Rationalizing our traffic rules

By Atty. Eduardo T. Reyes III

News about the standoff between a motorist and a traffic enforcer has gone viral this week. A CCTV footage of the incident swirled over social media where it appears that a motor vehicle has changed lane from left to right to eventually make a right turn a few meters ahead.

This did not sit well with the traffic enforcer who apprehended the driver for what is vaguely called “swerving.”

“Swerving” means an abrupt change of action or course. From the video, it seems that the changing of lane of the motor vehicle was neither abrupt nor sudden. In fact, it can be clearly shown that the other motor vehicle behind had given way for the transfer of lane.

Nevertheless,                the incident brings to fore many “gray areas” in traffic rules being implemented by local government units (LGUs) including Iloilo City.

Transportation and traffic rules in the Philippines are embodied in Republic Act No. 4136 where its short title is “Land Transportation and Traffic Code.” Therein, “swerving” is not even mentioned. Instead, what is prohibited is “reckless driving.” It is defined under Section 48 as operating a motor vehicle “without reasonable caution considering the width, traffic, grades, crossing, curvatures, visibility and other conditions of the highway and the conditions of the atmosphere and weather, or so as to endanger the property or the safety or rights of any person or so as to cause excessive or unreasonable damage to the highway.”

In essence, reckless driving is one involving a total disregard of the safety of others on the road given the conditions present at the time.

Of course, it is within the powers of LGUs to pass traffic rules through an ordinance. Yet LGUs must be mindful of the basic rule under Article 2 of the New Civil Code that requires publication of all laws before they can take effect. In tandem, Section 59, Chapter III of RA 7160 or the Local Government Code, requires that “The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs.”

In Inmates of the New Bilibid Prison, Muntinlupa City v. Secretary Leila M. De Lima, Department of Justice and Secretary Manuel A. Roxas II, Department of the Interior and Local Government/Reynaldo D. Edago, et al. v. Secretary Leila M. De Lima, et al., G.R. No. 212719/G.R. No. 214637, June 25, 2019, the Supreme Court defined a penal law as one with “provisions defining offenses and prescribing penalties for their violation.  Properly speaking, a statute is penal when it imposes punishment for an offense committed against the state which, under the Constitution, the Executive has the power to pardon. In common use, however, this sense has been enlarged to include within the term “penal statutes” all statutes which command or prohibit certain acts, and establish penalties for their violation, and even those which, without expressly prohibiting certain acts, impose a penalty upon their commission.”

Assuredly, a traffic violation is penal in nature as it results in “apprehension” of the driver and payment of fine. That the ordinance prohibits an act, and imposes a fine for a breach thereof, means that the ordinance is penal in nature. Thus, publication of the ordinance is indispensable for the valid enforcement of the same. This was reaffirmed in Villafuerte v. Cordial Jr., G.R. No. 222450, July 7, 2020 which case underlined the need for publication of ordinances that carry a penalty.

In turn, the need for publication was explained by jurisprudence as a means to enlighten or inform people that a certain act is prohibited.

As of today, the traffic rules being implemented by our traffic enforcers are not clear to motorists thus it results in misunderstandings and arguments on the road or the roadside.

Besides, the implementation of these traffic rules cannot be too rigid as to apply them at all times in a straitjacket fashion. For instance, the rule against changing of lanes cannot be enforced without taking into account several factors like road condition, positions of other motor vehicles, and the time.

Presently, our streets in Iloilo City are not “through highways” where there are no obstructions of any kind. We still have electric posts implanted on the right side of the road, we have lanes that merge or just disappear up ahead, and we have pedicabs on a glacial pace which we need to overtake thus requiring the changing of lanes. Motorists have to contend with all these when driving on the road and especially in respect to pedicabs, motorists are extra patient as this is the only means of livelihood of pedicab drivers.

In short, in an imperfect road condition, we cannot expect a perfect way to drive a motor vehicle. Logically, a slight deviation from a traffic rule, if ever there is, when it poses no danger or harm to others, should not be the subject of apprehension. Especially when the driver of the motor vehicle is a senior citizen, traffic enforcers should be trained to be courteous and perhaps instead of a traffic citation, a mere reminder would do.

First year law students are taught in law school that “laws are rules of reason.” Traffic rules are no different. They too should be implemented with reason.

And better still, with compassion and humanity.

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, law professor, MCLE lecturer, bar reviewer and book author. Among the books he authored is Law on Property and Essentials of Land Registration [2024 Edition] which was on the bestseller’s list in online shops for several months. His website is etriiilaw.com).