Bernaldez: Sans fine, motorcycle should not have been released

CEBU, Philippines – Cebu City legal officer Joseph Bernaldez yesterday said the motorcycle of the errand boy of former Capitol consultant Byron Garcia should not have been released without the corresponding payment of the fine.

The traffic group released the motorcycle of Filomeno Rodriguez after Garcia went to the traffic division questioning and even scolding the traffic police for impounding the motorcycle.

Rodriguez was flagged down at a police checkpoint last Sunday evening and was apprehended for driving without license. His motorcycle was brought to the traffic group after he was only able to present a student permit.

A student permit only allows the holder to drive in the company of a professional driver. The question on the propriety and the legality of the release of the motorcycle which was supposed to be impounded will be discussed today by the members of the Cebu City Traffic Operations Management (CITOM) board.

CITOM chairman Sylvan "Jack" Jakosalem said they will tackle the issue during their regular board meeting today. He said they have lawyers and representatives from the Highway Patrol Group and the Land Transportation Office to shed light on the legal issue.

The rules state that anybody apprehended for driving a motor vehicle without a valid license shall be fined P1,500 and an additional P1,000 if he or she owns the vehicle.

If the driver does not own the vehicle, the P1,000 shall be paid by the owner. Traffic police chief Andres Bayarcal however claimed that Rodriguez was only cited for violation of City Ordinance 801, the traffic ordinance of the city, which carries only a P500 fine.

It was questionable why Rodriguez was cited only for violation of the city ordinance when the national law should have prevailed.

LTO-7 regional director Raul Aguilos said that the procedure would have been to impound the motorcycle.

Under the rules vehicles driven by unlicensed drivers shall be impounded and it will be released only after payment of the corresponding fine.

Another procedure is the so-called technical impounding wherein only the plate is removed. (THE FREEMAN)