CIVIL CASES VS HELMET ORDINANCE

THE helmet ordinance recently passed by the Dagupan sanggunian finds itself mired in yet another legal question, this time before the court.

A former judge opposed not only one provision of the ‘ordinance but the ordinance itself.

Atty. Victor Llamas Jr., a resident of barangay Malued here, a former judge who is a motorcycle rider himself filed a civil case for declaration of nullity with preliminary injunction and issuance of a temporary restraining order (TRO) against the ordinance no. 2013-2014 which contains the ‘requiring of a closed circuit television (CCTV) cameras to business establishments and the amendment of the helmet ordinance’ among others, before the regional trial court in Dagupan City last August 5.

Earlier, Atty. Teofilo Guadiz III, regional director of the Land Transportation Authority, vehemently opposed the ordinance’s implementation particularly on the wearing of helmets by motorcycle riders.

Llamas said section 4 and 5 of the ordinance requiring motorcycle riders to remove their motorcycle helmets “upon entering and while within the city limits and the exemption of wearing helmet during authorized parades and processions provided that the speed limit is below 15 kph per hour is “inconsistent with R.A. no. 10054 and is contrary to public policy and is therefore void”.

The provision said Llamas also puts the riders at risk and even violates their bill of rights.

“The removal by a rider of his helmet while riding alone, forcing him to hold it in one, leaving only the other hand to drive motorcycle will be hazardous to him and the public (pedestrian and other motorists) because he cannot drive his vehicle efficiently”.

While “in the case of motorcycle riders with back riders, driving at a speed of lass than 15kph will make it difficult for him to balance his motorcycle specially ih he drives long distances, which will slow down the flow of traffic”.

Llmas stated that the removal of helmet for identification violates the riders bill of rights as “the act required is tantamount to ordering them to prove that they do not look like criminals, which repudiates the presumption of innocence”.

He also opposed the requiring of CCTV cameras to business establishments with capital not lower than P1 million and the security guards to be placed by banks with automated teller machines (ATM).

“The duty to install a CCTV is not a requirement under the National Building Code or the National Internal Revenue Code to be allowed to do business,” he said.

The ordinance should be void according to Llamas since the Sangguniang Panlungsod (SP) has no power to authorize the city mayor to appoint members of the Public Order and Safety Office (POSO) to make citations for suspected violations, to make confiscation of driver’s licenses or file cases for traffic violations with our courts which are matters that pertain to the LTO while the establishments of checkpoints and barricades and the conduct of searches by the POSO are police matters that pertain to the PNP alone.

Coun. Jose Netu Tamayo, author of the ordinance, said he could not yet comment on the case filed as he had not yet read the complaint.

Mayor Belen Fernandez, on the other hand, said she will it leave it to the city legal office to respond.

At the same time, City Administrator Farah Decano called The PUNCH to clarify that the recommendation of the city mayor’s office was limited to removing the helmet at checkpoints, and not the whole provision as introduced by Tamayo.

DIALOGUE

Meanwhile, Mayor Fernandez clarified that the planned dialogue between the LTO and the SP last week had to be postponed and will be done this week instead.

“It will not be a discussion on whether the ordinance is right or wrong but how to protect the lives of the people,” she said.

Fernandez told the KBP Forum last August 7 that the ability of motorcycle riding-in-tandem hitmen and robbers is a serious problem of the regional peace coordinating council (RPCC) where she is the chairman.

“We will ask LTO to give us suggestions on how we could address the problem on the motorcycle riding in tandem criminals”, said Fernandez. (Hilda Martin Austria)

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