Tugade orders LTO: Hold implementation of Mandatory PMVIC testing until GAOR issue is fully resolved

Wazzup Pilipinas!?

Department of Transportation Secretary Arthur Tugade directed the Land Transportation Office (LTO) to hold in abeyance the implementation of the LTO Memorandum directing all regional offices to adopt the mandatory PMVIC testing within Geographic Areas of Responsibility (GAOR) dated August 4, 2021, which was adopted as the subsequent result of Memorandum SC 2021-02 or the Implementation of Geographic Areas of Responsibility (GAOR) for the registration of light vehicles and motorcycles, issued last July 5, 2021.

Secretary Tugade made his position known anent the various issues surrounding MC 2021-02 or the implementation of GAOR, and has directed the LTO to conduct an immediate and exhaustive review of the policy.

He also implored the LTO to maintain the previous registration process where motorists can choose between a PMVIC and a PETC for the required vehicle inspection.

In the present set up, motor vehicle owners in areas not under the GAOR may still choose to have their vehicles undergo emission testing at a PETC, and roadworthiness inspection at an LTO office. Further, ocular roadworthiness inspection for heavy vehicles (gross weight vehicle is equal to 4501 kgs and above) are done by LTO personnel, and emission testing by the PETC, within the same GAOR.

Secretary Tugade recognizes the need for a smoother and more efficient manner of implementation of the GAOR policy, while also taking into consideration the current COVID-19 situation which hampers the required vehicle registration process.

In listening to the inputs of various stakeholders in the PMVIC program, Secretary Tugade calls for sobriety and unity to address the issues and concerns regarding this very important road transport policy of enhancing vehicle road worthiness inspection.

Scope of Inspection and Fees: PETC vs PMVIC

In order to keep our roads safe, the DOTr believes we need to have better standards to check the roadworthiness of vehicles. This is the principal reason why we are continuously advocating the conduct of strict inspection of motor vehicles.

Unroadworthy vehicles remain as death traps. And as one of the crucial factors to enhancing road safety, ensuring the roadworthiness of vehicles cannot be postponed.

With regard to the scope of inspection, PMVICs conduct 72-point full roadworthiness test for vehicles, including emission test, unlike in PETCs, where only the smoke emission is being tested, and not road worthiness.

In order to not impose any additional fee to vehicle owners, the DOTr was able to convince PMVIC owners to lower their inspection rate from P1,500 to P600 for light vehicles, and P500 for motorcycles, which are similar to rates collected by a PETC. Reinspection or retest fees were likewise waived.

Legal Basis and OSG Opinion

In the legal opinion of the Office of the Solicitor General (OSG) dated 18 March 2021, OSG said that the DOTr and LTO have authority to ensure the roadworthiness of vehicles and consequently implement the motor vehicle inspection system (MVIS).

The Administrative Code of 1987 and E.O. 125-A allows DOTr to call on any corporation or organization, whether public or private, to participate and assist in the implementation of transportation programs.

OSG further clarified that the DOTr is not delegating an already delegated authority to the private sector. Rather DOTr and LTO are seeking the assistance of the private sector in the implementation of the MVIS, and that the government remains responsible for roadworthiness testing. According to OSG, the MVIS is only outsourced, operated under a private sector participation agreement, but the government still has direct control and supervision of the roadworthiness testing and motor vehicle registration.

Road safety is Paramount and Primordial

Though roadworthiness is not the cure-all for road crashes, it is one of the pillars of road safety. Thus, we remain firm in our commitment to address the roadworthiness requisite prior to renewal of vehicle registration.

Secretary Tugade acknowledges that there will be birth pains with PMVIC policy but he has stressed that what is important is to ensure that a long term and more modern and most effective vehicle inspection system is in place.

The safety and well-being of the motoring public is still the overriding priority.

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Was Xian Gaza really talking with a lawyer?

Wazzup Pilipinas!?

Ang alarming ng post ni Xian Gaza related to tax. Hays, get your facts right, guys. ‼

Xian Gaza is doing it again just for the sake of being “relevant”

I'm perplexed. When did Xian Gaza become a source of...wisdom, it seems? Was it around the time he recorded himself while getting a blowjob?

Nagkakalat si Xian Gaza on Facebook with a purported conversation with his lawyer, alleging that the latest BIR RMC on social media influencers cannot be applied retroactively because of the Constitutional proscription on ex-post facto laws. 

O mga #bakLAW, tama ba yung "attorney" ni Xian Gaza? Wala na nga bang tax liability ang mga content creators at Filipino influencers kapag binura na nila ang kanilang mga online accounts? Ano ang ex post facto eklavu? Long discussion ahead! 

Sinong lawyer tong kausap ni Xian Gaza? RMC No. 97-2021 issued by the BIR this month only clarified that social media influencers are taxable persons. It did not impose new tax liabilities on them.

Regardless of being a self confessed white collar criminal. Do we still have the guts to trust his wisdom?

Anong ex post facto law pinagsasabi ng 'lawyer' kuno ni Xian Gaza? 

Ex post facto LAW nga eh. 

It is a LAW which, among others, criminalizes an act done before the passage of the law, and which was innocent when done; aggravates a crime, etc.

Hi Xian Gaza! 2307 is waving. Kung hindi ka law abiding citizen, wag ka na mandamay at mag-post ng kalokohan re: taxation.

A BIR circular is not a law, so the principle he just laid does not apply.  

Yung totoo, lawyer ba talaga pinagtanungan niya or 1st yr law student na kakabasa pa lang ng term na ex post facto law then felt like it was appropriate, given the facts???

Anong pinagsasabi netong ex post facto law?!!! 

That attention-seeking billboard guy? I wonder where he got his legal guidance.

So the guy posted another conversation with his alleged lawyer trying to rectify their earlier gaffe and the conclusion reached this time is the law should define what "influencing" is for influencers to be taxed. Make it make sense.

Totoo bang abogado niya yun? Kasi medyo nagkaroon ako ng boost of confidence na kung pumasa yun ng bar aba kaya ko rin dapat. Malay natin baka he's just talking to himself using another account? 

Pauso lang yan si Xian. Gago nga sila eh. Binababoy ang Constitution. Gago nga sila eh. Binababoy ang Constitution.

Siguro mas katanggap tanggap pa kung lifeblood doctrine sinagot ni Atty. You know what they say, ang law student na di ang alam sagot sa taxation, sa lifeblood doctrine kumakapit. 

The constitutional prohibition against ex post facto laws does not apply. As early as Act No. 1189 (passed 1904), up to the present law, the National Internal Revenue Code (passed 1997), income from business or trade has always been taxable. Walang retroactivity na nagaganap.

In other words, walang bagong buwis na ginawa ang BIR. Kongreso lang ang pwedeng magpataw ng buwis. RMC No. 97-2021 merely clarified/explained kung ano ang mga babayarang tax sa income ng influencers. Inulit lang ng RMC ang matagal nang nakasaad sa batas.

JUST IN: Lifeblood Doctrine na-high blood sa “lawyer” ni Xian Gaza. 

Parang baliktad yata yung pagkaka-intindi nya sa “Taxation is the rule and exemption is the exception” principle.  

What about taxing Axie Infinity earnings? is this legit? 

Kapag tinanong sa bar if ang earnings ng isang resident citizen from Axie Infinity ay taxable ba ng Philippine government, ang sagot ay hindi, dahil walang jurisdiction ang Pilipinas because ang virtual world ay hindi kasama sa territorial jurisdiction ng Pilipinas. Awit ka Xian Gaza!

Hindi kaya i-regulate ng Pilipinas ang crypto lalo na ang forex. Actually ang matatax lang diyan is earnings from crypto. As in, if you convert or "cash out" from crypto to peso.

Bale. The ex post facto Constitutional provision only came up in 1987. Therefore, prospective pa din ang application.

Luh hindi pa din tumitigil si Xian Gaza? Why is there a need to define "influencers" when they can easily be subsumed by the term resident citizens? Why is there a need to define "influencing" when gross income means all income derived from whatever source?

Ang daming triggered kay Xian Gaza to the point na he's trending na, and wala naman syang pake if mali sya, he indulges sa "criticisms" ng mga lawyer and accountant, and now we're giving him the clout that he truly wants.

Alarming kasi and dapat talaga icall out kasi false info. namimislead tao. Although hindi naman sya nacacall out dito, pinag-uusapan lang.

Obvious naman na nang-aasar lang siya and successful siya sa dami nattrigger. And the fact remains that his or his so-called lawyer's opinion is patently incorrect hence shouldn't count. Hello, ano aasahan natin sa scammer? Tsaka nakasuhan na ba siya under BP22? 

After all of this may ilalabas nanaman siyang business.....Though I admire Xian Gaza’s confidence to talk about tax code kahit mali mali sinasabi niya.

Marketing Strategy of this dude is literally crazy. Nakilala nga naman siya sa pagiging scammer and he embraced it.

Not to take Xian Gaza's side, pero instead of completely bashing and throwing ad hominem attacks why don't we just ask him to take down his false information abt taxation???? Cancel culture is really weird.

But I bet he would never do that. Attention habol niya eh. He feeds his ego with the clout he's getting so I doubt he'll take it down.

I pity Xian Gaza. Tax is the life blood of the State. It is one of the inherent powers of the State. Mag ingay ka kung maalam ka sa Tax and prepare for argument. Di yung tuturn-off mo yung comment section mo, that’s cowardly move dude.Last year pa nga nakaturn off yung comment section niya eh.

Or may alam siya actually, pero strategy niya yan to get people's attention?

Influencer or not, if you are earning income and seem to be not paying any taxes on it, immediately consult a trusted CPA or lawyer, before BIR gets to you.

Misinformation or lack of information will cost you a lot. Listen to the experts for your own safety and sanity.

Or ask your client to pay it on your behalf para net na lang income mo. Saves a lot of headache process-wise.

Tax 101 - resident citizens of PH are taxed on all their net income derived from sources within and without the Philippines. 

Accountants and lawyers failed to take advantage of the Xian Gaza controversy. It was a missed learning opportunity.

Save yourselves. If you have no idea about it, 'wag niyo i-share yung post ni Xian Gaza about taxation on crypto. 

Qiqil ako ni Xian Gaza ah.

Utang na loob Xian Gaza huwag mo na ikalat yung messages ng "lawyer" na pinagtatanungan mo. 

Kahit law student na hirapan sa Tax alam na taxable ang income ng SocMed influencers.

We cannot tolerate a "legal" opinion which stands on unstable and sketchy grounds.

Anyone else bothered that Xian Gaza is actually someone you’d consider a voice of reason these days?

Xian Gaza likes spreading misinformation. Pero magaling talaga s'ya sa timing at gathering clout. 

Pero neither he nor his "lawyer" na censored should be your source information. 

Pero malay n'yo, patibong n'ya 'yan sa Jamill para bumalik sa Youtube...hehehe