Albay 2nd district Rep. Joey Salceda believes he knows the reason why newbie 1-Rider Party-list made such a huge splash during the party-list race in the May 2022 elections.
According to the veteran solon, the frustrating if not downright unfair no-contact apprehension traffic policy in the Philippines promoted voters to catapult 1-Rider nominees to the House of Representatives.
“The intentions of no contact apprehension are good, and perhaps they might work out. But the Constitutional right to due process does not end in traffic law, and for the time being, no contact apprehension appears not to give enough room for such right, to fairness or remedial recourse," Salceda said in a statement Saturday afternoon, July 9.
Salceda cited the practice in other countries, where traffic violations can be appealed.
“In many municipal jurisdictions in the United States and other countries that enforce some form of no contact apprehension, the offender is allowed to dispute the finding of violation or to appeal for a reduction of the fine through a municipal judge. Like all juridical proceedings, the judge will assess the appeal and consider mitigating or aggravating circumstances, including the reasons for the violation and the capacity to pay. In cases where the offender is unable to pay the fine, the judge may sometimes impose alternative forms of penalty, such as community service,” he noted.
“There is no such mechanism in the Philippines that is as accessible or as reassuringly fair to the drivers – especially to those who make a living out of being on the road. In many ways, the vacuum in the role of a municipal judge deciding a final penalty for traffic violations is filled by the ‘kotong’ (extortionist) traffic enforcer, with whom the driver can at least argue his case, negotiate a penalty, and resolve his record," explained the Bicolano.
“You can see the frustration among road users such as food delivery riders, who have made their sentiments known to the public by electing to Congress the second-largest vote-getter in the 2022 party-list elections – 1-Rider, which made its name by helping out riders caught in unfair traffic enforcement situations,” said Salceda, chairman of the House Ways and Means Committee.
Arguably the surprise of the May 2022 party-list race, 1-Rider was next only to topnotcher ACT-CIS Party-list in terms of votes.
One of 1-Rider Party-list's two nominees, Rep. Bonifacio Bosita, is traffic official-turned-Youtuber, whose content usually features him "rescuing" distressed motorists. 1-Rider's other nominee in the upcoming 19th Congress, Rep. Rodge Gutierrez, is a lawyer from Bicol.
As a response to the problem, Salceda vowed to propose amendments to the 58-year-old Traffic Code of the Philippines, amid worries that the expansion of no-contact apprehension programs across more cities and thoroughfares would violate due process of ordinary motorists and transport sector workers, such as transport network vehicle service drivers and food delivery rides.
"Very few protections exist for ordinary motorists. And once you are told to be violating traffic rules, you stand almost no chance of disputing the finding,” Salceda said.