Mr. Rodrigo C. Cruz of Arangkada and Mr. Jodel J. Dianito filed a petition against RA 11235. Spokesperson and secretariat of the Motorcycle Rights Organization, Mr. Jobert Bolanos, and the lead representative, Atty. Ruel Ilagan of Garantiel Ilagan & Atanante Law Office joined them at the Quezon City Hall of Justice last July 01, 2020.

The Petition was to declare certain provisions on the implementing rules and regulation as unconstitutional and violate the rights of the motorcycle owners, and riders themselves. We will just name at least two things that make this RA 11235 unconstitutional and discriminatory.

On a legal aspect, the RA 11235 is unconstitutional. It violates our constitution since the implementing rules submitted was not focused on the act of penalizing the use of motorcycle in the commission of crimes, instead, penalizing every single motorcycle owners and users. When apprehended, as stated in the guidelines, it singled out motorcycle users since the excessive penalties imposed were for motorcycles only. The law submitted did not look into models of motorcycles and preceded in making guidelines without any due process. 

On a social aspect, the law is discriminatory in nature. With the penalty imposed, it directly strikes the livelihood of common motorcycle riders. Excessive penalties make a motorcycle rider and users criminals when apprehended for a simple traffic violation. This makes equal protection of the laws was disregarded. As exclaimed by the petitioners, not all riders are criminals. 

“In any case, what we are filing here is a prayer for a TRO and to declare that the law is unconstitutional ”

– Mr. Jobert Bolanos, MRO
Atty. Ruel Ilagan with Mr. Rod Cruz and Mr. Jobert Bolanos

“Masyado tayong naapi… Na singled-out tayong mga nagmomotor… Ang kinikita ng mga nagmomotor eh basic lang… Kakasuhan mo pa sya ng Bente-Mil hanggnag Isang-Daang Libong Piso?!… Masyado tayong na-Profile… Ang kasalanan ni Juan eh hind kasalanan ng lahat… Masakit eh!”

– Mr. Rod Cruz, Arangkada
Atty. Ilagan at the QC – RTC

“After filing we will be waiting for the schedule of hearing for the case and since it’s urgent, we are expecting that this will not take too long.”

– Atty. Ruel Ilagan. GIA Law Office
Original copy of the petition
Petition for TRO

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Article: Alex A.  Source: GIA Law Office Production: J AD Media

#RA11235 #LifestyleOnWheels #MotorsikloNews #TrafficNetwork #PinoyXtremeChannel

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