Passing the Bucket

A proposal in the Philippine senate to prohibit motorcycles drivers from riding in tandem with nonkin passengers is in the offing. Exceptions are relatives up to the first degree of consanguinity which will be allowed to back ride. But in all cases, children won't be allowed to back ride for safety reason. Aside from the latter which by the way is non-objectionable and in fact laudable, the proposal is said to be aimed at checking the rising tide of killings and criminal activities using motorcycles as a tool of escape. In Quezon City, a similar move was enacted requiring motorcycle riders to wear vest with the plate number printed on it. Of course the numbers should match. Otherwise, it will be a cause to stop the rider as a suspect for possible robbery and other criminal offenses. These proposals and enacted ordinance are manifestation of the quality of the minds that populates the Philippine government. Not exactly the kind of action we should expect from the elected and appointed officials. Hardly the kind of lawmaking we should bestow upon our children. These rules hope to move a pebble with a bulldozer. These rules would put everyone on a leash because the government cannot distinguish which among them are dogs.  

The issue of constitutionality could render this laws “void ab initio” for it would directly and indirectly violate the bill of rights. All subjects has the right to life, liberty and property, and any contrary rules subverting this right in whole or in part cannot be recognize as valid. The enjoyment of an individual’s private property and its use in any way by anyone who has valid title over it is guaranteed and inviolable.

Furthermore, there will be issues in the enforcement of the new ordinance and proposed law. For one, it will create havoc in the streets. Proof of identity and relationship must be carried at all times and ready for presentation upon demand by designated authorities, which is discriminatory considering that majority of the riders belongs to the lower echelon of the working class. A situation that is in semblance with occurrences in a police state, where people’s rights are based on the documents they carried. It is reminiscent of Hitler’s days in Europe to identify the Jews from the non-Jews. It approximates the pass issued by the Japanese Kempe-tai’s during the occupation of the Philippines. It could reflect the past martial law regime’s abuses when people’s rights are diminished by regarding them as suspects even before an offense is committed.

It is apparent that the proposed law is borne by over-complicated understanding of the problem they intend to solve. It connotes a farsighted view of the circumstances that surrounds them. It seems to project that the problem is everything and everyone but never the government or its enforcement arm. Is it a means to shift the fault and the blame to the social system as it has always been? One will not be able to count in his fingers the laws, regulations, ordinances that are either partially enforced or not implemented at all due to funding problems and enforcement difficulty. In this particular instance, as in others the solution is "enforcement and presence". There is a saying, “If the Cat is away the Mouse will play”. Never did this venue claim expertise, but the solution is obvious. Police presence in the streets is the missing element in the enforcement landscape. Try driving around the streets of Metro-Manila and count the number of police officers you will see. Chances are you will not be able to see a warm body wearing a police uniform. The police must be present out their on the streets. All of them, including the officer who must oversee their men maintaining the much needed presence 24 hours a day, 7 days a week. They should be visible to dissuade offenders. It is the most simple but crucial activity that they must indulge. They must be a street walker; they must be in motorcycles, in cars, everywhere. They must cease hiding from the public view. The criminals must see them. They should be visible at all times so that the public will feel comfort, peace of mind, and no longer afraid. Let the police presence make the criminals rethink their ways. The police must make the day too hot for the criminals to stray and the night too chilly for them to seek a prey. 

It is not a difficult task, considering that it is their job in the first place, to be on the street. Let us not pass the buck to the traffic enforcers who will eventually bear the burden of enforcing this proposed law/s. Let us not pass the buck to the citizens, who generally will bear the discomfort and deprivation of their rights. If they can muster the manpower to implement and enforce the proposed law, they will the have the people to fill the streets. The preceding must be coupled with an efficient and functioning communication system for police emergencies, similar to the United States 911. Foot patrols must be provided with two way radios for fast, coordinated and on touch response. Let us not erode our constitutional rights for a whim and self aggrandizement. Let us not shave off the liberties we hardly won with the indolence and incompetence of some who happens to be in power.

“Nun quam iterum”- “Never Again”

See also;  http://thefourthperspective.blogspot.com/2013/01/politic-king.html