a violation under the law.

Bernabe confirmed that it could be, under Section 4 of Republic Act 11311. However, he noted that the CNBT had taken steps to provide electric fans or other forms of ventilation.

Tulfo then clarified that due to these remedial measures, the government could no longer pursue a case against the terminal regarding the ventilation issue.

The senator also confirmed with the LTFRB that any other bus terminal operated by an LGU may be sanctioned under RA 11311, specifically under Sections 4, 5, and 7.

“Ngayon sino ang ignorante,” Tulfo remarked, apparently alluding to Gov. Garcia’s previous criticism.

In response, Garcia told The Freeman on May 4, 2025, that while Tulfo is entitled to his opinion, the correct interpretation of the law should be left to the judiciary.

“He is entitled to his opinion, right or wrong. But when it comes to the proper interpretation of the law, I believe that is why we have the courts for that,” said Garcia.

To recall, during her inspection of the CNBT on April 16, Garcia explained that the comfort room in question is part of a public-private partnership between the Capitol and Mr. Loo Philippines, the private operator of the terminal’s paid restrooms. While there is a P10 fee for those facilities, she said a free public restroom is available inside the mall adjacent to the terminal.

The governor also cited Republic Act 11311, which allows the existence of premium, commercially operated restrooms in transport terminals, provided that free toilet facilities are also made available to passengers. (CEBU NEWS)