
Last September 6, 2008, a member of Suzuki Tachometrics Club was apprehended by LTO traffic enforcers along J.P. Laurel St. for allegedly sporting a cut muffler in his Suzuki Raider 150. He, however, argued that his muffler (an after market BDS pipes) is neither cut nor disconnected as alleged by the enforcer. However, the LTO enforcer still issued him a ticket and indicated that his violation was for having a cut muffler, which is in violation of RA 4136. Being a good citizen, this rider surrendered his license, thinking he would contest his apprehension. After which, text messages were sent and passed to different motorcycle clubs about the apprehension.
When I received the text message, I immediately called Kenneth Lu, the rider who was apprehended, and asked if he needed legal advice as I have a brother who is a lawyer and he said ‘yes’. A meeting was immediately arranged between Kenneth, Atty. David Sunga (who also rides off-road with his XR200) and me to discuss the merits of the case and legal procedures to follow in contesting the apprehension.
Kenneth immediately went to the LTO office to officially signify his intention to contest the apprehension and immediately the LTO gave him a notice of hearing scheduled on September 8, 2008 at the LTO office. After receiving this information from Kenneth, I immediately texted the different officers of the motorcycle clubs about the hearing and asked for their support.
True enough, on the hearing date ,at least 30 riders from the different clubs converged at ‘D shop’ to escort us to the LTO. When we reached the office of the Hearing Officer (which we later found out was Eleanor Senal Calderon, Chief, Operation Division), we were told that only Kenneth, Atty. Sunga, Mrs. Calderon and the apprehending officer, a certain Mr. Charlie Magne D. Manila, were to be allowed inside during the hearing. To the Riders' dismay, we were forced to sit outside of the office to wait for the outcome result of the hearing.
After approximately 25 minutes, Atty. Sunga and Kenneth emerged from the office and Atty. Sunga told the group that after so much discussion during the hearing, Mrs. Calderon told them that she would base her decision on the findings and report of her technical staff that was to examine and inspect Kenneth’s motorcycle. Kenneth was to bring his motorcycle to their vehicle inspection office in front of SM Davao for inspection and scrutiny by the LTO experts. The Riders immediately jumped on their motorcycles and eagerly escorted Kenneth towards the LTO inspection area.
After thorough scrutiny and inspection of the LTO experts of Kenneth’s motorcycle, a report duly signed by one Mr. De Guzman was to be forwarded to Mrs. Calderon. The inspection report stated that:
1. Unit was inspected and “muffler” is not cut or disconnected.
2. Muffler emits louder sound than the usual ordinary MC.
We could not help but express in elation after reading the report. High fives were exchanged between riders as a sign of victory. After all, Kenneth was cited as having a cut muffler and the motorcycle he was riding was not reported as noisy or even emitting disagreeable and unnecessary noise. By saying that something ‘emits louder sound’, it does not immediately follow that it is noisy, much that it is “disagreeable” and that the noise is unnecessary.
The law that the LTO used in citing Kenneth is RA 4136 Section 34J and reads:
(j) Mufflers. - Every motor vehicle propelled by an internal combustion engine shall be equipped with a muffler, and whenever said motor vehicle passes through a street of any city, municipality, or thickly populated district or barrio, the muffler shall not be cut out or disconnected. No motor vehicle shall be operated in such a manner as to cause it to emit or make any unnecessary or disagreeable odor, smoke or noise.
This is exactly why we wrote in a letter dated August 28, 2008 addressed to Atty. Gomer Dy, LTO Regional Director, asking for clarification on this problem of loudness. We asked:
How loud is loud? Please cite the law to this effect. Does LTO have a device to gauge or measure the pipe’s loudness?
Is a noise-free motorcycle safer on highways? Most electric motorcycles do not make much engine sound such that manufacturers have to install speakers and other gadgets to produce sound to warn pedestrians and other motorists of the oncoming motorcycle.
The loudness of a sound is very subjective. What may be loud to you may not be loud to some. What may be unnecessary to you may not be for some.
Atty. Dy during our September 3, 2008 meeting/dialogue, where Mrs. Calderon was in attendance, together with the officers of the different motorcycle clubs in the city, admitted that the LTO does not have a decibel meter, a device that measures loudness. He added that the LTO will not apprehend so as long as the vehicle has a muffler. But, they will apprehend if vehicle has no muffler at all.
And so we eagerly went back to the office of Mrs. Calderon and handed her the Inspector’s Reports which we thought all along was favorable. Mrs. Calderon said that she will render her decision and advised Kenneth to wait outside with us.
We were all happy that we could at last retrieve Kenneth’s license without paying a single cent to LTO and celebrate our victory. Unfortunately, to our dismay, after waiting for more than two hours for her decision, Mrs. Calderon sustained the validity of the apprehension despite Inspector’s Report which said that the muffler was not cut. Mrs. Calderon chose to protect an LTO employee despite the LTO Director’s admission that they do not have a device to measure loudness. Mrs. Calderon sustained the validity of the apprehension even if the Regional Director had said that motorcycles with mufflers would not be apprehended.
Given the facts, the action of the LTO to sustain Kenneth’s apprehension Kenneth is clearly malicious, self serving and devoid of fairness. The LTO also gravely abused its authority by its actions. This, however, has not dampened our spirit but has even boosted our fervor to carry on and seek justice. We shall furnish DOJ, the Office of the Ombudsman and the Mayor copies the pertinent documents of the case, as LTO clearly violated the provisions on RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act.
We will continue the fight and prevail.
DANIEL J. SUNGA
President
Davao Agila Riders