Haru’s Thoughts: Abusive Makati Emission Officials

I know I have been absent lately with reviews. And to think my next post is still unrelated to reviews. I have to let this out before the day ends. I have to share this my experience today, in a more detailed manner. I was able to share this already in my personal Facebook account, and with my personal twitter account, as it happened.

 

But I feel like I should share it here as well. In case something happens. You’ll never know. It’s something I learned from Senator Miriam during the Napoles trial: Make it known to public. Make a testimony. After, they can’t touch you and your loved ones since it will be known. Also, it’s better to be paranoid than to be sorry. So here it goes.

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Who knew this is such a popular modus from Makati Anti Smoke Belching Unit?

Note: If you’re not living in the Philippines, and/or uninterested with how the corrupt system works here, move to the topic before or after this. 

Incident: Random Emission Testing Conducted by Makati Officials in accordance with the Clean Air Act

Date and Time of Incident: November 9, 2013 (Saturday); Between 2-3PM

Location of Incident: Under the second elevated U-turn (coming from Bonifacio Global City), C5 – Northbound, Metro Manila, Philippines

Details of Incident:

My brother and I were headed back north after coming from S&R, BCG branch. We were tasked to buy pizza in S&R for our sister’s birthday. My brother was the driver and I was seated behind the passenger seat with the 2 boxes of pizza on my left. As we passed by the second elevated u-turn, we got flagged down by two of those Makati officials (in green shirt, in his mid-20’s, and the other in a black collared shirt, also in his mid-20’s), along with other cars (rather old cars). The officer asked for my brother’s license and a copy of the vehicle’s OR/CR (vehile was a Crosswind, and running on diesel) for information, and he explained (in Tagalog) why we got flagged down, “Emission testing lang (For emission testing only)“. My brother complied, while I searched for the photocopy of the vehicle’s OR/CR. When my brother was talking to the guy in green shirt, I made to a point I took his photo in a visible manner (within 5 minutes of the incident). Why? He didn’t even introduced himself when we were flagged down. So he replied threateningly, “Sige, video niyo pa ‘yan. Tutuluyan ko kayo (Go ahead, take a video. I’ll make it harder for you.)“. I initially want to get a video, but my phone’s already low in battery. So I posted it on my personal twitter account right away, just in case something happens.

1

The guy in green shirt

They asked us to move to the side, and line up for the emission testing. I phoned in my mom since this isn’t the first time our vehicle got flagged down for the same reason. In fact, it was the second time. My dad got flagged down on the same location, with the same vehicle few months back. So this time, we were ready. Information ready. My mom provided us information on what to do and not do, what to say, etc. We also recalled what my dad told us when he experienced the incident and what he should have done. But still! Experiencing it yourself is very scary. 

As we wait in line, we noticed that the 2 vehicles in front of us (rather old looking models, also running in diesel), failed the emission test they conducted since they took their back plate numbers. Also, note that a guy in yellow (the licensed emission officer, according to himself) did the tests on the vehicles’ drivers’ behalf.

On our turn, the guy in green gave us back my brother’s license and the vehicle’s photocopied registration. He then asked the guy in yellow shirt to come over. The guy in yellow shirt stood by the driver’s door, indirectly telling my brother to let him do the emission test (stepping on the gas of the car). My brother and I invoked our right that he cannot go in the vehicle since it is our private property (yes, according to the law, they are not allowed to go in the vehicle without a warrant, since it will be considered as trespassing, a criminal offense. The vehicle you are in, acquired legally, is considered as your private property – like a house. If you let them in the vehicle, then it is not considered trespassing since you volunteered them to do so). The yellow shirt guy then moved to the passenger side and insisted again. We again invoked our right. With that, he walked to his group (under the trees, there are at least 6-7 of them in total: 2 guys in yellow shirt, 2 guys in black shirt and 2-3 guys in green shirt) then walked back to us. The guy in yellow then told us, “Ah, ikaw nalang? Marunong ka naman di ba? Apakan mo hangang singko [rpm]. (Ah. So you’ll do it? You know how to do it, right? Step on the gas until it reaches 5 rpm)“. We then replied (in tagalog), “According to the DOE regulation, the maximum allowable to this vehicle is up to 3 [rpm].” With that, he turned his back and said annoyingly, “Sige, sige. (Ok, ok.)

On his signal, my brother stepped on the gas until it reaches 3rpm, as what you would do on a normal emission test. So we performed it according the law.

After a little while, the guy in green came back again, his face looked rather annoyed and said, “Dahil ayaw niyo magparticipate, wala kami nakuha. (Because you didn’t want to participate, we didn’t get anything.)” I had to correct his statement, it’s not true. So I replied (in tagalog), “We participated. We followed based on the rules set.” To which he replied, “Wala nga kami nakuhang usok! (We didn’t get any smoke!)” Of course, this vehicle was well-maintained. How can we get the car registered if it wasn’t in the first place? After his statement, we then asked (in tagalog), “May we have your identification card and mission order?” Our remark startled him and replied more annoyed and slight fear, “Pinabayaan na nga kayo. Hingin niyo pa? (I let you off already. And you still will ask for it?)“. Ok, so with that, we left the spot. We didn’t pay for anything, as most of the stories ended nor had our plates removed. I just hope the ones behind us followed suit.

 

Some facts over the incident:

  • According to implementing rules and regulations of the Clean Air Act (Republic Act 8749), they should only conduct the session mentioned above Mondays to Fridays ONLY. Unless they have the mission order that they are officially asked to do it also on weekends.
  • They would want to perform the test themselves to make sure your car will fail.
  • When asked to pump the gas till 5 rpm, there will definitely black smoke coming off the vehicle, thus making you a violator. It will also ruin your car. That’s why there are maximum limits set within the IRR.
  • The emission test should be conducted as how it is conducted during renewal of your registration. It is also stipulated in the IRR.
  • The guy in green shirt’s threat to me when I got his photo, technically I can file a case against him.
  • The guy in green shirt’s hesitation to provide identification card and mission order is a red flag. They don’t want to be identified. I wonder why. Hmmm….
  • Ask them to show you their certification of the device and the tester (TESDA certified). For the others, certified/authorized ID, etc.
  • Ask for proof if you are a smoke-belcher from them (like photo of your car emitting black smoke)
  • It is really prevalent. Here are some forum links on the topic: http://www.pinoyexchange.com/forums/showthread.php?t=564808&page=3 , http://www.topgear.com.ph/board/index.php?topic=16944.0 , http://www.thelobbyist.biz/perspectives/less-government/item/114-anti-smoke-belching-harassment

 

So what’s the lesson? Let me enumerate them:

  1. Be alert and pay close attention to the incident.
  2. When flagged down and was asked for the license and registration, ALWAYS ask for the officer’s identification card and mission order, graciously,  in exchange. Never give your license and car’s OR CR. ONLY SHOW IT, since they can only take your license if and only if you are involved in an accident. This is for your protection. This is something that we should have done in the first place. Ask other certifications, legal documents (like for the tester, etc), when necessary.
  3. Know your rights as citizen and the governing traffic rules. They cannot enter your vehicle since it is your private property (unless with a legitimate warrant). Know the IRR (Implementing rules and regulations) of rules specific when driving vehicles (such as the Clean Air Act, Traffic Rules and Violations, etc). This works very well if you are very sure you didn’t commit any violation.
  4. Keep a copy of the traffic rules, laws covering private vehicles, etc in your vehicle. Highlight the important points and make sure you are updated. Keep them close with the insurance papers, copies of vehicle registration and photocopy of your driver’s license.
  5. Talk with a calm head and voice. Show confidence (not over, ok?)  and look as if you know what you’re doing and saying. Even if you’re nervous also. They will not be pushy if you show you know what you are saying or doing. In fact, they will be nervous and defensive.
  6. Make sure your mobile phone is charged and know who to contact on emergency cases. You may take pictures, video of the incident.

 

So there. Hope this helps you folks out there. Please this share to your family and friends. This abuse of power has been running for months since the implementation of the random smoke emission test. So I’m sharing to you our experience so that you will know what to do when the time comes. It is also prevalent in Pasay as well.

 

Let us show them that they cannot underestimate the people and push us citizens around. It’s time that we should step up and fight for our rights (especially if you are sure that you are innocent).

 

I would like to thank our parents for being on the other side of the phone line, guiding us. Even pulling in some reinforcements, just in case. We do have connections, and will use it should the need arises. Thank you to my brother for keeping a calm head, and to our guardian angels for watching over us (and continue doing so).

125 thoughts on “Haru’s Thoughts: Abusive Makati Emission Officials

  1. Grace Reyes says:

    We had the same experience but it was in June 2012. We were flagged down at the foot of Magallanes Bridge after exiting SLEX. They first informed us that they wanted to random check our van’s emission. We refused and said we already registered and had it done back in Feb of the same year. They said emission tests done during registration expire in two months (Is that true?). We did not believe the enforcer and they insisted. We put our foot down and said no. They were going to charge us P1,000+ for the emission testing kuno. After some time, they eventually let on they wanted kotong. We said we did not have any cash on us. The kotong enforcer settled for P 200. Much as we don’t want to resolve this issue by being party to corruption, we had no choice. We were in a rush to go someplace and we don’t live in the metropolis. Thanks for the tip. Next time we are flagged down, I will do your advice.

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    • Juan Santos says:

      The two month expiration date is another manufactured “policy daw” by these Makati ASBU (Anti Smoke Belching Unit) of Makati Pollution Control Office (MPCO).

      This has been a money making scheme- modus operandi- open hi way robbery, brainchild by the then former Mayor Jejomar Binay, now continued by his son JunJun Binay.

      They collect millions of funds from these corrupt and erroneous procedure.

      The reason why they say there’s a two month period is that Makati Local Government sells P300 of sticker to public jeeps/buses. All those with said stickers shall not be flagged down.

      Grabe talaga ang corruption dito sa Makati ng mga Binay

      Like

  2. george says:

    fyi citizens and netizens……when the emission test was made mandatory for registration…your test if you past it is valid for one year or up to you next registration…that was before….i dont know when how and why…but at present..your test will be valid only for two months starting on the date of your last registration….whoever implemented this memo or tactic is sure in connivance with the lgus and apprehending officers so that they will have a valid reason to flag down or stop anyone anytime for their random test……check your emission test papers..it is written on small letters the validity date….why the validity for two months only??? your guess is good as mine…be vigilant always…..

    Like

    • haru_kloh says:

      Thanks for dropping by and for the tip george! I totally have no idea why. But if that’s the case, then what’s the purpose of the emission test for registration? Loop holes. xD

      Like

    • Chuck E. says:

      Here in the US the validity date of the emissions certificate is 90 days. Meaning within 90 days you need to pay for your registration fees. It does not mean the test is only good for 90 days. Your registration is good until the next year. Smog testing is every other year here in the US. Misinterpreted yun ginagawa nila at racket pa. The BAR of California is the agency that the LTO patterned after their Emissions program. BAR means Bureau of Automotive Repair.

      The only other way the State of CA requires your to test a vehicle again is when you sell or buy a vehicle, Change of Ownership.

      Now in CA we have a program similar to what this guys are doing, it is called Roadside smog. But the purpose is not to issue tickets to the public. In fact it checks up on the Smog stations and the whole smog program, or in your case emissions testing center. If we test a vehicle and it fails a test, we inform the consumer that it is failing and that emissions are elevated plus fuel consumption will increase. That’s it ! No tickets ! In fact if the consumer refuses due to an appointment or anything else, we let them go. We can not force them as it is their right. We are only asking and it is not mandatory for them to participate.

      FYI. I have been in the CA Smog program for 26 years and worked for the BAR, CA.

      Like

      • haru_kloh says:

        Thanks for dropping by Chuck and for your insights! It is possible they have the same stuff in mind, but yet again, implementation is the problem here in the Philippines. We do have good laws (written), but fail on the implementation and maintenance.

        Like

    • allan says:

      maybe bcoz they know that its a diesel, so most probably will emit black smoke if you step hard on gas pedal, and mostly more percentage that hey can rob you , isa pang mga favorite parahin nyan mga yan eh mga delivery vans.. lam nila mkikipag areglo kasi nagmamadali. sana matigil na mga ganyang modus.. parehas lang sila ng mga towing (wrecker) mga magnanakaw at holdaper with permits…

      Like

      • haru_kloh says:

        Thanks for dropping by allan! I would have to agree with you with the towing also. Sigh! Really. The country should do something about their implementation. And do background checks!

        Like

  3. jr says:

    Related article by Mr. James Deakin (Philippine Star)

    http://www.philstar.com/motoring/2013/04/24/934047/smokey-and-bandits

    I was victimized once a long time ago at Osmena Highway under the flyover but I just paid P200. My car is not even smoke belching. After that I always ignore them even if they flag my vehicle at Roxas Blvd (Baclaran) and EDSA (when you go up from the underpass). Just speed up even if they try to block your car. They just want your money.

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  4. paul san diego says:

    Exactly what happened to my dad last nov 18, 2013. To avoid hassle, my dad was obliged to pay 1000php (asked by the asshole official)

    Like

      • HC says:

        @Wayne @Brute The reference I found in the Implementing Rules:

        For gas engines, it’s 2,500 rpm.

        “a. Immediately preceding the measurement, adjust the instrument to zero and accelerate the engine to about 2,500 rpm, using the tachometer, if available. Maintain this speed from ten (10) to fifteen (15) seconds, then release the pedal to return the engine at idle speed.”

        But I need help with diesel engines. The only provision I found was —

        “e. With the engine idling, depress the accelerator quickly, but not violently, to obtain maximum delivery from the injection pump. Maintain this position until maximum engine speed is reached for about two (2) to four (4) seconds and the governor comes into action.”

        I may be missing something but I can’t seem to fine the maximum rpm for vehicles with diesel engines. Can anyone help?

        Like

  5. Brute says:

    I’ve read the implementing rules and guidelines but could not find exactly where it states that they are permitted to conduct the session Mondays to Fridays ONLY. Can you enlighten us further?

    Like

  6. AR says:

    I actually had the same experience. I was afraid then when we got flagged down. I ended up paying them P2,300 (“the standard fee for the violation,” they said) and had been issued a ticket (because I didn’t surrender my license and refused to take the emission test). Here’s the thing; I had no cash on hand, so I decided to go to the nearest ATM. You won’t believe that they even followed me just to make sure I got what they want. Makakapal lang talaga muka nila!!! Once paid, they issued me a “ticket” — made from a used 7/11 receipt with their signature written at the back. I knew at first that it was illegal and bogus, but you really can’t help yourself once your nerves take all over you. Anyway, this is a big lesson for me after all. Thanks for posting this!

    Like

  7. jimjohn says:

    These a-holes have a penchant for stopping the following vehicles: Isuzu Fuego, Mitsu L300, Mitsu Adventure & Crosswind. I was driving my Fuego early this year and got stopped along with some of the above-mentioned vehicles at C5 near the road leading towards BGC. Since I was in a hurry I gave them P400 and they let me go. Felt bad about it but had no choice. Thanks for the heads up!

    Like

  8. Daniel Mana-ay Sta Maria says:

    Sana matindi ang kaparusahan sa mga traffic enforcer na kagaya nito.instead na sila ang magpatupad ng tamang traffic rules sila pa mismo ang bumabali dito. kung bitay lang sana kaparusahan nito ang pagkabilanggo habang buhay, ewan ko lang kung magkalakas sila ng loob gawin ito. sa davao kaya nila gawin e2 ewan ko lang kung ano gawin ni duterte sa kanila.

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  9. sel says:

    Thanks for the post, very helpful. Same thing happened to me last year at the same spot. I’m also driving a crosswind. The sad part is, I was so scared that they were able to get Php700 from me. It was my first time to get flagged for a violation and I didn’t know what to do. They told me they will confiscate my plate and I have to undergo a long process to get it back. So they offered their “help” by just giving them Php1700 since the “legal” process will cost me Php2000+. I told them (they were 2 officers) I don’t have money but they insisted. I ended up pinning the 700 in one of the guy’s flip cellphone. Now everytime I go south, I get paranoid that I will always get flagged because I also noticed that they have a thing for isuzu vehicles.

    Like

    • haru_kloh says:

      Hi Sel! Thanks for dropping by. Goodness. I hope it doesn’t happen to you again. I hope our government do something about this. Loose law, prone to abuse from the officials… 😦

      Like

  10. Raynard Ocampo says:

    I had 1 experience year 2009. They will tell you that you failed and will let you go if you pay the certificate that your vehicle passed the test for P500.00, I just bluffed that my uncle is on his way and took their identification telling them:”Sabi ng tito ko wag daw ako aalis at gusto daw nya kayo makita, sa munispyo sya nag ttrabaho.” After hearing that, they returned my documents and let me go. I insisted that my uncle is already nearby but they said that they need to go too.

    Like

    • haru_kloh says:

      Hi Raynard! Thanks for dropping by. I noticed they have A LOT of inconsistencies when it comes to how much the penalty actually is (from posts in forums and blogs, Facebook comments and even here at mine!). It was rather sly of you to do that. It just goes to show how legit their actions are. 🙂

      Like

  11. Dr, Magdalena dela Cruz says:

    It happened to us also as was recounted here. We ended up paying the kotong traffic enforcer because we were in such a hurry and the vehicles they flagged has already formed a long line. Il wonder why they are being allowed to do this when our vehicles underwent such test before registration. It’s defenitely one way for them to use such ruse to extort money.

    Like

    • haru_kloh says:

      Thanks for dropping by Dr. Magdalena! In my opinion, this is based on the written law having loop holes, and our LGUs extorting these loop holes.:( It’s a sad reality that these older dogs are teaching the new ones the ropes in bad implementation. Worse, we civilians take most of the damage.

      Like

    • haru_kloh says:

      Thanks for dropping by Tumal! It’s in the IRR (implementing rules and regulations) on the max rpm for your vehicle. Also, when you do the pre-work for registration (emission testing in their accredited testing sites), they have it posted on the walls. And they ask you to do it yourself. 🙂 Hope this helps!

      Like

  12. simon Miranda says:

    Hi ,experienced the same thing early this year..The other place they position themselves is Edsa, between ayala and buendia, northbound. i was also driving a crosswind. I was able to talk my way out of it. Aside from other vehicles, i think the likes of isuzu should bring this up to the authorities. I mean,for those who can’t talk their way out and fall vicitm, it”s bad publicity for these vehicle manufacturers right? like,ay ayaoko sa crosswind kase laging pinapara ng mga smoke belching goons…

    Like

  13. ray says:

    same happen to me..as always for starex van too… nwei since dey are consuming much of my time i might as well go on citizen watch the whole day on their spot and take every note of wat dey are doing if dey give me a hard time / i also told dem i notice dey dont do this to jeepneys and buses which is number 1 violators of smokebelching , so i told dem if that so i can take video and shots if i see annomalies in their work plus i will get all der names and give dem hard time too and report this to the media and papers.. den dey fled me out of their spot… we citizen hab rights too to check on dis leechessss!!!

    Like

    • haru_kloh says:

      Thanks for dropping by Ray! I heard from a family friend of mine that evil hates being exposed. It just goes to show that they know that what they are doing is wrong, plus, it will cost them their jobs if they were found out. If I’m not mistaken, you can file a case against them to the Ombudsman, as long as you have their names and hard evidence. It will definitely give them a hard time when they retire/resign from their current position. 🙂 Hope this helps!

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  14. Jennifer says:

    Happened to us around July this year, at the C5 uturn slot going to Kalayaan. We were in an Isuzu Trooper which is diesel also. While we were waiting for the emission test there were several jeepneys passing all with black smoke coming out of their tambuchos so I asked the enforcer “why are you not catching them, those with really black smoke?”
    He answered that they have a schedule! So they really target private cars since these are the ones that can afford to bribe. I felt so bad because these jeeps were all passing us with their blacked smoke and they were all getting off free!
    We went through the process, refusing to offer any bribe and they really took their time, messing up our busy schedule. We were issued a ticket and our back license plate was taken. We had to have the tambucho cleaned, take another emission test and the fine (maybe P1,000, can’t recall how much) and claimed the license plate within the week.
    Thanks for the tips. Now, we know what to do when it happens again. I still see those enforcers there now, but we avoid the place.

    Like

    • haru_kloh says:

      Thanks for dropping by Jennifer! I’m sorry to hear you went thru that ordeal. Yes, they get a kick out of targeting private vehicles since they get more money from us. I guess, it’s also part of our fault for being less knowledgeable with the rules and regulations, and letting them extort us. If only the people would be more knowledgeable and disciplined, then these guys won’t be doing this. 🙂

      Like

    • haru_kloh says:

      Thanks for dropping by Roger! Well, maybe it’s because for them it’s “all in the day’s work!”. Fortunate for them, we know and armed with the rules. Plus, we also know for a fact that we are good, law-abiding citizens. You can never go wrong as long as you are on the right path and innocent. 🙂

      Like

  15. wil says:

    HI Haru,
    Thanks for sharing this. I wanted to print the particular Section about the maximum rpm while doing the emission test…I can’t find it in the IRR of Clean Air Act

    Like

    • haru_kloh says:

      Thanks for dropping Wil! You may look at the annex of the act itself. Also, there is a phrase there that pertains to how it should be done (similar to emission test prior to registration). So you may use that, and refer to the limits shown in the accredited emission centers. They have it all over the place. 🙂 Hope this helps!

      Like

  16. Charles says:

    Bakit hindi nalang sila (ASBU) bumiyahe, then flag down those buses and jeeps and other vehicles who really emits black smoke in broad daylight, instead of doing random testing? ang dami daming bus or other puv’s dyan sa edsa or slex na sobrang itim ang buga ng tambutso, na tipong hindi mo na makikita ang kalsada.. if they’re really into anti-smoke belching, this, for me, is the best solution. Hindi ka na maiistorbo, wala pa yung mga smoke-belchers sa kalsada 🙂

    Like

    • haru_kloh says:

      Thanks for dropping by Charles! True to that. I’ve read from somewhere that there is this sticker they buy so they won’t be apprehended. xD There intention of the Clean Air Act is really good, it’s just that the implementation makes it look so terrible.

      Like

  17. EC says:

    Hi guys,

    I found your posts most interesting and would like to ask if there has been any new information on the question posted by “HC” (posted below)

    [ “e. With the engine idling, depress the accelerator quickly, but not violently, to obtain maximum delivery from the injection pump. Maintain this position until maximum engine speed is reached for about two (2) to four (4) seconds and the governor comes into action.”

    I may be missing something but I can’t seem to fine the maximum rpm for vehicles with diesel engines. Can anyone help?]

    What concerns me is the phrase “Maintain this position until MAXIMUM engine speed is reached”. Does this mean the enforcers can ask one to floor it?

    Thanks

    Like

    • haru_kloh says:

      Thanks for dropping by EC! The maximum it refers to is the limit defined by DOE, not by flooring it. Flooring it at idle would really produce smoke and might even destroy your engine. I may not be a car expert, but this had been a testimony by everyone. You can see the max limit in authorized emission centers (when you have your car registered). I’ve heard from somewhere that the max defined by Makati is 3.5 rpm (don’t quote me! I just heard/read it from somewhere), but DOE has around 3rpm as max, but depending on the vehicle (diesel/gas, year, make, etc). Hope this helps!

      Like

  18. scatter17 says:

    thank haru_kloh for your the post..i’m am a victim of this thrice already and I always ended up paying them P500 (kotong)..salamat sa mga tips and advice..My ways to prevent from being flagged by them..When i noticed them I always straight looking when driving on the road and pretending I’m didn’t see them. I just drive in the inner lane and speed up without looking at them..Although my companion see they are waving me to stop..hehe..But they won’t chase you after that

    Like

    • haru_kloh says:

      Hi Scatter17! Thanks for dropping by. Well, our guy here stood in front of the vehicle, so he’s hard to pretend not to see him. Sometimes, they go to the extent of standing right smack in the middle just to flag down cars in the inner lane. Hope I was able to provide insights to you and your wife. 🙂

      Like

  19. george says:

    good day haru…..fyi citizen and netizen….i dont know if i am right but i think its illegal for them to confiscate your licensed plate because its part of your private property which is your vehicle…there was a ruling about that years ago and as far as i can remember..the high courts ruled that that is illegal except in some special cases that they specify….so just ask them for a memorandum order if it is legal for them to confiscate licensed plate of vehicles..they will surely backout….the worst thing they can do is issue you a ticket for corresponding violation and also they are not allowed to confiscate your license…i hope am i am right on this….i am attaching trafic violation and administrative fee and charges for more infos and reference…hope it helps….be vigilant always….http://www.lto.gov.ph/index.php/services/drivers-licensing/82-fines-penalties-for-traffic-and-administrative-violations

    Like

    • haru_kloh says:

      Hi George! Thanks for dropping by and for the information. I’m not sure also about plate confiscation, but there is this rule somewhere that LTO has authorized some groups (such as the ones in NLEX), which they can confiscate your license. Unless they have this authority, then they can confiscate the license. If not, then it makes the action illegal.

      Like

  20. george says:

    fyi also……swerving is not a traffic violation…..they will say that its reckless driving but it is never mentioned in the lto memorandum…..be vigilant

    Like

    • haru_kloh says:

      This I would have to agree. Swerving is not a violation. Also, how can you swerve with 2 lanes? My hubby got flagged down for swerving in Manila – merely shifting from one lane to another. They are just desperate and want easy money.

      Like

  21. Jason Kim says:

    Hi! it is nice to know this information.
    As a foreigner in this country, we often abused by corrupted officers (or maybe fake officer). I wish we can prevent being abused or fooled.

    Like

    • haru_kloh says:

      Thanks for dropping by Jason Kim! I’m so sorry to hear that. 😦 Majority of these people think foreigner equals easy to fool and more money. Frankly speaking, I don’t think there is a way to prevent being abused/fooled by these men (as the saying goes, there’s a will, there’s a way). You really have to just arm yourself with the law and knowing your rights, and making sure you are 100% innocent and law-abiding, you’ll be fine. When flagged down, always ask for their identification, mission order/memorandum order, your violation, and take pictures plus videos. If they see you’re much of a hassle, they’ll leave you alone. 🙂 Hope this helps and enjoy your stay here in Philippines! 🙂

      Like

  22. Deedee says:

    isa sila sa mga dahilan kaya nagkakatrapik everyday morning sa C5 to TAGUIG vice versa, pinagtratrapik nila para maharang nila agad ang mga gusto nilang i flagged down.. kahit namn makahuli sila ng 100 vehicle sa tingin ba nila nakatulong na sila sa kalikasan bagkus nakaabala sila ng motorista halos everyday part na sila ng C5 kalayaan kulang nalng mag tayo na sila ng head quarters nila doon nakakainis lang…

    Like

    • haru_kloh says:

      Thanks for dropping by Deedee! The intention of the Clean Air Act is good, however, it’s the implementation that needs to be improved. Sadly, these people aim only at getting money out of fooling motorists, not at helping the environment. Yes, we have to do our part but on the proper and right means. 😦 And YES they are the cause of the traffic in C5.

      Like

  23. freedomloverboy says:

    Last time I was flagged down, I lowered my window, gave a genuine smile, shook my head to say “no” and gave the guy the finger. Nagulat ata siya hehe. I really don’t get why these people think they have the right to interrupt busy people in their daily lives with no cause. All while letting the obvious worst polluters, buses and jeeps, blow tons of smoke shamelessly. Know your rights and tell them to f— off.

    Like

    • haru_kloh says:

      Thanks for dropping by Freedomloverboy! I lol’ed at what you did. I agree that why do they pick on the private cars when the obvious public vehicles are polluting? I can’t imagine how they would stop a polluting bus though.

      Like

  24. Purple_Smile says:

    I had this same experience and this guy, together with around 10 more men had me stop while I’m on my way to BGC. I was in a hurry during that time because I need to be in the office before 10am for a meeting.They asked me to go down from my car. Had I known these rights that you have mentioned above, I will not follow them. I got scared actually, being a fairly new driver, I didn’t know what to do. When they said that its a random testing, I went down the car ( my sister is with me then, so I didn’t worry that much). I was very confident that I will pass the testing because my car is just 2 years old and casa maintained. This guy stepped on the gas too hard that it even loosen the screw of the gas pedal. I was so shocked when they said that my car failed the test and handed me the result from their machine. Immediately, the guy got my plate in front and said that I need to get it in their office in Yakal st. I have to pay 1300 . I was in shock so I immediately call my car’s service center and scheduled for a general check up which cost me 11,400. Given that my car is fairly new, I was told by the service advisor that it is very unlikely to emit that black smoke not unless I drive like a drifter ( with the heavy traffic in C5, it would be a surprise to have a speed of 60kph). After everything has been checked, I went to the office of those emission testers in Makati. It was around 4:30pm, I was handed over a certificate valid for the next 3 months and asked me to pay 1300. (take note: no emission testing to validate if my car is no longer emitting black smoke.) When I asked for the receipt the guy told me ” Maam wala na po kasi yung tiga issue ng resibo namin, naka uwi na” I said ” is there anyone who can issue a receipt to me then?” Wala po eh siya lang ( duh!), yung certificate naman po namin may naka lagay na amount ng binayad nyo okay na ho yan. Kung gusto nyo naman ho eh bumalik na lang kayo bukas. I was so pissed off and thinking that its a waste of time to go back there the next day, I just accepted the certificate and left. Very disappointing government workers ( who happens to be one of the recipients of the taxes that we are paying every month)

    Like

    • haru_kloh says:

      Thanks for dropping by Purple_Smile! Oh no. Is your car ok? I feel sorry for you that they exploited you, and it is indeed a waste of time and our taxes from our hardwork. I wonder though if BIR can look into it since afterall, you paid without a receipt. Haha! That would be funny.

      Like

      • driftracer85 says:

        They even block your way to catch you.What I do is honk my horn at then (as in press and hold). I even threatened running them over. I just can’t stand them big time. They should be erradicated at all costs.

        Like

        • haru_kloh says:

          Thanks for dropping by driftracer! I’m rather afraid to threaten to run them over. What if you accidentally run over them? It would definitely be a bigger trouble.

          Like

  25. Iris says:

    Thanks for sharing! But I think it would be better if you could report it in the media (especially since you experienced it yourself), so more people would be aware of the problem and the proper authorities will finally address it. Medyo talamak kasi yan and garapalan lalo sa rush hour. You’re correct in saying that these so-called law enforcers cannot enter your car, without your express consent, necessary authority and/or reasonable ground to suspect that you’ve committed a crime. Madami nga lang hindi alam ang karapatan nila. Best to always ask for badge/mission order number and name if in doubt.

    Like

  26. Alwyn says:

    Maraming salamat at may pumansin na sa grupong ito. Nakatira ako sa Makati at lagi kong nakikita ang operasyon nila sa may kanto mg Buendia at Osmenia Rd. Matagal ko nang nais tanungin kung para saan ang ginagawa nila. Ang malaking tanung ko – 1. Bakit yung mga pang pasaherong jeep at bus hindi nila hinihinto – mas halata naman ata na mas maiitim ang usok ng kanilang sasakan. 2. Di ba dapat sapat na ang testing noong nagpa-rehistro ka ng sasakyan sa LTO o pag nag-renew ka ng rehistro ng sasakyan? 3. Hindi ba ito parang tulad na din ng isang ‘illegal check-point?’ At bakit sa Makati ko lang madalas makita yan?

    Ang totoo meron akong nakita na may nag abutan ng pera para lang makalusot – at malaking gulo ang ginagawa nila sa trapiko.

    Dapat talagang may pumansin na sa ginagawa nila.

    Like

    • haru_kloh says:

      Thanks for dropping by Alwyn! To answer your questions:
      1) According to one of those who dropped by here, they do issue stickers to franchises of jeeps and what not so they are “immune” to being caught.
      2) The law has a rather gray rule here. Between the writer of the IRR vs the LGU. Something that should be clarified by the government officials (those who wrote the law).
      3) Well, it’s with the LGU. They may or may not be authorized to do it. Probably Makati is empowering them to do this? That we don’t know.

      I guess with this and all the sharing in facebook (I can see were most of the viewers are coming from), then awareness is across the people.

      Like

  27. Dan severn says:

    Thank you haru for this info. I also have the crosswind model that’s why i got flagged down numerous times. I’ve only been apprehended twice but with a different vehicle. I bribed the 1st one and went legit for the latter hehe.I dont stop to them anymore and even shoo them away. 10/10 times they didn’t follow. I am under the impression that they are not traffic enforcers so they cannot chase you even if they do it wont matter. Tip: just wave your hand trying to say “no thank u” and drive past them with your normal pace. Pls dont try to run them over even if your heart is telling you hahahaha. Again thanks Haru for being a concerned citizen. I am more confident now with the knowledge you shared. Godbless

    Like

    • haru_kloh says:

      Thanks for dropping by Dan! True, it’s so hassle and we could drive past. But hey, we need to go in accordance with the law, at times. I’m not sure if they could charge us for not participating or anything.

      Like

  28. Jeff Layosa says:

    Dapat nga yung mga public vehicles ang inuuna nila dahil un ang hindi nagme-maintain ng mga sasakyan nila. Kung mag change oil mga PUV’s once every 3 years???… Modus lang talaga nila ito dito sa Makati!

    Like

    • haru_kloh says:

      Thanks for dropping by Jeff! I think it has something to do with renewal of their franchise, but hey, they could have found a way to go over the law. Easy way out, as they say.

      Like

  29. john says:

    bro pakiusap, since u have all the details and a ground para masampahan ng kaso, tuluyan nyo na sampahan. para naman maturuan ng leksyon at ng wala ng mabiktima yan grupo nila.

    Like

  30. juantamundong says:

    hahaha parati si dun before you reach kalayaan in makati sinusubukan nila ako i flag down deadma lang paps haha diretso lang ng drive

    Like

  31. regi says:

    “a) A vehicle suspected of violation of emission standards through visual signs shall be
    flagged down by the apprehending officer.”- so does it follow that they have to visually see it before they flag you down? how can this be done if your coming towards them?

    Like

  32. luis says:

    This happened to me 2 years ago. i was flagged down along gil puyat avenue after ayala avenue going to edsa. i had to give in to P300 as lagay because they threaten to take my plates. The hell with you Makati and the hell with your leaders!

    Like

    • haru_kloh says:

      Thanks for dropping by Luis! Actually, it turned out that they are using ignorance of the law of the private car owners to make money out of it. In a way, we are at fault that we fall as victims. But not any more!

      Like

  33. Pasay traveler says:

    I dont drive any of the “hot” vehicles that these enforcers prey on so I havent had the displeasure of being flagged down. However, from my experience, traffic enforcers who have no valid orders (such as those Pasay enforcers at corner Macapagal-Buendia) would try to flag you down but would not pursue you if you just go ahead and ignore them. When flagged down by an enforcer in the middle of the road, I honked on him violently and repeatedly, and revved up the engine; which made him promptly move.

    Like

    • haru_kloh says:

      Thanks for dropping by Pasay traveler! Perhaps you’ve been a driver long enough to gain courage for this. For me, it’s better to be on the safe side of things, and that you are still on the right track no matter what. 🙂

      Like

  34. Juan Santos says:

    WARNING to all DIESEL Private Owners! Makati ASBU is the Abu sayyaf of Metro Manila. Legal Kotong Gang Arm of Makati

    First RULE is DO NOT STOP. These ASBU Makati crooks have no authority to harass and extort tax payers. Read this, dito palang obvious na, they caught 2,574 private SUVs and only 53 Buses? Really, mas smoke belchers pa ang private owners sa buses? Obvious na favorite nilang kotongan ang private diesel owners. http://manilastandardtoday.com/2013/03/04/makati-makes-p1m-in-emission-fines/

    THEY ALSO SELL a P300 sticker (UNAUTHORIZED) para walang huli for 3 months. GRABE TALAGA ANG KABUKTUTAN NG MGA PAG UUGALI NITO. ITs like selling a sticker to make a smoke belcher legal (if you’re really a smoke belcher)

    In case you have no choice but to stop, do the following:

    #1) DO NOT give them your license and registration- give it and the game’s over. You’ve given them the power to extort money from you.
    #2) DO NOT get down on your vehicles
    #3) Ask for the name of the person who flagged you down, his ID, and the mission order. Persons manning the checkpoint should be DEPUTIZED by BOTH DENR and Makati. Usually these ASBU Makati boys just wore their worn out shirts and doesnt have an ID and not deputized.
    #4) Ask why you were flagged down. Based on IRR of 8749, they can only flag down vehicles that emits black smoke. If they cant say that, its invalid and you can DEMAND to leave
    #5) DO NOT LET THE Step inside your car. Puwede mo na sila kasuhan kung gawin nila yun. They dont have the authority to get inside your car and push your engine to its limits. They do that obviously to make your opacity way above the limit.

    THE CORRECT PROCEDURE IS FOR THEM TO TAKE THE OPACITY READING “IN IDLE” not WHEN THEY PUSH YOUR PEDAL TO 4K. Wala naman silang pambayad pag nasira makina mo. PURO PAGNANAKAW LANG ANG MGA ASBU MAKATI. mga halang kaluluwa. Pinapakain sa anak nila NAKAW.

    #6)Ask when was the last time they calibrated their machines. These people doesn’t know a thing. They were just the alalays of binays during elections and were given the blessings to harass tax payers.
    #7) If they dont let you go and you feel you’re being harassed by these crook, DO NOT get down on your vehicle and CALL 117. Call for a police, and when they arrive, tell them you’re being harassed and extorted by these crooks.

    PLEASE share to all your facebook groups and friends. Let’s once in for all STOP this illegal open day robbery

    Like

  35. Rich Tan says:

    thank you for sharing your story and giving tips. so much of the information you shared aren’t really readily available so this means a lot. nakakalungkot lang na kailangan pang may dumaan sa abuso ng mga “authorities” para lang mailabas ang ganitong klaseng info. so salamat. kasi sobrang daming tao out there ay hindi sigurado kung hanggang saan ang nasasakop ng kanilang mga karapatan.

    Like

  36. Phil says:

    This modus has been going for years targeting private diesel vehicles only because its backed by the nest of corruption that is the makati city hall. This is what happens when the same family governs for almost three decades. I hope that voters will be smarter in the next elections. Vote NO to Binays and vote yes to Change.

    Like

    • haru_kloh says:

      Thanks for dropping by Phil! Sadly, I think a lot of Makati voters are held against their will… I sure do hope things will change soon. 🙂 few years before the next election!

      Like

  37. fe says:

    I had the same bad experience with these guys along Edsa-Buendia and under the Magallanes overpass. We were on our way to Medical City for the check up of my sister, who had an eye surgery the previous day, and in another instance, with my mother. on the way to the clinic also. Although we were allowed to go on because of the sick family member on board on the two instances, I am already scared and paranoid that I don’t bring my car (a Mitsubishi Adventure) anymore We maintained the car very well because it’s the only we had but in effect, these guys took our peace and freedom in using it. I hope the manufacturers of diesel fed vehicles take action, too, to help clients like us.

    Like

    • haru_kloh says:

      Thanks for dropping by fe! Me too! I get paranoid when we use our car, but now since I’m armed with these knowledge, I’m ready. 🙂 I hope I was able to equip you also. 🙂

      Like

  38. Decoroso Europa says:

    It is not only in Makati. It is everywhere in Metro-Manila. It’s common knowledge this is just to fleece money from motorist & has become a lucrative income for those guys. Someone should organize, say, motorists, and put up a fight. This has been going on for a long time now. Many complain, but we are not doing anything about it!

    Like

    • haru_kloh says:

      Thanks for dropping by Decoroso! I guess it’s because people are not sure if it’s ok, or if they do file charges, would other follow pursuit? It’s not like in US that they love to file charges. Us, on the other hand, we rather move on and try to avoid.

      Like

  39. eac says:

    Thanks for this. I really admire your courage and alertness to do what you did. This will not stop unless someone up there acts on this. Sana may matinong opisyal na mag-imbestiga sa katiwaliang ito.

    Like

    • haru_kloh says:

      Thanks for dropping by eac! Aw shucks, I just want to put up that they can’t continue their ways like this and people do know the law. They should be aware that people are smarter now. And yes, I hope the proper officials would look into this matter.

      Like

  40. dennis says:

    ayus talaga mga ASBU pasay alone roxas blvd at macapagal blvd sa pasay lagi sila don… i also flagged down once and kotong about 250 pesos to allow me to go with my old 1995 model l300van..as of now im planning to buy gasoline engine car to escape that modus..lagi kc ako sa baclaran for my buy en sell business…

    Like

  41. Concerned Citizento says:

    Sa MILYONG PISO PAYOLA ng mga JEEP, BUS, UV express PA LANG NG ASBU (ANTI SMOKE BELCHING UNIT – MAKATI), sa nakalipas ng 5 taon SITTING PRETTY NA SI NEGRO sa BATHTUB NG PUNO NG PERA.

    Hindi pa kasama KOTONG sa mga private at TRUCK na NAKIKIDAAN LAMANG SA KAKARAMPOT NA TERITORYO NG MAKATI C5 (NLEX to SLEX) na NAGPAPAMAHAL SA ATING MGA PANGUNAHING BILIHIN.

    HINDI ITO HAKA HAKA LANG, TANUNGIN NYO PA ANG JEEP DRIVER TRUCK AT BUS NA SI BINAY ANG NAKIKINABANG SA PAYOLA NG ASBU.

    TO COA, DILG, BIT at concerned agency, we call for an SPECIAL AUDIT OF MAKATI CITY for HIDEOUS CORRUPTION in the city.

    PLS POST THIS on CHANGE.ORG to PRESSURE THE AQUINO GOVERNMENT FOR AN INVESTIGATION and ACTION!!

    Like

  42. got to catch them all says:

    Aside from the wonderful post sharing your experience, the other great thing you could do is to file an administrative and criminal complaint against those corrupt officers! Lets spare anyone else the misery of having to deal with these hooligans.

    Like

  43. Katie says:

    Section 41. Citizen Suits. – For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:

    (a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or

    (b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or

    (c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30) notice has been taken thereon.

    The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.

    Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages.

    Like

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