For all intents and purposes, Republic Act 10054 or the Motorcycle Helmet Act of 2009 is a good law. It is a police power measure that promotes public safety, designed to protect those who ride motorcycles. Similarly, encouraging the use of motorcycles is not only more environmentally friendly and fuel efficient (as compared to other motorized vehicles), it has the potential of lessening traffic as well. The benefits multiply when one or two persons ride-in-tandem with the motorcycle driver. So it is difficult to imagine how using a helmet or riding-in-tandem in a motorcycle may not promote the public good. Yet they have become the current tools of choice for criminal activities.
Full-face helmets or those with dark tinted visors are being used to conceal the identities of those committing a crime. It is interesting to note how legislators and local government units are dealing with the problem. Zamboanga City Rep. Celso Lobregat filed House Bill 4438 seeking authority for LGUs to temporarily suspend the use of protective head gear to combat the rising criminality within their areas. The sangguniang panlungsod of Tagbilaran, Bohol has passed an ordinance banning motorists from wearing identity concealers such as bonnets, hoods, garments or helmets.
This reminds me of a 2010 French Law which made it illegal for anyone to cover their face in public. While the ban covers masks, helmets, and balaclavas as well, it was primarily seen as targeting Muslim women who wear the burqa (covering the head and body) and the niqab (leaving only the eyes uncovered). A 24-year old French-Pakistani questioned the law before the European Commission of Human Rights arguing that it was “inhumane, degrading and discriminatory, against the right of respect for family and private life, freedom of thought, conscience and religion.” The European Court upheld the law, not on the grounds of gender equality or public safety, but on the basis of “sociality” which was defined as the State’s legitimate objective to encourage their citizens to live together in harmony.
The criminal use of riding-in-tandem is not unique to the Philippines. What comes to mind is a scene from Godfather part III where Andy Garcia disguised as a policeman, while riding-in-tandem on a horse, shoots Corleone family opponent Joey Zaza who was attending a religious procession. Many countries in Latin America have had to deal with this problem. To combat this practice, Mandaluyong City enacted an ordinance patterned after a law in Colombia which allows riding-in-tandem only to women and children. If two men ride a motorcycle together, the police can flag them down and require the presentation of identification papers. Senator Tito Sotto wants to craft a law where only the spouse, kids or relatives within the first degree of consanguinity can ride with the motorcyclist. A proposed Quezon City ordinance requires the wearing of vests that clearly convey the letters and numbers of the bike’s license plate. This so-called “plaka vest” has drawn the ire of many Quezon City bikers.
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A familiar story that has several versions illustrates the interplay between good and bad:
There was an old man who had only two passions in life: horses and his son.
The old man and his son would travel great distances to trade horses, meet new people, and enjoy the good fortune that life had bestowed upon them.
One morning, a servant left the stable door open and the old man’s favorite stallion escaped. When the neighbors heard the news, they came to console the old man for the stroke of bad luck.
But the old man told his neighbors that losing the horse wasn’t necessarily bad luck. There was no way to predict that the horse would escape; things happen, and now there was nothing that could be done about it.
A week later, the stallion came back and brought with him a rare white mare. The neighbors congratulated the old man on his good luck. But again, the old man took things in stride. He believed it was not necessarily good luck that had brought him this beautiful white horse.
Later, while his son was riding the white horse, he slipped and broke his leg. Again, the neighbors visited the old man to extend their sympathy for the bad luck that had befallen his son. One of the neighbors suggested that the old man sell the mare, and others said that he should take his revenge and put the mare to sleep. The old man did neither. He explained to the neighbors that they should not feel sorrow for his son, nor anger towards the mare. It was purely an accident that could not be predicted, and there was nothing he or they could do to change it.
Two years later, war erupted, and the old man’s neighbors’ sons were drafted to defend the country. Because the old man’s son was lame, he was exempted. The war resulted in many casualties, and many of the old man’s neighbors’ sons were killed. But his own son was spared because of the accident two years earlier.
The moral of the story seems to be that you should not lose hope if something bad happens, nor should you be too overjoyed because something supposedly good occurs. In other words, we need to treat triumph and disaster with a certain sense of equanimity and accept the reality that the two often ride-in-tandem.
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World’s clown: We cannot let this week pass without paying our four centavos of tribute to Robin Williams. He was, simply, brilliant. Joy and sorrow, humor and hurt, comedy and tragedy rode-in-tandem in his being. Amidst his personal pain, he gifted his audience with laughter. To the world’s clown, thanks for the memories.
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Greetings: Birth anniversary best wishes to my first boss, now National Historical Commission of the Philippines chairperson, Dr. Maria Serena “Maris” Diokno.
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“You’re only given one little spark of madness. You mustn’t lose it.” - Robin Williams
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Email: deanbautista@yahoo.com