The Cebu Provincial Government responded to the issues raised by Sen. Raffy Tulfo, after his much-publicized inspection at the Cebu North Bus Terminal “maligned” CNBT even if he had “zero knowledge of the situation.”

Among other things, the senator, with a PR team in tow, questioned why the buses parked at the CNBT were dilapidated and did not have fire extinguishers; why V-hires had to pay P200 to be able park inside the terminal and pick up passengers from there while black taxis could just pick up the same outside; why electric fans and push carts were non-functional; and why was the restroom facility collecting payment from the public?

Gov. Gwen Garcia was not amused by the “Tulfo Justice” dished out by the senator, who proceeded from an “uninformed” perspective and went on a social media rampage against the Capitol-run CNBT without proper context.

“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,” Gov. Gwen said during a media briefing on April 10.

On the issue of dilapidated buses, the Governor said this matter should be taken up with the appropriate agencies like the Land Transportation Office (LTO) or the Land Transportation Franchising and Regulatory Board (LTFRB), and not the Capitol.

On the issue with V-hires, the Governor said V-hire drivers are not compelled to park inside CNBT, but if they do so, they had to pay the said amount as it was the agreement between CNBT and V-hire operators.

She added that the Capitol has no authority to ban taxi drivers outside the terminal since Cebu City is an independent city from the province, and the Capitol has no authority to enforce traffic rules here.

On the non-functioning electric fans and pushcarts, the Governor explained that upon CNBT’s opening in 2020, the Capitol provided brand-new ventilation fans and serviceable pushcarts. However, wear and tear have taken its toll for a number of them, and so purchase and repair requests are currently in the pipeline, as well as a comprehensive audit.

𝗛𝗢𝗪 𝗧𝗛𝗘 𝗖𝗔𝗣𝗜𝗧𝗢𝗟 𝗘𝗡𝗗𝗦 𝗨𝗣 𝗥𝗨𝗡𝗡𝗜𝗡𝗚 𝗖𝗡𝗕𝗧?

CNBT, along with the Capitol-run Cebu South Bus Terminal, was built in the early 1990s as part of the Metro Cebu Development Project Phase 2 funded by a loan from Japan’s Official Development Assistance.

CNBT was originally located in a lot owned by Mandaue City Government in Barangay Subangdaku and was under a lease agreement with Cebu City government but operated by Cebu Provincial Bus Operators.

As the lease agreement was about to expire in October 2020, Mandaue City Mayor Jonas Cortes decided not to renew the agreement in December 2019 to make way for the construction of government facilities.

But as early as 2012 during the third term of Gov. Gwen, the Capitol had already proposed to take over the operations of CNBT, especially that it is serving primarily the constituents of the Province.

The Governor was barred by the term limit in the 2013 elections, and it was only in 2020, after she came back for their fourth term, that the Capitol actually took over the operations of CNBT in its current location.

With no suitable location for CNBT, which in the interim relocated to Consolacion, it was SM City Cebu that helped the Capitol by offering, free of charge, a portion of its vast parking space at the North Reclamation Area to be used temporarily by CNBT under a usufruct agreement.

This is the reason, the Governor said, why the Capitol could not make improvements like the construction of free sanitation facilities at CNBT since everything has to be approved by SM City Cebu first. Moreover, there are also enough restrooms at the mall, which is also part of the agreement.

The Capitol and SM City Cebu’s relationship is symbiotic: on one hand, the commuting public enjoys convenient access to the rest and recreation, leisure, shopping and other service facilities of SM City plus transport connectivity to the commuter’s destination or origin; on the other, increased foot traffic for the mall.

Sen. Tulfo also berated an employee of Mister Loo, the private operator of premium sanitation facility at CNBT, saying that the service should be for free and that the personnel manning the facility should have no job the following day (“Bukas, wala ka nang trabaho,” as recounted by the Governor).

As a general rule, it is illegal to collect fees from passengers for the use of regular sanitary facilities in public terminals. However, an exemption is provided under Republic Act No. 11311.

Under Section 5 of the said law, the same prohibition “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.”

𝗥𝗘𝗦𝗣𝗢𝗡𝗦𝗜𝗕𝗜𝗟𝗜𝗧𝗬 𝗢𝗩𝗘𝗥 𝗣𝗨𝗕𝗟𝗜𝗖𝗜𝗧𝗬

This is the legal basis of the Capitol’s partnership with Mister Loo, which is a public-private partnership that went through the whole Economic Enterprise Council process. It was an unsolicited proposal that survived the mandatory Swiss Challenge after the publication twice in a newspaper of general circulation.

Without any cost to the Capitol, Mister Loo built the premium toilet facility and pays the salaries of personnel that maintains the cleanliness of the area. For a small fee of P10 for toilet use and P20 for shower use, the public is provided with an alternative facility from SM's that provides the needed toilet essentials and hygiene products.

“I was astonished that he (Sen. Tulfo) went so quickly because when you see something, you observe and you first try to clarify. Who is operating the toilet? Is there legal ground? Then you would investigate. That’s how I would do it,” Andreas Wanner, the Swiss owner and co-founder of Mister Loo said.

He just flew in to the country on short notice by the Governor to join her in the media briefing and answer some points raised by the senator.

Gov. Gwen, who has always been known in Cebu to be a calculated leader, cautions those who have influence to not act impulsively. Instead, it is imperative for them to study the situation first, listen to different sides, before drawing a conclusion and acting on it, especially if they would post the same on social media.

“I, ever since I was elected by the people, have made it my supreme responsibility to first, before shooting from the hip, find out the whys and the wherefores, the whats and the whomevers of a particular situation before any reaction can be taken from me,” Gov. Gwen said.

“Once the public has vested upon us this trust and confidence, we cannot be behaving irresponsibly for publicity purposes. I don’t think that should supersede a basic obligation to be responsible in all of our actuations,” she added. | IPA with reports from JMT