The only question I had to trouble myself before was "is it going to rain today?". Now with all the sharks in a frenzied race to hit their daily extortion quotas, what was once a peaceful zen practice is now a stressful mind game. As if the gas prices weren't a hassle enough eh? I have to plan my route now, whereas before I can ride anywhere to my heart's desire, always taking the long-cut just to extend my pleasure. I'd go out 1AM and just ride around Makati and back, grab some munchies, sit back on some silent 24-hour convenience store and admire the silently deserted streets.. ah, bliss..
Anyway, I'm drifting again. This is a good read:
TOP officials of Dumaguete City sued Department of Transportation and Communication (DOTC) and Land Transportation Office (LTO) officers for implementing an alleged illegal order.
Mayor Agustin Perdices and the City Council of Dumaguete headed by Vice Mayor Woodrow Maquiling have filed declaratory relief before the City Prosecutor's Office Monday afternoon against the implementation of Administrative Order (AO) 2008-015 issued by LTO Chief Alberto Suansing.
The questioned AO, dated May 15, 2008, was approved by Transportation and Communication Secretary Leandro Mendoza.
Aside from Secretary Mendoza and Suansing, the charge sheet also includes LTO Regional Director Raul Aguilos and LTO Dumaguete District Chief Ely Cabanag.
The petitioners have asked the court to issue a Temporary Restraining Order (TRO) ordering DOTC and LTO officials to cease and desist from enforcing and implementing the questioned AO.
City officials also asked the court that the order be declared null and void for having been issued without authority of law.
Councilor Rommel Erames, who initiated the move and not Councilor Antonio Remollo as reported earlier, stressed that the AO is now in the process of being implemented by Cebu-based LTO agents who are endlessly harassing motorcycle and scooter drivers in Dumaguete City.
Drivers of motorcycles and scooters are being penalized from P1,000 to P1,500 per alleged violation of the penal provisions of the AO.
Non-wearing of "standard helmet" will be penalized by P1,500 per violation.
Section 1 (h) of AO AHS: 2008-015 provides that the standard helmet is approved by the Department of Trade and Industry (DTI) with PNS-UN ECE 22 marking.
Councilor Erames, however, stressed that the prescribed helmet is not available in the market.
A memorandum issued by Engineer Jesus Motoomull, director of Bureau of Product Standard (BPS), stated the LTO order was implemented without consultation and that even BPS was not able to get a draft or official copy of the AO.
Motoomull stressed that BPS had only known about the AO accidentally during the DOTC Road Safety Board Meeting on June 23, 2008.
In a memorandum dated September 3, 2008 to DTI Undersecretary Zenaida Cuison-Maglaya, Motoomull said during the consultation conducted on July 29, 2008, he informed the LTO and DOTC that there is an implementation phase for PNS UN ECE 22.
Councilor Erames, who is a lawyer by profession, said there is a spontaneous uproar and protest against the questioned AO and its implementation among the citizens of Dumaguete, including him and his co-petitioners. He described the AO as invalid and illegal.
"There is no law upon which Administrative Order AHS: 2008-015 is based," the petitioners alleged in the charge sheet.
City officials maintained there is no law, which authorizes respondents to promulgate rules and regulations for the use and operation of motorcycles on highways.
The law defined "highway" as all public thoroughfares, parks, alley except ground owned by private persons, colleges, and universities, and similar institutions.
"Plainly, when respondents Mendoza and Suansing promulgated 'rules and regulations for the use and operation of motorcycles on highways', they were unlawfully exercising legislative power which appertains exclusively to Congress, a clear violation of principle of separation of powers enshrined in the Constitution," read the charge sheet filed by the city officials of Dumaguete.
Lifted from SunStar dated September 24, 2008 - article by Victor Camion
Up yours..You don't need to be a law person to see through the flimsy veil of the Administrative Order. The reason why I am totally against it, aside from its utter stupidity, is that it violates the constitution. It's nothing but a propaganda to make money. Period. Nothing else. I see no reason to "meet them halfway" regarding something blatantly illegal. That would place me along their line of stupidity as well.
Here's another revelation regarding the Department Of Trade and Industry's stand on the LTO as posted by enshongi over the MCP forums. The best defense is to be armed with the right knowledge:
This is to educate and inform. There is also an internal memorandum from within DTI regarding setting up a meeting with LTO circulating around Cebu. Hope I get a hold of one. Later.
Here's another revelation regarding the Department Of Trade and Industry's stand on the LTO as posted by enshongi over the MCP forums. The best defense is to be armed with the right knowledge:
Hello fellow riders!
I'd like to share what I did re the new LTO AO. Say I wanted to get LTO/DTI approval for the modification on my mc.
The local LTO said to go to the DTI to get approval. Then I called up our local DTI office here in the province (r10) re the new LTO AO. Here's what the DTI said: The DTI DOES NOT give approval/permit to modifications on motorcycles. Here's why:
DTI does not cover modifications on motorcycles under the current laws, ONLY for trucks and other 4 wheel vehicles (right hand drive to left hand drive i assume). In Cagayan de Oro, there is ONLY 1 accredited shop that modifies TRUCKS. The rep then said if you had your motorcycle modified in that accredited shop then the said truck/machine shop will issue a clearance/permit stating the modification (for registration perhaps). (Why would I go there and have my mc modified there in the first place eh pang truck lang ginagawa nila).
Now I explained to the section chief about motorcycle shops that replace many parts of the motorcycle, and I BELIEVE there is not one mc shop here in the country that is registered under the DTI that modifies motorcycles simply because THERE IS NO LAW that mandates such mc shops to register with the DTI to modify mcs.
I also informed the person re the stiff penalties of said AO, and the tendency of the motorist to do away with the ticket through lagay and the AO is breeding corruption among the LTO enforcers. The rep said the AO was rushed without even consulting the DTI. They are still going to discuss the issue re the LTO AO.
There is even a moratorium on the type of helmet that a motorist will use, since DTI still has to release a correct standard to follow re the type of helmet (DOT,ECE, etc.) So a rider can be issued a ticket for NOT WEARING A HELMET but not the wrong type of helmet.
So I invite my fellow riders to call up your local DTI offices to ask them about the new LTO AO.
Cheers!
This is to educate and inform. There is also an internal memorandum from within DTI regarding setting up a meeting with LTO circulating around Cebu. Hope I get a hold of one. Later.
