Interview with CdO City Couselor Ian Mark Nacaya
Councilor Nacaya is a member of the Rotary Club of Cagayan de Oro, the “Mother Club”, and heads two major committees in the City Council. He is the chairman of the Committee of Public Utility which is now concerned with rising rates of jeepneys and motorelas. He also heads the Committee on Police and Public Safety. I was able to interview him on June 5, 2008. Although I see him regularly, he is generally too busy to answer any questions, so this is a unique glimpse into his activities as city counselor, and very likely, 10 to 15 years from now, the Mayor of Cagayan de Oro City.
Michael Turner: As the people of Cagayan de Oro know, there are issues involving our city directors and the performance of the policemen. Counselor, what is now the status of the clamor over the fare increase from jeepney and motorela drivers and operators?
Ian Mark Nacaya: We only have jurisdiction over motorelas. And motorela drivers and operators asked for a 1 pesos fare increase from their current 5 peso fare. However, there was ordinance enacted last 2006 saying that the minimum fare for motorelas was 5.50 pesos. Basically they are just asking for 50 cent increase.
Michael Turner: How come people were paying 5 pesos when the law stated that 5.50 should be collected?
Ian Mark Nacaya: Perhaps motorela drivers understood how hard life is. They did the riding public a favor with the 50 centavos discount. The ordinance was also not strictly enforced. The committee will submit its report if the proposal raising the Motorola fare to 6 pesos comes before this Council Concession on Monday.
Michael Turner: So the request for the fare increase by motorela drivers and operators is subject for approval by the City Council?
Ian Mark Nacaya: Yes.
Michael Turner: Does this mean your committee is done with public hearings on the matter?
Ian Mark Nacaya: We based our proposals from previous discussions and consultations we held before.
Michael Turner: How many motorela drivers and operators associations are there?
Ian Mark Nacaya: There is only one federation as far as the committee is concerned. However, there are different drivers-owners associations like that of Carmen, Consolacion, and Cogon. Several associations also formed their own cooperatives.
Michael Turner: So all these associations ask for the same fare increase?
Ian Mark Nacaya: Yes. They are all asking for the same thing.
Michael Turner: Come this Monday, your committee’s proposal will be included in the City Council’s agenda? If approved, when will this take effect?
Ian Mark Nacaya: If it is passed by Monday morning, and all signatories have signed by Monday afternoon, the ordinance will take effect by Tuesday.
Michael Turner: That’s fast. So there’s no need to diffuse the information through official publication and transition period?
Ian Mark Nacaya: The publication is included with the ordinance. They will be distributed and posted to all motorela units. We will then call the (Land Transportation Office (LTO) to inform them of the fare increase.
Michael Turner: How about student and senior citizen’s privileges?
Ian Mark Nacaya: Motorela drivers and owners requested that high school students, the disabled, and senior citizens be charged with a 4.50 peso fare. Elementary students will pay 3.50 pesos. However, we recommended it should serve the public better if they would charge 4 and 3 pesos for each sector.
Michael Turner: During your previous discussions and public hearings on the matter, were there any members of the riding public who attended? Was there any opposition from them?
Ian Mark Nacaya: No. There was no opposition. Even with the talks we held last 2006, nobody voiced any opposing remarks. Though the ordinance authorized 5.50 minimum fare, our motorela drivers and operators charged everyone only 5 pesos.
Michael Turner: For that, we would like to thank the motorela drivers and operators. I guess 6 pesos is justified. How about the trisikad and motorized-trisikad operations? Does the city government have regulatory powers over them?
Ian Mark Nacaya: Yes. And they are monitored by the Traffic Management Group. All processes and requests are done at the barangay level, which will then be approved by the City Council.
Michael Turner: So does that mean that each of the barangays can have their own rate when it comes to trisikad/motorized-trisikad fares given the different circumstances existing in each barangays?
Ian Mark Nacaya: Yes.
Michael Turner: Let’s go back to the motorelas. There were issues regarding registry numbers on motorelas. One is about the city hall refusing to release new numbers, while another issue was regarding the use of one number on multiple motorelas. What is your take on that?
Ian Mark Nacaya: We have looked into that matter and found out that some numbers were recycled. Other motorelas are not yet registered but have been functioning using an illegitimate number. What we did was conduct a re-registration on 2,222 motorela units and we are proud to say that we got a 92% turnout on those 2,222 already registered units by May 31. The remaining 8% were in the shops and were unable to comply with the re-registration ordinance.
Michael Turner: What happens to the remaining 8%? Are their motorela numbers expired?
Ian Mark Nacaya: They have to certify their numbers. Under the provisions of the re-registration ordinance, those who were unable to comply will forfeit their numbers to other operators.
Michael Turner: Are there any limitations when it comes to investing in motorelas. Like how many units can an operator own? What are the processes involved? If a person wants to invest in a motorela, should he register?
Ian Mark Nacaya: Yes. Whether if a person acquired an already registered motorela unit or an unregistered one, he should apply for a license to operate.
Michael Turner: So a motorela owner who sells his units should surrender his unit number to the City Government upon completion of the sale?
Ian Mark Nacaya: That’s our first line of thinking. But I think it’s unfair for those who sold their used motorela units. A seller can also sell the unit’s number.
Michael Turner: After the sale, the owner has nothing to do whatsoever with the unit including the unit’s number. So it becomes the obligation of the buyer to get the documents regarding the unit’s sale and show it to the licensing office and apply for a new registration?
Ian Mark Nacaya: That is shown in our provisions.
Michael Turner: How about if an owner wants to register at least three motorelas?
Ian Mark Nacaya: If the sale occurred before the re-registration was enacted, it is legal. Otherwise, the ordinance prohibits it.
Michael Turner: So it is not allowed?
Ian Mark Nacaya: No, it’s not.
Michael Turner: How about those who acquired motorelas through loans and donations? Should the unit be registered under the beneficiary’s name or under the company who provided the loan?
Ian Mark Nacaya: It should be registered in the beneficiary’s name and not under the company. That way, the unit remains as the beneficiary’s property.
Michael Turner: Regarding the jeepneys in the city, who regulates the jeepney terminals?
Ian Mark Nacaya: The City Council has the authority to create terminals. The only recognized terminals are the East Bound Terminal in Gusa, West Bound in Bulua, and some terminals like the one in Carmen Market. But a Villanueva and Tagoloan jeepney driver can extend his route to Ororama Mega as long as the vehicle is only dropping off passengers.
Michael Turner: So the ones by Ororama Mega and National Bookstore in Cogon are not jeepney terminals?
Ian Mark Nacaya: No.
Michael Turner: But the mayor allowed that for convenience of the riding public?
Ian Mark Nacaya: Correct. The Mayor has provisional authority allowing jeepneys to extend their route to any point in the city as long as it’s for the dropping off of passengers.
Michael Turner: So there are no existing terminals within the city?
Ian Mark Nacaya: Correct. The government understands the sentiments of the commuters. That’s why there are some routes allowed by the mayor to help the public economically rather than paying for a double-ride fare.
Michael Turner: The motorelas are known to roam anywhere in the city. Is there any ordinance giving them specific routes, is there any city ordinance that puts limitations on motorelas and their operations?
Ian Mark Nacaya: We have observed that several motorelas have traversed several barangays and have used main roads and crossed major bridges while operating. But I must insist that motorelas are allowed to pass through but not use the main roads. We are planning to divide the motorela’s area of operations, whether they want to service commuters in the Carmen area and those in the other side.
Michael Turner: Much like an election between first district and second district.
Ian Mark Nacaya: Yes. We also plan to use a color-coding and zoning schemes once the motorela operators are given their area of operations. By these schemes, we will reduce the number of motorelas operating because the areas of operation are now defined.
Michael Turner: Are you in the process of amending the traffic code?
Ian Mark Nacaya: The Traffic Code we are using was formulated last year. That was one of my ambitions when I first became chairman of Public Utility
Michael Turner: How about penalties for violators?
Ian Mark Nacaya: We will give separate and distinct ordinance in traffic management. We cannot modify the traffic code because we deleted the provisions pertaining to that.
Michael Turner: So there could only be amendments by addition?
Ian Mark Nacaya: That’s true. By addition. I hope the drivers see that the point here is that they have more chances of getting passengers because other motorelas for other areas cannot operate in their areas.
Michael Turner: These are the plans of Councilor Nacaya and his explanation on how his plans can improve the lives of the riding public. Councilor Nacaya also heads the Committee on Police, Fire, and Public Safety. Councilor, how are the police doing?
Ian Mark Nacaya:That’s a good topic. There are several issues regarding the new Chief of Police of Cagayan de Oro. There are several quarters that do not recognize him as the Police Chief in Cagayan de Oro.
Michael Turner: Is Colonel Isagani Genabe’s status is still as Officer In Charge (OIC)?
Ian Mark Nacaya: He started as an OIC. A month later his status was elevated to Acting Chief of Police until now. Controversies such as suertres and the incident at Kauswagan have been plaguing him since he assumed leadership.
Michael Turner: I have heard that you summoned him to your committee. And he was courteous enough to come. What happened?
Ian Mark Nacaya: The Committee on Public Safety is concerned with its image and the images of the offices under it. The purpose of calling him was to clarify the allegations surrounding Col. Genabe, although we never got clear with him.
Michael Turner: This issue focuses on Col. Genabe’s role as head of the City’s Police Department. Speaking of the police department, what are your plans? Any projects lined up? Let’s focus on the good side.
Ian Mark Nacaya: We do have administrative proposals like computerized stations and purchase some mobile vehicles. There’s already an allotted 200,000 pesos for our projects.
Michael Turner: During Mayor Emano’s tenure, the police department received 10 Mitsubishi Patrol’s. Do you plan to add some more?
Ian Mark Nacaya: We are bent on getting communications equipment for our precincts. We also give monthly honorariums to individual police officers who are members of COPCO.
Michael Turner: Regardless of rank?
Ian Mark Nacaya: Regardless of rank. There are several police officers assigned in other places requesting to be transferred here in Cagayan de Oro because of our honorariums.
Michael Turner: So besides the 200,000 pesos for your communications equipment, where do you get funds for other police projects?
Ian Mark Nacaya: The Mayor has what we call a ‘Peace and Order’ Fund. He can use that to his discretion to support the police campaigns.
Michael Turner: Such as rewards?
Ian Mark Nacaya: Yes.
Michael Turner: How about the discipline of the police force? Have they improved?
Ian Mark Nacaya: Unlike before, media played a large role in disciplining the police force. There are fewer incidents involving undisciplined police officers. There are some bad eggs though.
Michael Turner: What is your committee’s primary legislation regarding public safety?
Ian Mark Nacaya: We strive to eradicate the operations of video-karera machines. We will arrest the on-site operator so we can trace its protectors.
Michael Turner: So there was never a joint task force to battle illegal gambling, particularly against video-kareras? Councilor, was there any joint task force created here in the city to combat illegal gambling?
Ian Mark Nacaya: There are two bodies formed to do that. One is headed by the City Mayor, the mother council. It has several functions against illegal activities such as gambling and terrorism. The second is the complaint board managed at the barangay level.
Michael Turner: When you called Col. Genabe, what was his stand on video-kareras?
Ian Mark Nacaya: He was very supportive in our drive against video-karera machines. But recently, there are still complaints from our citizens regarding the existence of such machines.
Michael Turner: How about if you put up a reward system much like during Col. Montalba’s administration where he would give 1,000 pesos for every snatcher or robber captured?
Ian Mark Nacaya:That’s a good idea, actually. We have supported Col. Montalba’s methods. We have discussed with other members with the council of the previous successful methods and use them in our campaign against illegal activities.
Michael Turner: But I think the people should also do their part in eradicating illegal gambling. Anyway, there is this issue on cockfighting. Can barangay administrations conduct their own cockfights like those in Gusa and Bugo?
Ian Mark Nacaya: The City Council is the only authorized body allowed to issue permits for cockfights and construct related establishments.
Michael Turner: If you authorize such operations, how long would a cockfighting activities or events last?
Ian Mark Nacaya: Major establishments, if they have the proper permits and documents, can operate for at least 2 years to 5 years.
Michael Turner: How about those who participate in makeshift cockpits? They are common during fiestas.
Ian Mark Nacaya: They are illegal.
Michael Turner: Illegal?
Ian Mark Nacaya: Yes. Barangay officials should watch out for those activities. Police officers can arrest those who participate in such activities.
Michael Turner: Police officers are known to have been among those who protect the participants. Though there are a few who really stand by their obligations.
Ian Mark Nacaya: The majority of the police force is really honest. They just got smeared because of the other members of the police force do things that are illegal.
Michael Turner: How about civilians who have complaints against members of the police? Where should they go?
Ian Mark Nacaya: We hold public hearings every Mondays and Thursday on cases filed by civilians against police officers here at People’s Law and Enforcement Board at the 1st floor of the City Hall. Civilians can lodge their complaints there.
Michael Turner: So the People’s Law and Enforcement Board is the civilian’s assurance that there will be no bias or prejudice involve when hearing their cases.
Ian Mark Nacaya: Yes. We can help with the administrative aspects of all cases against police officers. Criminal aspects of the case fall under the jurisdiction of the fiscal.
Michael Turner: So do we have concubinage filed in the People’s Law Enforcement Board?
Ian Mark Nacaya: I can say there are a few pending cases (laughs).
Michael Turner: I understand this is your second term as a city’s councilor? Do you have any parting word?
Ian Mark Nacaya: I would like to thank you for the giving me opportunity to share some important information the citizens of Cagayan de Oro can use in their lives. I also want to assure the people that the of Committee on Police, Fire, and Public Safety and the Committee on Public Utility will listen to the sentiments of the people and analyze the angles of every issue concerning the people so that we can help the people further.