Sara questions dad's EO

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Wednesday, February 26, 2014

DAVAO CITY -- Former mayor Sara Duterte-Carpio said Mayor Rodrigo Duterte's Executive Order (EO) No. 39, which provides the implementation of speed limit in the city, is "inconsequential" because it contradicts with the provisions of a national law.

"I decided to write about my experience when of late I saw people marking the streets with speed limit numbers. What a waste of time and money, because no amount of markings, signs, warnings and tarpaulins can erase the fact that EO 39 is inconsequential since RA 4136 (Land Transportation and Traffic Code) already mandated uniform maximum allowable speeds throughout the country," Duterte-Carpio said in her post published online.

Duterte-Carpio cited Section 36 of the RA 4136 mandating that "No provincial, city or municipal authority shall enact or enforce any ordinance or resolution specifying maximum allowable speeds other than those provided in this Act (RA 4136)".


She said the EO 39, which provides speed limit of 30 kilometers per hour (kph), 40 kph, and 60 kph, has not included implementing the 20 kph on "crowded streets, approaching intersections at blind corners, passing school zones, passing other vehicles which are stationery, or for similar dangerous circumstances".

"And for my most important second point, the 20kph limit was completely obliterated by EO 39, my daughter goes to school in an area where the trucks run at a speed of 30kph instead of 20," she said.

Duterte-Carpio went on, "guess EO 39 do not think our children in school zones are important, or for that matter, following RA 4136."

She recalled the day when a traffic aide of the Traffic Management Center (TMC) charged her for " overspeeding" along Quimpo Boulevard on January 13.

"WHAT THE H?! crossed my mind when I saw the gun-toting traffic enforcer shooting at me in the morning of January 13. With my chin held high, so confident with the 50kph showing on my speedometer, my head was screaming at him, I don't care! shoot me, kill me! I got busted for over speeding at 57kph in a 40kph zone. I said sorry, I got confused," Duterte-Carpio wrote.

She added, "No one can understand the humiliation I had to go through when my simple traffic citation turned into a national issue. It was like the twilight zone of July 1, 2011. Some saying, let us never forget that this Sara Duterte punched a sheriff nightmare again for the nth time. Consequently, when all was said and done, I went back to the books and studied Executive Order 39 series of 2013 and the law cited therein, Section 35 of Republic Act 4136."

The RA 4136 provides the maximum allowable speed for all types of vehicle: 80 kph for passengers cars and motorcycle traversing on "open country roads, with no "blinds corners" not closely bordered by habitations", while 50 kph for motor trucks and buses.

On "through streets" or boulevards, clear of traffic, with no "blind corners," when so designated, the allowed maximum speed is 40 kph for cars and motorcycles, while 30 kph for trucks and buses.

Meanwhile, 30 kph is the maximum speed for all vehicles on "city and municipal streets, with light traffic, when not designated "through streets".

Lastly, the RA 4136 mandates all vehicle drivers to observe 20 kph speed limit "through crowded streets, approaching intersections at "blind corners," passing school zones, passing other vehicles which are stationery, or for similar dangerous circumstances".

The RA 4136 also provides a roster of circumstances in which the rates of speed set will not necessarily apply, such as when "a physician or his driver when the former responds to emergency calls; the driver of a hospital ambulance on the way to and from the place of accident or other emergency".

Also exempted are, "any driver bringing a wounded or sick person for emergency treatment to a hospital, clinic, or any other similar place; the driver of a motor vehicle belonging to the Armed Forces while in use for official purposes in times of riot, insurrection or invasion".

And when "the driver of a vehicle, when he or his passengers are in pursuit of a criminal; a law-enforcement officer who is trying to overtake a violator of traffic laws; and the driver officially operating a motor vehicle of any fire department, provided that exemption shall not be construed to allow unless or unnecessary fast driving of drivers aforementioned".

In Davao City, the EO aims to "obviate traffic accidents resulting from over speeding and reckless driving".

Rodrgio, Duterte-Carpio's father, through EO 39, mandated all drivers to observe a maximum speed of 60 kilometer per hour (kph) from Sirawan to Ulas Crossing, from Lasang to Panacan, from Calinan to Ulas Crossing, and from C.P Gracia Highway-McArthur Highway to Panacan.

For vehicles that traverse from Ulas to Generoso Bridge/Bolton Bridge, from Panacan Crossing to J.P Laurel Avenue-Alcantara, and from Ma-a Road Diversion to McArthur Highway, a maximum speed of 40 kph is mandated.

A maximum speed of 30 kph, meanwhile, is ordered from J.P Laurel Ave. Alcantara to Bolton/Generoso Bridge, from Buhangin Crossing-Milan to Bolton/Generoso Bridge, from C.P Garcia Highway-Bacaca Road to Bolton/Generoso Bridge, and from C.P Garcia Highway-Angliongto St. to Bolton/Generoso Bridge.

Published in the Sun.Star Davao newspaper on February 26, 2014.

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