Motorcycle barriers not required in Bogo City

CEBU, Philippines — Contrary to the thrust of the national government, protective barriers are not required for motorcycle backriding in Bogo City, northern Cebu in this time of pandemic.

Bogo City Mayor Jose Carlo Martinez issued Executive Order No. 41, series of 2020, dated August 5, 2020, which regulates the use of motorcycles in the city during community quarantine.

According to the EO, in addition to the restrictions provided under Republic Act No. 4136 or the Land Transportation and Traffic Code and other applicable laws regulating the use of motorcycles, owners of private motorcycles operating within Bogo during the community quarantine period may transport passengers or backriders.

However, the following mandatory provisions need to be satisfied: only one passenger is allowed per trip; no fee is charged; both driver and passenger must wear DTI-approved helmets; the driver and passenger must wear closed shoes; both driver and the passenger must be a home quarantine pass (HQP) holder, one day pass holder or worker’s pass holder.

In addition, a valid identification card must be presented as proof of identity of the driver and passenger and the wearing of face masks, or face shields, or such other protective equipment or any combination thereof, should be observed.

The EO does not require a barrier in the motorcycle.

Earlier, Department of the Interior and Local Government Secretary Eduardo Año said that despite allowing backriding for couples and live-in partners, the public must still observe the proper protocols set by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases, which includes the installation of protective barriers in the motorcycle.

But the Martinez’s EO cited Supreme Court’s ruling in the case of LTFRB and DOTR v. Hon. Carlos A. Valenzuela et. al, G.R. No. 242860, where it was held that a motorcycle owner may ferry a passenger as long as no fee is required.

The FREEMAN tried to get the statement of DILG-7 Director Leocadio Trovela but he said he had yet to read the EO and, therefore, begged off from issuing any comment as of yesterday.

The EO further stated that the Local Government Code of 1991 mandates the LGUs to exercise powers necessary, appropriate, or incidental for its efficient and effective governance and those which are essential to the promotion of general welfare, health and safety.

“A great percentage of the population of the City of Bogo depends on motorcycles for their daily essential travel during the community quarantine where there is want of adequate public transportation,” the EO read.

Under Section 1.2, any person who is living in the same household with the driver shall be allowed as a backrider, provided that the passenger is a relative by consanguinity or affinity within the fourth civil degree of the driver or a legal spouse, a common-law spouse or live-in partner of the driver.

As proof of relationship, the following documents shall be presented: for legal spouses, an original copy of the marriage certificate; and for common law spouses, or live-in partners, or relative by consanguinity or affinity within the fourth civil degree, a certification bearing the signature and dry seal of the local chief executive certifying the fact of their relationship and that they are living within the same household.

“For City of Bogo residents, a certification may only be issued if the records as per database of the Family Assessment Card will show that the applicants of such certification are living in the same household and that they are compliant with the relationship requirement prescribed herein,” the EO further read. — JMD (FREEMAN)