DUMAGUETE CITY -- The Highway Patrol Group (HPG) in Negros Oriental has started to clamp down on motorists without crash helmets, as well as other traffic law violators like drivers and passengers of four-wheeled vehicles who do not use seatbelts.
HPG provincial director Senior Inspector Silvestre Cenia, Jr. said Monday, September 17, that every time “Oplan Sita” is conducted, more violations are noted, including failure of motorists to carry with them official documents like driver’s license, registration papers of the unit and unregistered motorcycles.
Cenia said there is no reason for them at the HPG-Negros Oriental not to enforce Republic Act (RA) 10054, the national law mandating the wearing of helmets, after a regional trial court in the province dismissed a special civil action for declaratory relief with prayer for a preliminary prohibitory injunction dated July 19, 2012 yet.
Earlier, some local officials as well as over a thousand residents filed a petition to nullify the said law, saying it was “unconstitutional,” among other arguments.
In his decision, RTC Branch 44 Judge Neciforo Enot said “for failure of the petitioners to clearly and convincingly prove its unconstitutionality, RA 10054 remains a valid and enforceable statute. The respondents have no choice but to implement it as a matter of course.”
In a separate interview, then mayor Manuel Sagarbarria (now congressman of the 2nd district of Negros Oriental) also informed the public of his own signature campaign through the aid of barangay officials, geared toward the same purpose undertaken by Cordova and company.
Because of this, the Court noted that these extraneous remedies “constitute tacit recognition of the fact that the matters interposed by the petitioners are for Congress to consider and not the RTC.”
In that decision, dated July 19, 2012, Judge Enot said he wholeheartedly supports and encourages the personalities concerned to steadfastly pursue the political remedies they have resorted to until they succeed in having the assailed law repealed, or at least amended to conform to the conditions obtaining and prevailing in Dumaguete City and other local government units similarly situated.
After receiving the copy of the decision last September 13, the HPG immediately started to implement the national law on the wearing of helmets.
Cenia stressed a motorcycle rider can be flagged down for two initial violations -- having no side mirrors and the motorist is not wearing a helmet – that can be seen from a distance.
Initial enforcement had resulted in impounding of motorcycles due to other violations like absence of registration papers and having no official receipts and certificate of registration.
Section 7 of RA 10054 provides for the driver and the back-rider to wear standard protective head gears such as helmets. The fine for first offense is P1,500; second -- P3,000; third -- P5,000 and for the fourth offense -- P10,000 and the possibility of revocation of license.
In the other sections, RA 10054 can be implemented in short and long drives, in streets, roads and highways.
Both the HPG and the Land Transportation Office (LTO) are expected to shed light on the campaign during the regular session of the city council on Wednesday, Sept. 19, 2018.
The public is also invited, through broadcast and social media to attend and/or listen to the proceedings on the re-imposition of the helmet law.
Meanwhile, the HPG also stressed that it does not allow fixers to make arrangements with them as representation of a person who has been cited for a traffic violation.
Cenia made the announcement following a complaint by a motorist who was flagged down for not wearing a helmet and was found with other violations such as having no motor registration, driver’s license and certificate of registration.
That person allegedly gave P7,000 to a certain “Alex” of the HPG “aron lakwon ang release sa motorsiklo dinha sa LTO (to facilitate the release of his motorcycle with the Land Transportation Office or LTO),” he said.
The motorcycle owner, who is a returning overseas Filipino worker (OFW), however, said the money was returned when he told the fixer he would bring the matter to authorities.
Cenia cautioned motorists against giving money to anybody when they are issued Temporary Operator’s Permits (TOPs) or citation tickets. They should instead go directly to the LTO, he added.
“Magbayad na sa multa, mabiktima pa gyud og fixer, (they are paying the penalties and at the same time get victimized by a fixer,” he said.
Dumaguete Councilor Michael Bandal said he understands the predicament of the HPG and the LTO, who, he said, are being pressured by their higher-ups to enforce the national law on helmets.
He said as a lawyer and a a law-abiding citizen “we are bound to follow the law.”
But as an ordinary citizen, strictly implementing the provisions of RA 10054 (Motorcycle Helmet Act of 2009) is “medyo impractical (kind of impractical)” for narrow roads and for traveling short distances from one point to another in the city especially that the back-rider is also mandated by the law to wear the same standard protective headgear, Bandal said.
Due to very narrow roads and lack of parking space in this city, many residents use motorcycles in bringing their children to and from school, and in going to the markets or churches, he noted. (PNA)