As the growth of the motorcycle industry and community in the country is rising in immense proportions, we understand the need to enforce the laws and regulations that ensure order and the safety of all concerned. More and more people have moved to motorcycles as the new and alternative solution to cars and public transportation. It is economical, affordable and it gets you to your destination in less time.
With the creation of AO: AHS-2008-015, a lot of the regulations being proposed are already within the scope of RA 4136. What we need to focus on is the enforcement of these laws and the proper issuance of licenses and registration to all motorists.
However, there have been some additional regulations that were introduced with this AO. We have some concerns as to the basis, implementation and vagueness of these regulations. Our main concern is the possibility of these new regulations to be subject to the possibility of corruption and illegal apprehensions based on the interpretation of the apprehending officers.
We would like to seek clarification and the basis of the implementing rules and regulations of these grey areas of the AO. We are asking for your help in re-evaluating these regulations and to hold its implementation while a proper and more technical study is made to clarify the issues.
I would also like to say that the AO has been a subject of every rider, shop, dealer and manufacturer. This AO has grave effects not only to the community but to the entire industry as well. Small shops and stores will lose their livelihoods, their mechanics, cashiers, assistants and helpers will lose their jobs, the suppliers will lose their means of business, the dealers will have fewer buyers, the manufacturers will have less reason to keep their assembly plants in the country and the government will lose millions upon millions of tax collections from all of the parties concerned thus creating another economic tumble. I feel especially saddened to the people who will be forced to close shops and the employees they will be sending home with no more jobs the next day.
We also feel that the AO is discriminatory, Anti-poor, prejudicial and un-constitutional since it breaks The following laws:
(1) the LTO AO is outside of the scope of RA 4136;
(2) the LTO AO violates Book IV, Chapter 11, Section 50 and Book VII, Chapter 2, Section 9 of the Administrative Code;
(3) the LTO AO violates the Bill of Rights, Sections 1, 2, 4, and 19.1 of the Constitution...
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 4.No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 19.
1. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
With that said, we the people of the Philippines, humbly ask the officials who govern us to hear our call for equality, freedom and the right to express one’s self. We acknowledge the need to enforce and advocate safety and we are all for that. Given that we do not stop on the rights of the people and their own property.
Instead of taking it to the streets, why not bring us back to the blackboard.
Re-education and not regulation. Equality and not discrimination. Freedom and not oppression. Safety without dictation.
God bless us all!!!
http://www.motorcyclephilippines.com/forums/showthread.php?t=143050
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