RTC upholds Dagupan’s motorcycle helmet ordinance
THE Dagupan City ordinance that was earlier branded as downright illegal and therefore stupid was recently upheld to be legal.
The Judge Florentino Dumlao Jr. of Regional Trial Court (RTC) Branch 42 in Dagupan ruled that the ordinance enacted by Sangguniang Panlungsod (SP) requiring motorcycle riders and their backriders to remove their helmets when entering Dagupan’s downtown area has legal basis and denied on October 21 the two motions filed by lawyer Victor Llamas Jr. against the Sangguniang Panlungsod of Dagupan, City Mayor Belen Fernandez and the Public Order and Safety Office (POSO).
Llamas questioned legality of Ordinance No. 2013-2014 entitled “Instituting certain measures for the protection of the lives and properties of Dagupenos and providing penalties therefore for non-observance,” specifically Section 4 of the ordinance which states: “All motorcycle riders, including riders and backriders, who are required to wear standard protective motorcycle while driving in any type of road and highway pursuant to Section 3, Republic Act No. 10054 are hereby required to remove their helmets upon entering and while within the city limits of Dagupan City to identify themselves and submit to a reasonable search by authorized Philippine National Police (PNP) personnel”.
Mayor Fernandez and POSO were represented in the hearing by City Legal Officer George Mejia while the SP was represented by Councilor Jose Netu Tamayo, author of Ordinance No. 2013-2014.
Llamas, a motorcycle-rider himself, initially sought temporary restraining order (TRO) to stop the defendants from enforcing the ordinance but he eventually withdrew the case after the first hearing.
Citing Llamas’ withdrawal, Judge Dumlao ruled: “Wherefore, premises considered, the foregoing motions are hereby denied as the movant-plaintiff loses his standing as such in view of his own declaration of withdrawing the case.
He said it bears to stress that the court has already declared in its Order dated August 13, 2014, that all other issues relative to the instant case are moot and academic in view of the withdrawal of the plaintiff.
City Legal Officer Mejia said the ordinance is now being implemented by POSO. (LVM)
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