Impounding vehicles involved in accidents, clearing roads

 BEHIND THE SCENES
Alfred P. Dizon

Motor vehicles involved in accidents resulting to death or serious physical injuries to any person will be impounded under a bill that won unanimous approval of the House committee on revision of laws on Thursday.
    Authored by Deputy Speaker and 1-SAGIP Partylist Rep. Rodante Marcoleta, House Bill 152 seeks to amend pertinent provisions of Republic Act 3815 or the Revised Penal Code.
    The bill was approved by the revision of laws panel chaired by Zambales Rep. Cheryl Deloso Montalla who also presided over the committee hearing.
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HB 152 directs impoundment of land transport vehicles involved in vehicular accidents that caused death or serious injury of pedestrians, commuters or by-standers.
    However, the bill also provides impounding vehicles may be avoided if the vehicle owner is able to post cash bond of at least P500,000 as security “for the satisfaction of any judgment that may be rendered by the court.”
    In filing the bill, Marcoleta said provisions of HB 152 are in consonance with the policy of the state to promote social justice in all phases of national development, adding the value of life and dignity of every person is guaranteed under state policy.
    “This proposed bill seeks to protect the ordinary Filipino, the “un-vehicled” urban poor who merely rely on public transport in the course of earning their living,” said Marcoleta, referring to pedestrians, commuters and innocent by-standers. “More often than not, the consequential damages awarded are delayed by protracted appeals or could no longer be enforced because by the time judgement is rendered, the perpetrator (s) as well as the owner (s) and/or operator(s) of said vehicle, are left with no assets which could satisfy the adjudged civil damages sustained by the victim,” said Marcoleta.
    Marcoleta argued the requirement of a cash bond, rather than a surety bond, strengthens the right of the aggrieved victim in the event of an award.
    The bond, the bill stipulates, would help the victim enforce his right against the defendant, or surety companies which customarily raise several defenses against the execution of judgments. 
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The bill may be of good intentions. But what if the vehicle driver or owner is proven by the court later as innocent? For one, there have been cases of suicidal “victims” suddenly throwing themselves in front of vehicles making the driver late in braking or veering.
    The “victim” could be maimed for life or die, but in this case, was it the fault of the driver?
If this bill is approved into law, the vehicle would be impounded or a cash bond of P500,000 is imposed on the driver or owner before judgement of the court.
    If the driver or owner is later found innocent, wouldn’t this be unfair to the accused? Prior to court judgement, the driver or owner would lose their livelihood particularly if it is a public utility vehicle that was impounded. 
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Still, on vehicles and roads. After more than seven months of suspension, the Dept. of the Interior and Local Government recently ordered resumption of road-clearing operations nationwide depending on quarantine classification of local government units, giving 60 days for local governments to comply with the Presidential directive.
    DILG Secretary Eduardo M. Año said with improved quarantine classification in the country, road-clearing is on after it officially commenced on Nov. 16 to end on Jan. 15, 2021.
    Under DILG memorandum circular 2020-145, Año said resumption of road clearing order (RCO) 2.0 will vary, depending on quarantine classification of a certain area. “We may have resumed RCO 2.0 but we acknowledge the threat posed by Covid-19, hence, we still take into consideration the quarantine classification of the LGU.”
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He said full implementation of the RCO 2.0 will be enforced in areas under MGCQ and “new normal” or post quarantine scenario. Partial implementation will be executed by LGUs under GCQ while in areas under MECQ and ECQ, the RCOs are suspended.
    LGUs and barangays under a localized ECQ or MECQ may likewise suspend implementation of RCO 2.0 regardless of their community quarantine classification.
    In the memorandum, Año said partial implementation in areas under GCQ is limited to actual removal or abatement of road and sidewalk obstructions considered dangerous to motorists and pedestrians and road clearing for the purpose of establishing bike lanes.
    Full implementation in MGCQ areas and below, he said, requires LGUs to adapt all components of the RCO as provided by DILG memorandum circular 2020-027.
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All LGUs implementing RCO 2.0, according to Año, whether partial or full implementation, are expected to abide by DILG memorandum circular 2020-027 released February stipulating policy on implementation of the President’s order to clear roads of illegal obstructions.
    DILG Secretary Año said during the 60-day implementation of the RCO 2.0, LGUs must rid the streets of any obstruction as provided by DILG MC 2020-027.
    According to the said memorandum, road obstructions such as vehicular terminals except in areas designated by LGUs; vending sites; house encroachments that obstruct right-of-way; debris, waste materials and other junked items, among others must be cleared off roads.
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Meanwhile, DILG Undersecretary and spokesperson Jonathan E. Malaya said during implementation of RCO 2.0, parked ambulance and public emergency vehicles; checkpoints established by IATF, LGUs, PNP, and AFP and temporary obstructions caused by establishment of bike lanes are exempted from being removed or apprehended.
    He added banning of motorized pedicabs and tricycles on national roads and highways must be implemented by LGUs notwithstanding rules and guidelines set by the Dept. of Transportation on operation of tricycles during community quarantine period.
    DILG validation of LGU compliance, just like in previous implementation of RCO, Malaya said, will be done in provincial, municipal and city levels on Jan. 18-22, 2021.
    LGUs that fail to comply with the presidential directive will face administrative charges from the DILG.
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There may be need to review DILG memoranda on road obstruction since some sectors are now saying it is anti-poor considering there are many people with vehicles but without parking spaces in their residences.
    Among others, pundits are saying, there are also open areas in barangay roads where vehicles could park without impeding smooth traffic flow.