• 8 months ago
Naranasan n’yo na bang may pumara sa inyo sa kalsada at tila naningingil ng toll fee? Legal ba ito?

Alamin ‘yan kasama ang ating Kapuso sa Batas, Atty. Gaby Concepcion.

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Transcript
00:00 Thank you, Mars.
00:02 Meanwhile, my fellow citizens, remember,
00:04 ignorance is not an excuse when it comes to the law.
00:06 So, legal questions,
00:08 your fellow citizens will answer them.
00:10 Attorney Gabby Concepcion,
00:12 Happy Wednesday, Attorney.
00:14 Happy Wednesday to you too, Maris.
00:16 In any case,
00:18 shout out to those who put expressway stickers on their cars
00:22 so that the trip won't be a hassle.
00:24 But you'll be surprised,
00:26 there are still people who will ask for human toll fees.
00:30 Just imagine that.
00:32 So, have you experienced that too?
00:38 That's what we'll talk about.
00:40 Here's all you need to know.
00:42 #AskAttorneyGabby
00:44 #AskAttorney
00:54 Attorney, there are online videos
00:56 that show that only human toll fees
00:58 are being paid to the destination.
01:00 Is this allowed
01:02 because it's a private property?
01:04 Oh no.
01:06 Unfortunately, if it's a private property
01:08 that you're going to pass through,
01:10 and the owners of the streets
01:12 that you're going to pass through
01:14 might ask for your help.
01:16 Actually,
01:18 if they really own that,
01:20 you might not pass at all, right?
01:22 But if it's a public road,
01:24 it's possible that the toll fee can be collected.
01:26 But usually, if it's being constructed
01:28 and the LGU uses the funds,
01:30 there should be an ordinance
01:32 that determines how much it should be.
01:34 And the person who collects
01:36 is also an authorized person
01:38 of the LGU or the national government
01:40 depending on whether it's a national road
01:42 or municipal or city road.
01:44 It's not possible for everyone to be Poncho Pilato
01:46 or Tom, Dick, and Harry
01:48 to be the only ones who will collect
01:50 every 500 meters or so.
01:52 Because some people complain
01:54 that every so many meters,
01:56 it's only Php 20 or Php 30.
01:58 So it's a pity
02:00 that they don't use their RFID stickers.
02:03 #AskAttorney
02:06 Usually, for these kinds of things,
02:08 there's no receipt.
02:10 Who can complain about this?
02:12 Well, the answer to that
02:14 is that, strictly speaking,
02:16 there should be a receipt.
02:18 Like in toll booths,
02:20 NLEX, SLEX, SCTEX, CAVITEX,
02:22 there are so many beautiful roads
02:24 nowadays. But usually,
02:26 there's a proof of payment
02:28 and otherwise,
02:30 the LGU and the toll booth operator
02:32 will be in loss if there's no proper accounting
02:34 that can be done for that
02:36 because the money can be hidden.
02:38 There are also other commuters,
02:40 on the other hand, who need to submit an OR
02:42 as proof that they spent money
02:44 on the tollway if they ask
02:46 for reimbursement from the employer
02:48 if this is an official business.
02:50 So, you also need an OR if you want
02:52 to have evidence. In any case,
02:54 technically, if proven,
02:56 they did business,
02:58 the people passing through their property
03:00 and the money received is, strictly speaking,
03:02 considered as income
03:04 and should be paid in tax
03:06 and there should be an OR.
03:08 So, where can you complain? Technically,
03:10 in the BIR, where there's a bigger
03:12 big fish, on the other hand,
03:14 this is the amount that
03:16 the BIR is not paying in millions,
03:18 so they might not be chasing
03:20 the 20 or 30 pesos.
03:22 But if you really want to
03:24 complain so that this can stop,
03:26 of course, in the barangay,
03:28 maybe first, they are on the ground
03:30 so that what shouldn't be happening
03:32 in their jurisdictions can be stopped.
03:34 But some people say,
03:36 "What if the barangay captain is the one who's charging?"
03:38 Well, in that case,
03:40 maybe you should go to the mayor or the police,
03:42 but it's a hassle
03:44 if you're only going to complain
03:46 once and you won't
03:48 come back. So, shout out to
03:50 those who have jurisdictions
03:52 in their area, you should
03:54 check if that's right or not.
03:56 So, it's okay to complain
03:58 for extra income
04:00 as long as it's the right and
04:02 legit way. So,
04:04 as long as we're talking about the law,
04:06 we'll make it clear,
04:08 for the peace of mind,
04:10 and for Gabby's cat to think twice.
04:12 Tony Gabby.
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