Dumaguete opposes Helmet Law

DUMAGUETE CITY, Philippines – The City Council last Wednesday assured constituents that they would find legal remedies to stop the impending nationwide implementation of Republic Act 10054 or the Mandatory Helmet Act, due to take effect sometime in the middle of this year.

In a public hearing presided by Vice Mayor Alan Gel Cordova, there were divided and different interpretations of the controversial law that majority of the motorcycle-riding public in the city have strongly opposed, a PNA report said.

Some councilors were for the use of motorcycle helmets by drivers and their riders for protection and safety reasons, while others were against it. All however agreed that observations and concerns raised by the public will be forwarded to the national government agencies concerned, specifically to Senator Ramon Revilla, Jr.

Many of the concerns raised by the public during the hearing focused on the “impracticality” of the law, noting that city streets were narrow and speed limits were much lower that in highly urbanized areas. Besides, there was the socio-economic impact on families considering the cost of standard protective helmets ranging from P700 to P5,000.

Revilla, the principal author of RA 10054, was invited to the public hearing but failed to attend, apparently due to the ongoing impeachment trial of Supreme Court Chief Justice Renato Corona.

Among the possible moves mulled by the City Council in the coming days included a survey on who were for or against the law, a petition to have it revised or crafted according to the local prevailing situation or making it optional for motorcyclists in a city with slower speed limits, a plebiscite and even the seeking of a temporary restraining order.

Cordova said the announcement last week by Negros Oriental provincial director Sr. Supt. Edward Carranza that RA 10054 will be enforced on January 26 came as a surprise to the majority, because the Implementing Rules and Regulations of the law was not yet released.

Due to the announcement, Governor Roel Degamo immediately sought for a one-month “moratorium,” or until Feb. 19, for the enforcement of the helmet law to gain the legal experts time to study it further and find measures for exemption of the city and the province.

However, the Feb. 19 deadline for the so-called moratorium has become irrelevant now that the IRR of the law has been released, as specified in a joint DOTC- DTI Administrative Order No. 2011-01, series of 2011.

A copy of the order was only acquired by the City Council, through Councilor Noel de Jesus, at noon Wednesday, through a publication in the Classifieds Section of a national daily. The IRR provides for a 6-month period from the time of publication in two national dailies for an information and education campaign of the law.

The councilors believe that other laws, decrees, orders, rules and regulations on helmet use would no longer apply. Before RA 10054, the LTO and its deputized agents were using as reference Republic Act 4136 or the Land Transportation and Traffic Code and a DOTC Administrative Order 2008-015.

Cordova said all conditions must be present before a law can be implemented, adding that the objective of the public hearing was to get public opinion on RA 10054 and note down the sentiments of the people. - THE FREEMAN