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Some thoughts on the EDSA MRT 3 problem

August 2015
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A lot of people reacted when the current Philippine President practically absolved the Department of Transportation and Communications (DOTC) from any fault regarding the issues on the EDSA MRT Line 3 during his recent State of the Nation Address (SONA). The main message in some articles appearing on mainstream and social media is that the President should blame DOTC for the mess. I have the opinion that both DOTC and the private entities involved (MRT Corporation, MRT Holdings) are responsible for the problem and its being continuously unresolved.

A week ago, I got the following question in my email:

Who is it that we could blame for the current state of the rail system? What do you suggest that the government or the private partner do in order for them to improve the line?

Quite frankly, I thought the first question was too direct and blunt as to ask who we can blame for the MRT3 mess. It is also very awkward to answer the second question because it assumes that I am an expert on the legal issues on this matter. I am NOT a legal expert nor would I want to pretend to be one. Here was my reply:

That’s actually a very tricky question. We can’t really blame a specific person or persons but perhaps entire organizations that are supposed to be responsible for the mess that is MRT3. The main or root issue seems to be legal and not at all technical. The technical problems experienced are manifestations of a contract that is a textbook case for how NOT to do a PPP. I am not privy to the details of the discussions between the government and the people involved and behind MRTC so it is awkward to make comments specific to this matter of the contract and all its complexities. Perhaps the DOTC wants to follow “Daang Matuwid” by not budging to the terms laid out by MRTC? Perhaps MRTC is aware of the stakes (plight of the riding public) and is using this to force DOTC into a deal that is not favorable to government? We can only speculate on this without firsthand knowledge of their discussions.

However, from the perspective of transport as a service and as a public good, I would say that MRTC indeed is aware of the public’s clamor for improvement. This is all over the news and social media in the form of commentaries, images and even videos of the undesirable experiences of those taking the MRT3. In the end, DOTC must decide whether it is all worth it to maintain the stalemate with MRTC considering that the public interest is at stake here and things will just become worse with inaction. Perhaps the government should move towards the best compromise they can live with considering the urgency of addressing the problem at hand.

I would like to think that my reply was quite cautious. There have been many allegations and claims from both sides of the table regarding how to resolve the impasse and the conflicts that seem to be interwoven with the contract on the MRT3. Perhaps such cases test the limits of “Daang Matuwid”? Much was and is expected from DOTC considering its battery of lawyers including top officials of the department. Aren’t they supposed to have been involved in discussions and negotiations aside from strategic planning for our transportation in this country? I guess the general public especially those who take the MRT3 for their commutes already know who to blame for their plight…

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