Lawmaker wants compensation for wrongly-apprehended motorists

In a bid to protect motorists against erring enforcers and improper apprehensions, a first-term lawmaker proposed a measure that would provide proper compensation to would-be victims.

1-Rider Partylist Representative Bonifacio Bosita filed House Bill (HB) 3366, which aims to “reasonably compensate, at least financially, the incidental expenses incurred, and damages suffered by the drivers of improper apprehension while providing the guidelines for establishing the same.”

HB 3366 — to be known as “Fair Traffic Apprehension Act” when approved into law — “proposes to create a drivers’ compensation fund which shall be sourced from the collection of fines and penalties for all kinds of traffic violations and impose administrative sanctions to the erring apprehending officer.”

In his explanatory note, Bosita noted that “improper traffic apprehension may be attributed to the existing ticketing quota system, percentage on fines and penalties (10-20 percent) being given by some of the local government units to its traffic enforcers and deputized enforcers, or simply the lack of necessary knowledge by some enforcers in the implementation of traffic laws, rules or regulations, or by intent for personal gains.”

Bosita said that a driver of a motor vehicle could contest the charges and can have the violation canceled. However, the victims “who are oftentimes on a ‘no-work, no-pay’ policy, have to take a leave of absence from work to contest the improper apprehension.”

Despite a favorable resolution, those who have been improperly apprehended lose a part of their income that is usually higher than the imposable fine or penalty.

Per the proposed measure, wrongly-arrested motorists are given 60 days to contest the violation. The apprehending officer, on the other hand, must present the burden of proof and substantiate before the traffic adjudication board that the apprehended driver has indeed committed a traffic violation through the presentation of evidence, apart from the testimony.

Should the traffic enforcer fail to prove the traffic violation, the driver in question will be entitled to compensation.

As for the amount, HB 3366 says that “the amount of compensation shall include the incidental expenses incurred, moral damages suffered by the driver, and rate of wage.” Employed drivers can receive compensation that is “equivalent to the amount of daily wage multiplied by the number of times the driver took leave of absence from work to contest the improper apprehension.”

In this case, the driver “must present a certificate of compensation as proof of the driver’s employment and daily wage.”

Those who are unemployed or self-employed will receive compensation “equivalent to the prevailing minimum wage in the locality where the driver was apprehended multiplied by the number of times the driver appeared before the traffic adjudication board to contest the improper apprehension.” Should this be the case, the driver must present a barangay certification or other documents as proof that the driver he or she unemployed, self-employed, or with business.

If the improper apprehension results to the impounding of the driver’s vehicle, the driver will get additional compensation. In addition, the traffic enforcement agency will also pay for the expenses incurred for towing the vehicle, including “the impound fee, if any, and the cost of damage to, or missing parts of, the motor vehicle if any, that ensued during the impounding.”

As for the enforcers who have been proved to improperly apprehend a motorist, an administrative case under existing civil service laws, rules, and regulations shall be filed.

Earlier, Bosita has been involved in a scuffle with Metro Manila Development Authority’s (MMDA) Bong Nebrija due to the former’s alleged interference in an with one of the agency’s enforcers in February 27 last year.

The aforementioned incident — which went viral on various social media platforms — involved an MMDA traffic enforcer filing a ticket against a couple riding on a motorcycle. The rider’s passenger was not wearing shoes and was issued a citation ticket for not following the dress code.

In a video posted over Bosita's Youtube channel (Colonel Bosita RSAP), the RSAP founder was seen lecturing an MMDA officer. You can check it out here.

Prior to the confrontation, Bosita contacted a personnel from the MMDA Metrobase, to confirm and validate the grounds for the issuance of the citation ticket. 

Photos from 1-Rider Partylist's official Facebook page and Ruben D. Manahan IV

Also read: 

Motorcycle owners might soon be required to join LTO-accredited riders club

Pangasinan lawmaker wants stricter penalties for criminal negligence involving motor vehicles