Saturday, 19 May 2012 12:46
It is ridiculous to know that a certain Zamboanga City council member is appreciating the so called political will of barangay officials that passed a resolution prohibiting the use of a full-faced helment in their barangay otherwise, they will be shot. This was aired over a local radio station at 7:30 a.m., May 8, 2012.
Is the city councilor concerned promoting the law of the jungle by allowing such act in a highly urbanized city???
On the contrary the legislative body must set a good example by adhering to the rule of law in a civilized society.
Some local legislators are blaming the “helmet Act” for the senseless killings in Zamboanga City and other heinous crimes as the full-faced helmet covers the face of the riders to protect them in case of accident.
Do we have to blame one law for our failure to enforce another law effectively? With or without a helmet a criminal will commit murder if he has a firearm and has the opportunity to commit it if he has the intention to commit a crime.
Let us not make excuses and alibis for the failure of local officials and law enforcers to enforce the firearm law or gun ban.
The helmet act is a national law and cannot be superseded by passing a local ordinance and proposing for its amendment is tantamount to ignorance of the law.
Instead of fighting the problem with an ignoramus solution the city council must formulate a crime prevention plan attuned to the prevailing peace and order situation in Zamboanga City.
To amend the national law if in the first place you know already that this is unlawful and later to give burden to anybody who is aggrieved to go to court and question its unconstitutionality is another stupidity.
The more than 3 hours city council session and dialogue with different law enforcement agencies on May 9, 2012 disputing the use of a full-faced helmet as provided by law was an exercise in futulity.
The City Legal Officer single-handedly stood his ground from intense pressures to discontinue the use of a full-faced helmet equivalent to gallantry in action against a superior enemy forces by indicating that what is legal cannot be applied illegally.
With all due respect one does not need to be a lawyer or a lawmaker to know that a national law cannot be amended by a local ordinance because this is very elementary.
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