Stop clamping of vehicles

Mariano Carrasco

WE have seen so many heated quarrels when vehicles are clamped or their tires are locked with metal chains by the RTA or traffic aides. Vehicle owners and drivers suffer so much from the enforcement of this rule, which I would consider unjust and a clear denial of due process, with all due respect to the traffic authorities

The principles of due process is anchored on reason. It was elucidated in the cry of Themistocles: hear me first before you strike! In simple terms, due process demands that one should be heard first and made to explain before being penalized or made to suffer for a wrong done. It is for this reason that we frown on Duterte’s program of exterminating summarily the so-called “criminals.”

In law, there are two kinds of due process—one is substantive due process, and the other is procedural due process. There is substantive due  process when a law or ordinance is passed democratically and fairly, it is reasonable, and when there is consultation and consent by the public to be affected. Our Constitution and laws require that the people be consulted on matters affecting their lives and rights. I am not sure about this aspect, on whether the people have been consulted before the traffic rule or ordinance on clamping was passed. We can presume that, though.

Our main problem is with procedural due process, whether, before one is punished for parking illegally or before his vehicle is clamped, is he given a chance to explain his side. I believe procedural due process is absent.

When your vehicle is clamped, your only way out of it is to pay the fine of P1,500. Unless you pay the amount, you cannot drive your vehicle. Your liberty, dignity and selfespect, your movement,  right to travel, right to your property,   transport facility, your peace of mind are all paralyzed or taken away from you with finality. You cannot explain your side anymore. No hearing, no motion for reconsideration, no clarification, no appeal, no argumentation of any sort, no explanation is considered. The RTA employee or traffic aide becomes the complainant, investigating authority, witness, arresting officer or police, prosecutor, judge,  executioner and sheriff—all rolled into one!

Now, there are instances when  parking becomes unavoidable, or may be justified by necessity, or lack of knowledge or signs, or when caused by accident. For example, you urgently need to buy a medicine for a patient in danger of dying or seriously ill, and no other parking space is available. Or you have been circling around looking for a parking space and your kidneys are about to explode and you need to park immediately. Or, your vehicle just conked out  for lack of gasoline. Or, you have to get a disabled or sick individual nearby, or you are disabled yourself or suffering from an ailment and need to park immediately. Or, the yellow “no parking” mark on the road has faded and longer visible, or you are a newcomer to this place and don’t know anything about the rules. In such instances, you should not be clamped and punished with finality. Your side should be heard first before your vehicle is clamped.

Parking has been made difficult by the strict enforcement by the Moreno regime of the traffic ordinance passed during the Emano administration, which allegedly disallows parking on one side of road at Divisoria, Velez and nearby streets.

Considering the need for parking space and traffic congestion in the city, there is clearly no rhyme nor reason for this no parking rule since some of these roads are very wide and one way roads.  They are even hardly used for loading and unloading purposes, as everybody can observe. What happens is that during rush hours, vehicles keep moving around the city streets for four, five, or six times, circling around, looking for parking space—adding to the congestion. Those who have already parked, would not even leave their space to give way to others for fear that they would have no more parking space when they come back—also adding to the congestion. People are then forced to park at Ayala’s Centrio and other malls nearby, making the mall owners happy. (Of course, we know that Mayor Oscar Moreno was once a top executive and legal counsel of Ayala.)

We are presently having a campaign for the signing of a petition to liberalize the ordinance or law regarding parking and clamping of vehicles, to be filed with the city council soon. Many lawyers have already signed. We are asking the public to support this campaign.

(Mariano B. Carrasco is a lawyer based in Cagayan de Oro.)