News Sense
Confused POSO and the public
By Hilda M. Austria
The PUNCH’s previous week’s banner story reported the full blast implementation of the ordinance no. 2013-2014 otherwise known as the “Ordinance Instituting Certain Security Measures for the Protection of the Lives and Property of Dagupeños” which includes the controversial “Helmet Ordinance.”
The ordinance initially met stiff opposition compelling supporters to justify its necessity even at this time when criminals use every means to commit crimes with impunity.
We would like to commend the Dagupan City PNP for helping justify the provision in the ordinance which was clarified before the court – ‘motorists are only required to remove their helmets in checkpoint areas for identification purposes’. The police told the court about its effectiveness having arrested two persons on board a motorcycle, one of whom had an unlicensed firearm. We commend the police, as well, for increasing their visibility, conducting checkpoints in barangays although they could actually do these even without that ordinance.
However, my heart goes out to motorcycle riders in the city and the members of Public Order and Safety Office (POSO) who remain confused about the ordinance’s implementation, particularly about the use of helmets by riders, for purposes of brevity, I will still refer to it as the “helmet ordinance.
Recall that the helmet ordinance was first interpreted by the author as ‘removal of the helmet while within the central business district or during authorized parades, checkpoints provided the speed limit is below 15 kph’. The Land Transportation Office (LTO) office in Region 1 protested this insisting it is against the national helmet law.
Then former judge Vic Llamas elevated the matter to the court, asking it to issue a temporary restraining order, echoing LTO’s position. City Legal Officer George Mejia clarified that ‘the motorcycle riders are only asked to remove their helmets in checkpoints by the PNP’, he clearly stated that “kapag pumasok sa Dagupan at walang helmet huhulihin sila (motorcycle riders). This saved the ordinance from being shelved.
That was apparently clear to him but not to the enforcers themselves. Some motorcycle riders are under the impression that there is no need to wear helmet while inside the central business district of the city. And their impression proved to be right because when I tested the POSO members’ impression by not wearing helmet in the city while onboard a motorcycle, the enforcer just looked at us unaware that we violated the law.
What happened to the previous ordinance of the city (older than the national helmet law) that requires the motorcycle riders to wear helmet to protect their lives? When I interviewed POSO officer in charge Eric Fernandez, he himself wasn’t sure what the ordinance asks of them to enforce as traffic enforcers.
I won’t elaborate much on that interview but suffice it to say that there is a need for the city hall and the police to give the enforcers the correct interpretation because ignorance of the law excuses no one especially those who are tasked to enforce the law.
The problem with our laws, be it the national laws or the local ordinances, is that they are not made clear enough to the public including to those who are mandated to enforce them. (I even heard a person in authority that the sense of the helmet ordinance was muddled by some in media who claimed there is a “no helmet policy” in the city).
So, let’s hear it from the city hall and from the police, clarify to the POSO and to the public how the city’s “helmet ordinance” works.
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