Driver jailed over ‘no-entry’ sign
Citom official says decision must serve as reminder that traffic signs should be respected
The Municipal Trial Court in Cities Branch 5 found Jesus Sindo Cabaron “guilty beyond reasonable doubt” of disobeying a no-entry sign along F. Llamas St. in the morning of March 5, 2012
THE court ordered a driver in Cebu City jailed for six months for violating traffic laws.
The Municipal Trial Court in Cities (MTCC) Branch 5 found Jesus Sindo Cabaron “guilty beyond reasonable doubt” of disobeying a no-entry sign along F. Llamas St. in the morning of March 5, 2012.
In his four-page decision in the criminal case filed by the City Traffic Operations Management (Citom) against Cabaron, Judge Oscar Andrino said the driver violated Article VI, Section 1 of the Cebu City Traffic Code.
It says a driver must obey traffic signs in the city’s streets.
Cabaron’s violation is covered by a citation ticket issued by traffic enforcer Joel Labaya.
During the arraignment of the case in Jan. 31 last year, the judge said Cabaron, through his legal counsel, entered a not guilty plea on the case filed against him by Citom.
Last Feb. 19, Cabaron filed a motion to dismiss on the ground that the the case was not filed in the MTCC by Cebu City Prosecutor Nicolas Sellon within the two-month prescribed period.
The prosecutor’s office, the one who signs the cases filed by Citom against erring drivers, filed the case in the MTCC on Oct. 17, 2012, or seven months after Cabaron committed the violation. Prescribed period Last April 29, Citom filed a “vehement opposition” against the motion to dismiss, saying their move to file a complaint against Cabaron before the prosecutor’s office dated May 4, 2012 already stopped the running of the two-month prescribed period.
Andrino agreed with Citom and denied the motion to dismiss.
Last June 25, the judge called Cabaron to appear for a hearing, but he was absent, as in all the subsequent hearings.
Andrino then said the facts against Cabaron for committing a traffic violation are “undisputed.”
“All told, the court finds the evidence of the prosecution as sufficiently strong and convincing as to establish the guilt of the accused beyond reasonable doubt and to hold him liable for the offense charged,” he said.
In an interview yesterday, Citom executive director Rafael Yap said their office is now looking for Cabaron, who has a pending traffic fine of P64,000.
Welcome He said the decision of the court is a welcome development.
“We are very happy to see that the court found the accused guilty. We are urging the public, particularly, the public transport operators and drivers, not to take the citation ticket lightly. Citation ticket will lead to filing of a case. We already have concrete example that the wheels of justice is moving as far as traffic violations are con- cerned,” he said.
Asked if Cabaron will still have to pay his pending obligations, Yap said they will follow the decision of the court.
Yap then asked those who have traffic violations to visit their office and settle their obligations with Citom.