Uber Philippines

[machinepistol]

Is an Uber car a public utility. You be the judge.

A public utility is a form of enterprise that offers to the public services that they need for their convenience. It is the reason why a license issued to the public utility operator by the relevant government regulatory body is also called a certificate of public convenience and necessity.

It is subject to heavy regulation such as fixing of rates and fares because it is an enterprise that is imbued with public interest. Because their services are needed by the public, public utilities can abuse their market power. And because public utilities tend to be monopolies, they are subject to government regulation.

Normally, power distribution, water distribution, gas distribution and public transportation are monopolies, this is because it is unthinkable for just any Tom, Dick and Harry to lay down water pipes on streets and hang cables overhead. While public distribution is no longer a monopoly in the Philippines due to deregulation, in some countries, it is still a monopoly or at the very least a duopoly. In HK, there are only 2 bus companies. It is easier to regulate that way (fixing of fares, ensuring that bus units are in tiptop condition, ensuring that drivers are respectful, etc.).

When an enterprise is classified as a public utility, the rules applicable to private transactions do not apply. For example, if I want to buy a lot from person A, he/she can refuse to sell if my price is not acceptable to him. The transaction is voluntary on the part of both parties.

In a public utility transaction such as a taxi cab, the transaction is not entirely voluntary. A taxi cab who plies the street and not on its way to its garage has a continuing offer to provide service to the public at the price/fare set by the government. Therefore, once I flag down the taxi cab, the driver has to stop and give me the ride at the price set by LTFRB. He cannot demand more than what was fixed by LTFRB. He cannot refuse to accept me as a passenger.

Now, is an Uber taxi a form of public utility? Does it offer services that the public requires for their convenience? Is it then a public utility that must get a license from LTFRB?

If it is a public utility, can it refuse to offer service to a passenger because that passenger is one who abused the Uber app?

The issue here as well is that the LTFRB'a hands are full with regulating buses, jeepneys, regular taxi and UV express. It cannot even properly regulate these modes of transport and yet it wants to regulate Uber taxis. Tsk tsk.

[shadow]

^whether LTFRB can't properly regulate PUVs is not the issue. Uber should be regulated. And by the way, it's not only here where uber are having problems with govt agencies.

Cities all over the world are clamping down on uber, the last one I've read was I think Toronto or Vancouver.

[sbayhon]

Uber users expect that their ride will be better than a taxi. Kung ang taxi nga, at least Vios, why force a minicar?

For sure cacancellan ka lang niyan.

I got into a wigo ubercar the other day. :P

[sbayhon]

Is an Uber car a public utility. You be the judge.

A public utility is a form of enterprise that offers to the public services that they need for their convenience. It is the reason why a license issued to the public utility operator by the relevant government regulatory body is also called a certificate of public convenience and necessity.

It is subject to heavy regulation such as fixing of rates and fares because it is an enterprise that is imbued with public interest. Because their services are needed by the public, public utilities can abuse their market power. And because public utilities tend to be monopolies, they are subject to government regulation.

Normally, power distribution, water distribution, gas distribution and public transportation are monopolies, this is because it is unthinkable for just any Tom, Dick and Harry to lay down water pipes on streets and hang cables overhead. While public distribution is no longer a monopoly in the Philippines due to deregulation, in some countries, it is still a monopoly or at the very least a duopoly. In HK, there are only 2 bus companies. It is easier to regulate that way (fixing of fares, ensuring that bus units are in tiptop condition, ensuring that drivers are respectful, etc.).

When an enterprise is classified as a public utility, the rules applicable to private transactions do not apply. For example, if I want to buy a lot from person A, he/she can refuse to sell if my price is not acceptable to him. The transaction is voluntary on the part of both parties.

In a public utility transaction such as a taxi cab, the transaction is not entirely voluntary. A taxi cab who plies the street and not on its way to its garage has a continuing offer to provide service to the public at the price/fare set by the government. Therefore, once I flag down the taxi cab, the driver has to stop and give me the ride at the price set by LTFRB. He cannot demand more than what was fixed by LTFRB. He cannot refuse to accept me as a passenger.

Now, is an Uber taxi a form of public utility? Does it offer services that the public requires for their convenience? Is it then a public utility that must get a license from LTFRB?

If it is a public utility, can it refuse to offer service to a passenger because that passenger is one who abused the Uber app?

The issue here as well is that the LTFRB'a hands are full with regulating buses, jeepneys, regular taxi and UV express. It cannot even properly regulate these modes of transport and yet it wants to regulate Uber taxis. Tsk tsk.

The US Supreme Court actually ruled in favor of Uber on its rides being private contracts. Our judiciary borrows much from US jurisprudence as well. I wonder how things would play out. I hope uber wins. I'm planning to be a partner - it would help give employment to deserving and service-oriented drivers.

[oj88]

I think it should be regulated. Uber, by nature of the service they provide, is colorum. If the government allows Uber to operate unregulated, this could serve as a precedence that makes colorum operations legal.

[shadow]

what if I have fleet of colorum vehicles then pagawa na lang ako ng app, magiging legal na rin ako?

since we're not the only city who is clamping down on uber kaya wala kang mababasang post na "only in the Philippines" sydney, singapore, toronto, vancouver their business model is being questioned and either already been regulated or in the process... so bakit pag dating dito hinde pwede?

if LTFRB is wrong in wanting to regulate uber, ibig sabihin mali din lahat yan cities from first world countries?

[NightRock]

It was asked yesterday by LTFRB regarding insurance and how they are payng tax.. does any one got a clear answer

[Lew_Alcindor]

Other than the fares, what does the LTFRB effectively regulate in the taxi industry?

[dr. d]

what if I have fleet of colorum vehicles then pagawa na lang ako ng app, magiging legal na rin ako?

since we're not the only city who is clamping down on uber kaya wala kang mababasang post na "only in the Philippines" sydney, singapore, toronto, vancouver their business model is being questioned and either already been regulated or in the process... so bakit pag dating dito hinde pwede?

if LTFRB is wrong in wanting to regulate uber, ibig sabihin mali din lahat yan cities from first world countries?

people make the rules.
in their spheres of influence, they can make things illegal or legal..

[sbayhon]

what if I have fleet of colorum vehicles then pagawa na lang ako ng app, magiging legal na rin ako?

since we're not the only city who is clamping down on uber kaya wala kang mababasang post na "only in the Philippines" sydney, singapore, toronto, vancouver their business model is being questioned and either already been regulated or in the process... so bakit pag dating dito hinde pwede?

if LTFRB is wrong in wanting to regulate uber, ibig sabihin mali din lahat yan cities from first world countries?

May nagrereklamo din dun kasi may tinatamaan na business - taxis.

Tsaka icompare nyo naman transport situation doon tsaka dito.

Doon pwede sabihin ng taxis na kahit papaano nabibigay nila minimum level of service. So they would be asking for government support to protect their businesses dahil ok naman ang publiko.

E dito? profit vs public safety and convenience.

[sbayhon]

people make the rules.
in their spheres of influence, they can make things illegal or legal..

Korek ka jan sir.

Kung ang magiging basehan lang lagi ay "rule of law" even if it is already detrimental to public interest and common good, edi sana hanggang ngayon legal pa rin ang slavery ng mga blacks sa america, bawal pa ring kilalaning legitimate child ang anak sa pagkadalaga o pagkabinata kahit na kilalanin pa sha ng ama nya, many countries would still be colonies.

Laws change. But their general purpose of providing order for public good should remain constant.

[madduck]

that's why the laws were adjusted to meet the new needs. Until then, it is still the law. That's why they were created, to provide order, now you don't want to follow because you benefit from it claiming that's for common good.

[sbayhon]

that's why the laws were adjusted to meet the new needs. Until then, it is still the law. That's why they were created, to provide order, now you don't want to follow because you benefit from it claiming that's for common good.

It is true that laws are adjusted to meet new needs. And a law does exist. The question is whether that current law is applicable or not. Even law experts do not agree on whether it is applicable or not. So which law are you referring to? If the current laws are indeed applicable, then why do lawmakers say that a new law needs to be created? Ang pagkakaiba lang nila, some of them want operations to be suspended while others want operations to continue while they enact a law. Have you exercised your right and duty to attend congressional legislative hearings? - ANG TAGAL. And each day na lumilipas may mga pasaherong tinatanggihan isakay or worse. Buti sana kung walang ganung events na nangyayari. Unfortunately, it is so common that it becomes part of taxi operations.

I do benefit from the app, just as others who ride it do. And the mere fact the commuting public benefits from it IS proof of common good. If for example I benefit from the price ceiling implemented in Yolanda-stricken areas does that mean I cant claim it to be for common good?

What you should have said is that not all benefit from it, which is true - taxi operators dont.

[Aoshinomori]

Inaantay siguro ng LTFRB na maglagay rin yung Uber, gaya ng ibang operators hehehe.
Laws are there to regulate pero we do not respect this fact because sa bansa natin, opinion lang ang law.
Taxi - regulated kuno ang flag rate pero alam naman natin na me taxi na mabilis metro at merong nangongontrata. Ayaw pa magsakay daming rason ibibigay, tapos barumbado pa sa kalsada. Muntik na ako mabunggo ng "SAFE" taxi, just this month.
Jeepney - kapag ubos na ang bentesingko bitin ang sukli, nagbababa sa gitna, nagka counterflow, nagsasakay sa bawal. Eh private sector lang yata ang sumusunod sa mga law na yan eh lawlaw na law.
So when Uber provides better service and the gov't can't earn much from them, and taxi drivers can't change their nature... sampal ito sa mga PUV, LTFRB, at kung sino pa ang masasampal. Yes I would have to acknowledge the presence of need for regulation, but seriously, is anyone feeling this regulation sa mga PUV natin, in real-world real-life situations? If the answer is no,
ano ang pipiliin ng end user?

[junerski]

Regulate but not totally ban it.. at the end of the day, people are shifting and have shifted to uber because of better facilities and convenience as compared to the usual taxicabs..

Sec. Abaya himself said that taxi operators should not blame Uber for their income losses but themselves for not improving their facilities / driver courtesy etc.

[sbayhon]

Siguro kung hindi boundary system at may way sila imonitor drivers nila ng maigi, edi walang uber.

Ganito rin nangyari nung nag introduce si Henry Ford ng bagong manufacturing technique para sa kotse, sandamakmak na kaso ng existing businesses.

Edi kung pinili ng judiciary pala manalo yung mga cartel na kalaban ni ford edi wala pa ring matitinong affordable na kotse ngayon.

Innovate! Compete! the public wins in the end.

[shadow]

Inaantay siguro ng LTFRB na maglagay rin yung Uber, gaya ng ibang operators hehehe.
Laws are there to regulate pero we do not respect this fact because sa bansa natin, opinion lang ang law.
Taxi - regulated kuno ang flag rate pero alam naman natin na me taxi na mabilis metro at merong nangongontrata. Ayaw pa magsakay daming rason ibibigay, tapos barumbado pa sa kalsada. Muntik na ako mabunggo ng "SAFE" taxi, just this month.
Jeepney - kapag ubos na ang bentesingko bitin ang sukli, nagbababa sa gitna, nagka counterflow, nagsasakay sa bawal. Eh private sector lang yata ang sumusunod sa mga law na yan eh lawlaw na law.
So when Uber provides better service and the gov't can't earn much from them, and taxi drivers can't change their nature... sampal ito sa mga PUV, LTFRB, at kung sino pa ang masasampal. Yes I would have to acknowledge the presence of need for regulation, but seriously, is anyone feeling this regulation sa mga PUV natin, in real-world real-life situations? If the answer is no,
ano ang pipiliin ng end user?

Laws are just opinion here? Sige go on a killing spree,,let's see Kung Kung tams sinasabi mo

[baludoy]

singapore's version of the ltfrb and their basic regulatory ground rules for taxi apps

https://www.techinasia.com/singapore...bad-consumers/

[_Cathy_]

I tried Uber X today and I was disappointed for the first time.

My pick up point was Toyota Pasig then the driver texted me if he could start the trip already. In the map he was at J Vargas pa ata which is quite some time and distance pa from the casa. I found it off Is this normal na for Uber?

There was also something very wrong with the car. It was okay idling but when running I felt like the car was gonna fall apart. It felt like I was riding off road in an old jeepney and I was nauseous thorough out the ride. My worst ride experience was a Kia Besta (our laspag bank car) and that felt like luxurious compared to the Uber City I rode. I was thinking of just dropping off at Tiendesitas since I was scared that we would get into an accident. Thankfully I got home in one piece. I don't wanna put a bad rating naman since the driver was friendly throughout the ride.

[crazy_boy]

I tried Uber X today and I was disappointed for the first time.

My pick up point was Toyota Pasig then the driver texted me if he could start the trip already. In the map he was at J Vargas pa ata which is quite some time and distance pa from the casa. I found it off Is this normal na for Uber?

There was also something very wrong with the car. It was okay idling but when running I felt like the car was gonna fall apart. It felt like I was riding off road in an old jeepney and I was nauseous thorough out the ride. My worst ride experience was a Kia Besta (our laspag bank car) and that felt like luxurious compared to the Uber City I rode. I was thinking of just dropping off at Tiendesitas since I was scared that we would get into an accident. Thankfully I got home in one piece. I don't wanna put a bad rating naman since the driver was friendly throughout the ride.

Cat, you should send a complain to Uber. madaya yund driver if he wanted to start the trip even if he hasn't arrived the pick up point yet. parang naging asal PUV driver na.