Legal and humanitarian issues

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V ehicles, mostly motorcycles, private cars, taxi units and public utility jeepneys have been impounded during the first two days in the implementation of the counter-flow order. When interviewed by reporters, some violators claimed they did not know of the executive order issued by the mayor. Others say they were in a hurry. Well, as the saying goes, “ignorance of the law excuses no one>”

Again, I am for the strict implementation of the law against counter-flowing as I am a frequent victim. But what is lamentable is the “harsh penalty” of impounding the vehicle for 30 days. Why include the vehicle when only the abusive driver committed the violation?

Even the transportation and traffic code does not impound. What I know is that government agencies that has jurisdiction over land transportation matters can only impound a vehicle if the vehicle itself committed violations, like lack of registration, operating as a public conveyance without franchise, etc.

I solicited the opinions of some lawyers before writing this column and they all agreed that owners of the impounded vehicles can go to court through replevin. Replevin, also known as “claim and delivery,” is an action to recover personal property that was wrongfully taken or detained.

Well, these are only opinions and only the court can grant the petition of the owners of the impounded vehicles. The implementation itself of this executive order is somewhat questionable. It did not even define what is counter-flow. Vice Mayor Edgardo Labella, who is a lawyer, says EO 034 as not in accordance with the law or ordinance. He also asked the mayor to clearly define the term “counter-flow.”