Garage as a prerequisite to car ownership: Individual rights vs public order
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EDITORIAL: Garage as a prerequisite to car ownership: Individual rights vs public order

in Editorial/News/Opinion/Tabloid PH News

Two bills seeking to regulate the sale of motor vehicles—by requiring buyers to show unassailable proofs of ready garage or parking space—are now undergoing committee deliberations at the Senate.

Senate Bill (SB) 368 authored by Sen. Sherwin Gatchalian and SB 679 authored by Sen. Bong Revilla are timely, with the road-clearing operations of the local government units and concerned state agencies already underway, as ordered by President Duterte.

Already, streets in the metropolis have been rid of mobile and ambulant obstructions, including parked vehicles, which eased the flow of vehicles and people. 

However, as what Filipinos have become accustomed to, concerns were raised over the sustainability of this campaign—with the government’s resolve feared to eventually give in to ningas kugon (fiery at start only die down easily) again. And don’t forget, hard-headed Filipinos would always try to sneak in and test implementation if it would really be round-the-clock.

This is why we believe that in a way, the bills of Revilla and Gatchalian will greatly contribute to institutionalizing the campaign of keeping the streets free of obstructions.

Gatchalian’s SB 368, which covers Metro Manila only, adds as a requirement to vehicle registration a duly notarized affidavit attesting to the availability of a permanent or leased parking space or facility specifically intended for the vehicle to be purchased.

Revilla’s SB 679 expanded the coverage to other traffic-prone areas, such Angeles, Bacolod, Baguio, Cagayan de Oro, Cebu, Dagupan, Davao, Iloilo, Naga and Olongapo.

But during the Senate hearing last October 8, Senator Aquilino Pimentel III already raised possible constitutionality issues that these bills might encounter, particularly the right to ownership and discrimination. “I would like to invite the lawyers’ association to look into the constitutional angle of this, if this is discriminatory or not,” he said. “From the very start, we are disqualifying a certain segment of society from owning motor vehicles.” 

So now, it boils down to this: individual rights versus public order and safety. 

Pimentel is probably worried that even if the bills are passed into law, their implementation would only be stopped once some groups have questioned its constitutionality before the Supreme Court, thus, putting the time and efforts of the lawmakers, as well as public funds, to waste.

Supreme Courts in different countries have had varied decisions when justices were faced with the task of weighing public order and safety versus individual rights.

In the United States, for example, the court has ruled in favor of protecting individual’s right to own guns against laws that sought to curtail it.

What happens now? 

We share the concern of Sen. Pimentel—we don’t want a law with good intentions to just go down the drain because of technicality or constitutionality issues. The lawmakers should do their homework. Consult all stakeholders, especially legal luminaries.

It’s easy to always side with the common good, or the public’s sake. But individuals have their rights too. 

Offhand, we can see some balancing acts happening; as the cliches goes: win-win solutions.

This is the beauty—or undoing—of a democratic society. 

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