Comments on: MCPF Statement on SC Ruling http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/ Motorcycle News, Articles and Forum Wed, 06 Jan 2010 10:43:35 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Samnone http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-927 Samnone Tue, 27 Jun 2006 02:26:36 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-927 From www.supremecourt.gov.ph Court News Flash June 2006 SC Upholds Ban on Motorcycles, Non-Motorized Vehicles on Tollways Posted: June 16, 2006 By Genevieve B. Zuñiga THE Supreme Court has declared constitutional Administrative Order 1 (AO 1), issued by the then Department of Public Works and Communications on February 19, 1968, that bans the use of bicycles, tricycles, pedicabs, motorcycles, or any non-motorized vehicle on limited access highways. The Court explained that the toll way is not an ordinary road, as such there is a special purpose for it’s construction which “necessitates the imposition of guidelines in the manner of its use and operation.” In a 24-page decision penned by Justice Antonio T. Carpio, the Court found that the rules under AO 1 were neither unreasonable nor oppressive. It explained that AO 1 does not infringe upon petitioner’s right to travel as it merely bars motorcycles, bicycles, tricycles, pedicabs, and any non-motorized vehicles as the mode of travelling along limited access highways. The Court said, “The right to travel does not mean the right to choose any vehicle in traversing a toll way. The right to travel refers to the right to move from one place to another. Petitioners can traverse the toll way any time they choose using private or public four-wheeled vehicles. Petitioners are not denied the right to move from Point A to Point B along the toll way. Petitioners are free to access the toll way, much as the rest of the public can. The mode by which petitioners wish to travel pertains to the manner of using the toll way, a subject that can be validly limited by regulation.” On the other hand, the Court declared unconstitutional and in violation of the Limited Access Highway Act (RA 2000) Department Orders 74 and 215 released by the Department of Public Works and Highways (DPWH) as well as the Revised Rules and Regulations on Limited Access Facilities of the Toll Regulatory Board (TRB) Department Orders 74 and 215 dated April 5, 1993, and June 25, 1998 respectively, declared the North and South Luzon (DO 74), and the Manila-Cavite Toll Expressways (DO 215) as limited access facilities. The Court explained that at the time DPWH issued these orders, it no longer had authority to regulate activities related to transportation. In contrast, AO 1 was issued in 1968, by the then Department of Public Works and Communications that had the authority to regulate limited access facilities. Likewise, the Court upheld the decision of the Makati City Regional Trial Court, Branch 147 declaring DO 123, which limits access to the above expressways to only 400cc motorcycles, as unconstitutional for want of authority of the DPWH to promulgate it. Concurring were Chief Justice Artemio V. Panganiban, Senior Associate Justice Reynato S. Puno, Justices Leonardo A. Quisumbing, Angelina Sandoval-Gutierrez, Ma. Alicia Austria-Martinez, Renato C. Corona, Conchita Carpio Morales, Romeo J. Callejo, Sr., and Presbitero J. Velasco, Jr. Justices Adolfo S. Azcuna, Dante O. Tinga, Minita V. Chico-Nazario, and Cancio C. Garcia dissented. Justice Consuelo Ynares-Santiago was on leave. (GR No. 158793, James Mirasol, Richard Santiago, and Luzon Motorcyclists Federation, Inc. v. Department of Public Works and Highways and Toll Regulatory Board, June 8, 2006) This site is maintained and updated by the SC Public Information Office - i think all motorcycles are now banned from using either tollways, unless DOTC releases an order that MC can use either tollways. SC only declared null and void DPWH orders because they are not anymor the right agency to do so, it only means that the AO1 is in effect. they also have an understanding that tollways are not an ordinary road and is understood that they are limited access thus banning all vehicles without 4 wheels. bottomline....our MC are banned from tollways until DOTC declares otherwise. Both tollways are not apprehending MC now because they are still waiting for a 15 days from the order of the supreme court. I hope DOTC will release some orders soon. From http://www.supremecourt.gov.ph

Court News Flash June 2006

SC Upholds Ban on Motorcycles, Non-Motorized Vehicles on Tollways

Posted: June 16, 2006
By Genevieve B. Zuñiga

THE Supreme Court has declared constitutional Administrative Order 1 (AO 1), issued by the then Department of Public Works and Communications on February 19, 1968, that bans the use of bicycles, tricycles, pedicabs, motorcycles, or any non-motorized vehicle on limited access highways. The Court explained that the toll way is not an ordinary road, as such there is a special purpose for it’s construction which “necessitates the imposition of guidelines in the manner of its use and operation.”

In a 24-page decision penned by Justice Antonio T. Carpio, the Court found that the rules under AO 1 were neither unreasonable nor oppressive. It explained that AO 1 does not infringe upon petitioner’s right to travel as it merely bars motorcycles, bicycles, tricycles, pedicabs, and any non-motorized vehicles as the mode of travelling along limited access highways.

The Court said, “The right to travel does not mean the right to choose any vehicle in traversing a toll way. The right to travel refers to the right to move from one place to another. Petitioners can traverse the toll way any time they choose using private or public four-wheeled vehicles. Petitioners are not denied the right to move from Point A to Point B along the toll way. Petitioners are free to access the toll way, much as the rest of the public can. The mode by which petitioners wish to travel pertains to the manner of using the toll way, a subject that can be validly limited by regulation.”

On the other hand, the Court declared unconstitutional and in violation of the Limited Access Highway Act (RA 2000) Department Orders 74 and 215 released by the Department of Public Works and Highways (DPWH) as well as the Revised Rules and Regulations on Limited Access Facilities of the Toll Regulatory Board (TRB)

Department Orders 74 and 215 dated April 5, 1993, and June 25, 1998 respectively, declared the North and South Luzon (DO 74), and the Manila-Cavite Toll Expressways (DO 215) as limited access facilities. The Court explained that at the time DPWH issued these orders, it no longer had authority to regulate activities related to transportation. In contrast, AO 1 was issued in 1968, by the then Department of Public Works and Communications that had the authority to regulate limited access facilities.

Likewise, the Court upheld the decision of the Makati City Regional Trial Court, Branch 147 declaring DO 123, which limits access to the above expressways to only 400cc motorcycles, as unconstitutional for want of authority of the DPWH to promulgate it.

Concurring were Chief Justice Artemio V. Panganiban, Senior Associate Justice Reynato S. Puno, Justices Leonardo A. Quisumbing, Angelina Sandoval-Gutierrez, Ma. Alicia Austria-Martinez, Renato C. Corona, Conchita Carpio Morales, Romeo J. Callejo, Sr., and Presbitero J. Velasco, Jr. Justices Adolfo S. Azcuna, Dante O. Tinga, Minita V. Chico-Nazario, and Cancio C. Garcia dissented. Justice Consuelo Ynares-Santiago was on leave. (GR No. 158793, James Mirasol, Richard Santiago, and Luzon Motorcyclists Federation, Inc. v. Department of Public Works and Highways and Toll Regulatory Board, June 8, 2006)

This site is maintained and updated by the SC Public Information Office

- i think all motorcycles are now banned from using either tollways, unless DOTC releases an order that MC can use either tollways.
SC only declared null and void DPWH orders because they are not anymor the right agency to do so, it only means that the AO1 is in effect. they also have an understanding that tollways are not an ordinary road and is understood that they are limited access thus banning all vehicles without 4 wheels. bottomline….our MC are banned from tollways until DOTC declares otherwise.
Both tollways are not apprehending MC now because they are still waiting for a 15 days from the order of the supreme court.

I hope DOTC will release some orders soon.

]]> By: Cjmanalo http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-925 Cjmanalo Tue, 27 Jun 2006 01:35:46 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-925 last saturday morning i passed by the c5 tollgate after some sports bike riders passed by. while i was waiting for my toll receipt, a pncc officer approached me. i thought he was going to apprehend me...but instead he talked to me and said..."sir malapit na ah, malapit na i-ban ang motor sa expressway. baka sa july 9 bawal na. pinangunahan ko lang po sir, sinabihan ko na rin yung ibang kasama ninyo..." i was alone actually, then i saw that sports bike group having a meeting at the shoulder. im so confused. i thought we already won? what happened? please shed some light on this issue.... last saturday morning i passed by the c5 tollgate after some sports bike riders passed by. while i was waiting for my toll receipt, a pncc officer approached me. i thought he was going to apprehend me…but instead he talked to me and said…”sir malapit na ah, malapit na i-ban ang motor sa expressway. baka sa july 9 bawal na. pinangunahan ko lang po sir, sinabihan ko na rin yung ibang kasama ninyo…” i was alone actually, then i saw that sports bike group having a meeting at the shoulder. im so confused. i thought we already won? what happened? please shed some light on this issue….

]]> By: bajinno http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-907 bajinno Mon, 26 Jun 2006 04:21:53 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-907 When the powers that be finally make it clear regarding the tollways, let us all go for a mass ride. Biggies, 'bones, scoots, etc. caribou are welcome :) ..just don't park on both sides! He he When the powers that be finally make it clear regarding the tollways, let us all go for a mass ride. Biggies, ‘bones, scoots, etc. caribou are welcome :)

..just don’t park on both sides! He he

]]> By: ramon http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-906 ramon Mon, 26 Jun 2006 04:12:10 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-906 nice one mashimaro! i like the idea of helping fellow bikers when possible. guiding those that need it so we all can benefit better. nice one mashimaro! i like the idea of helping fellow bikers when possible. guiding those that need it so we all can benefit better.

]]> By: gnokid http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-903 gnokid Mon, 26 Jun 2006 01:46:27 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-903 RIDERS... LET US ALL UNITE!!! LET US SUPPORT OUR FELLOW RIDERS WHO HAVE BRAINS, DISCIPLINED RIDERS, SAFE RIDERS, HAS THE APPROPRIATE BIKE [BIG BIKE, BIGGER BIKE, OR BE IT THE BIGGEST TWO WHEELED MOTORIZED VEHICLE]. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ WAG NA NATING DUNGISAN ANG NASIMULAN NA PARA HINDI NA MAWALA ANG RIGHTS [ALL RIDERS?] SA EXPRESSWAYS =) HOORAY TO ALL RIDERS! may sign kang makikita sa kalye... NO PARKING ON BOTH SIDES. truly you cant! you cant park on both side, you can park on one side onlydito sa forum nakikita which side you are. hindi mo mahahalata ang pagiging biased mo, but others will clearly notice... ang side ko, kung sa ibang bansa [UK]pinayagan 50cc up, sa thailand daw ok smaller bikes( which i belive ay mga underbones), baka pwede na i-adopt ng Pilipinas. pero still kung ano ang ibabagsak ng authority dun ako magpapasakop. =) RIDERS… LET US ALL UNITE!!!

LET US SUPPORT OUR FELLOW RIDERS WHO HAVE BRAINS, DISCIPLINED RIDERS, SAFE RIDERS, HAS THE APPROPRIATE BIKE [BIG BIKE, BIGGER BIKE, OR BE IT THE BIGGEST TWO WHEELED MOTORIZED VEHICLE].
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
WAG NA NATING DUNGISAN ANG NASIMULAN NA PARA HINDI NA MAWALA ANG RIGHTS [ALL RIDERS?] SA EXPRESSWAYS =) HOORAY TO ALL RIDERS!

may sign kang makikita sa kalye… NO PARKING ON BOTH SIDES. truly you cant! you cant park on both side, you can park on one side onlydito sa forum nakikita which side you are. hindi mo mahahalata ang pagiging biased mo, but others will clearly notice…

ang side ko, kung sa ibang bansa [UK]pinayagan 50cc up, sa thailand daw ok smaller bikes( which i belive ay mga underbones), baka pwede na i-adopt ng Pilipinas. pero still kung ano ang ibabagsak ng authority dun ako magpapasakop. =)

]]> By: netscorpion http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-901 netscorpion Sun, 25 Jun 2006 22:00:55 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-901 Well, i have a raider150 back there in PI, and everybody knows theres no problem going 130kph on it. The thing is, you go paperweight on that speed. i also have a Yamaha R6 here in Cali, and at 130kph it also becomes less heavy. They both have braking power in regards/accordance to their specifications. 600cc's needs a lot of braking bcoz it's heavier than of a 150cc. Simple huh? i think not! there are lots and lots to be considered. Here are some few... Speed, velocity, gravity, mass, traction, wind resistance, handling, road condition, temperature, traffic, distance, etc... but we always forget this, "environment"! Do you get this? We should not neglect the things that sorround us! Specially on the expressway. Remember, there are semi's, cars, suv's, and even jeepneys. Well, most people doesn't even bother to look at the manual before hitting the road with his new ride (whatever his ride is), so, who cares about whatever is there? Lets just take the expressway. All we have to do is punch a 100 in the speedmeter anyway. Huh? was that right? This thing requires more brains than of "i can" and "i'm not scared" or satisfaction thing. Think.... it's not about displacements or speeds you can handle or how good you are on a bike. Cage drivers wont feel you being clipped by their fender at high speeds when you're too light, maybe they'll just see you rolling like a tumbleweed or flying up and down the expressway when they look at their rear view mirror. Or they wont even see you at all when you end up under a dump truck... You see, it's your life on the line. Either way, it's still you who decides. Go ahead, play that inch a bus and dodge the semi game. I just wish you still live to tell me who won! (ok, i'm in! i love suicide attempts!) It's gonna be a whole lot of shame when you got your brains splattered all over the expressway getting ran over by other motorist again and again just because you didn't use it... We are supposed to live so we can ride. So before anything really bad happens, lets just stick to the calendar and wait. This matter should be well regulated and carefully studied for the benefit of all. That is, if our goverment has the ability to do so... i just hope their brains do work properly... i wish us luck and safety. And just like what bajjino said... "Most big bike owners are not elite, and most have NOTHING against sub4 riders." Well, i have a raider150 back there in PI, and everybody knows theres no problem going 130kph on it. The thing is, you go paperweight on that speed. i also have a Yamaha R6 here in Cali, and at 130kph it also becomes less heavy. They both have braking power in regards/accordance to their specifications. 600cc’s needs a lot of braking bcoz it’s heavier than of a 150cc. Simple huh? i think not! there are lots and lots to be considered. Here are some few… Speed, velocity, gravity, mass, traction, wind resistance, handling, road condition, temperature, traffic, distance, etc… but we always forget this, “environment”! Do you get this? We should not neglect the things that sorround us! Specially on the expressway. Remember, there are semi’s, cars, suv’s, and even jeepneys. Well, most people doesn’t even bother to look at the manual before hitting the road with his new ride (whatever his ride is), so, who cares about whatever is there? Lets just take the expressway. All we have to do is punch a 100 in the speedmeter anyway. Huh? was that right? This thing requires more brains than of “i can” and “i’m not scared” or satisfaction thing. Think…. it’s not about displacements or speeds you can handle or how good you are on a bike. Cage drivers wont feel you being clipped by their fender at high speeds when you’re too light, maybe they’ll just see you rolling like a tumbleweed or flying up and down the expressway when they look at their rear view mirror. Or they wont even see you at all when you end up under a dump truck…
You see, it’s your life on the line. Either way, it’s still you who decides. Go ahead, play that inch a bus and dodge the semi game. I just wish you still live to tell me who won! (ok, i’m in! i love suicide attempts!) It’s gonna be a whole lot of shame when you got your brains splattered all over the expressway getting ran over by other motorist again and again just because you didn’t use it… We are supposed to live so we can ride.
So before anything really bad happens, lets just stick to the calendar and wait. This matter should be well regulated and carefully studied for the benefit of all. That is, if our goverment has the ability to do so… i just hope their brains do work properly… i wish us luck and safety.

And just like what bajjino said…
“Most big bike owners are not elite, and most have NOTHING against sub4 riders.”

]]> By: bajinno http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-896 bajinno Sun, 25 Jun 2006 12:39:28 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-896 Rode through SLEX and NLEX over the week and there were no problems whatsoever, SNAFU pa din (as is the case here in our country) This situation shows that you can never please everyone. Can't help but agree and disagree with most of the posts here so hope you guys won't min if i stick my oar in and add a few tidbits. First, i agree that this has been blown way out of proportion. From talking about the ban to aspects of wind shear, c'mon guys maybe we're getting too ahead of ourselves. Why not just sit back and wait (since nothing has changed so far) til the final decision takes effect. Some people here may hate me for saying this but i also agree in not allowing all types of bikes along the tollways. Im not saying what minimum displacement should be allowed or what but i guess you riders out there can figure this out. Imagine you're an XRM rider traversing the northbound 2-lane portion of the NLEX after pulilan. Surely 100kph isn't a problem. Everything's peachy keen until this bus roars past you. Im sure most, if not all underbone riders have experienced this. Getting passed by a bus along EDSA is one thing, having one beside you on NLEX doing 130+kph is another. Nothing against my sub4 fellow riders and it is understandable that you ask to be given a chance to try the tollways, it is even a good idea to conduct a trial run minus the "pagbubuwis ng buhay"-thing the other guy said, if only to make you guys aware of the dangers involved riding along NLEX. I know matatapang kayo (lahat ng nagmo-motor matapang in some way) however, no amount of tapang and ka-astigan will shield a motorcycle from the fast buses on NLEX (and trucks pag gabi) who tend to swerve as if they were picantos. All of us are just concerned for the safety of everyone. Lastly dagdag na lang to , mejo useless so you can skip this part if you want. Most big bike owners are not elite, and most have NOTHING against sub4 riders. And there really is a caribou, it wasn't spelled wrong. Ride with your head on :) Rode through SLEX and NLEX over the week and there were no problems whatsoever, SNAFU pa din (as is the case here in our country) This situation shows that you can never please everyone. Can’t help but agree and disagree with most of the posts here so hope you guys won’t min if i stick my oar in and add a few tidbits. First, i agree that this has been blown way out of proportion. From talking about the ban to aspects of wind shear, c’mon guys maybe we’re getting too ahead of ourselves. Why not just sit back and wait (since nothing has changed so far) til the final decision takes effect. Some people here may hate me for saying this but i also agree in not allowing all types of bikes along the tollways. Im not saying what minimum displacement should be allowed or what but i guess you riders out there can figure this out. Imagine you’re an XRM rider traversing the northbound 2-lane portion of the NLEX after pulilan. Surely 100kph isn’t a problem. Everything’s peachy keen until this bus roars past you. Im sure most, if not all underbone riders have experienced this. Getting passed by a bus along EDSA is one thing, having one beside you on NLEX doing 130+kph is another. Nothing against my sub4 fellow riders and it is understandable that you ask to be given a chance to try the tollways, it is even a good idea to conduct a trial run minus the “pagbubuwis ng buhay”-thing the other guy said, if only to make you guys aware of the dangers involved riding along NLEX. I know matatapang kayo (lahat ng nagmo-motor matapang in some way) however, no amount of tapang and ka-astigan will shield a motorcycle from the fast buses on NLEX (and trucks pag gabi) who tend to swerve as if they were picantos. All of us are just concerned for the safety of everyone.
Lastly dagdag na lang to , mejo useless so you can skip this part if you want.
Most big bike owners are not elite, and most have NOTHING against sub4 riders.
And there really is a caribou, it wasn’t spelled wrong.

Ride with your head on :)

]]> By: donross http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-895 donross Sun, 25 Jun 2006 11:27:22 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-895 My ZS200 is a sub400 but it's nearly as heavy as a 400, resists wind shear better than my Multicab and has 2 mirrors which I use. There is always a danger when riding whether it's a motorcyle or a car. Afterall not all cars have side beams or air bags. The reckless wind up 6 feet deep, SLEX or side road. My ZS200 is a sub400 but it’s nearly as heavy as a 400, resists wind shear better than my Multicab and has 2 mirrors which I use. There is always a danger when riding whether it’s a motorcyle or a car. Afterall not all cars have side beams or air bags. The reckless wind up 6 feet deep, SLEX or side road.

]]> By: otnitankabe http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-887 otnitankabe Sat, 24 Jun 2006 16:24:20 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-887 I don't like the proposal of having a sub 400cc enter SLEX. Some MC tend overtake w/o hesitation and frankly i can't see them on my side mirror cause they're so small. Some riders doesn't have side mirrors & most of them (i believe) doesn't even have a license. That's why PNCC limit sub 400cc from entering SLEX (which btw include xrm/wave/raider). A 400cc MC are capable of resisting side sheer/crosswind because of the weight itself. Brakes of a 400cc are powerful enough to stop just like any 1300cc car. If deregulated, then "death" (cartoon character) would be delighted stealing souls from a running coffin. More "troubling" when a MC were to hit by a running car. Unlike cars that has airbags, side beam, seat belt, large chasis etc; motorcycles doesn't have any of those. Jacket & helmet might help but i'll guarantee you that he'll gonna stay in a hospital for quite a while. "Yes you're right that car/bus/jeepney drivers are reckless too but whose the biggest loser?" I don’t like the proposal of having a sub 400cc enter SLEX. Some MC tend overtake w/o hesitation and frankly i can’t see them on my side mirror cause they’re so small. Some riders doesn’t have side mirrors & most of them (i believe) doesn’t even have a license.

That’s why PNCC limit sub 400cc from entering SLEX (which btw include xrm/wave/raider). A 400cc MC are capable of resisting side sheer/crosswind because of the weight itself. Brakes of a 400cc are powerful enough to stop just like any 1300cc car. If deregulated, then “death” (cartoon character) would be delighted stealing souls from a running coffin.

More “troubling” when a MC were to hit by a running car. Unlike cars that has airbags, side beam, seat belt, large chasis etc; motorcycles doesn’t have any of those. Jacket & helmet might help but i’ll guarantee you that he’ll gonna stay in a hospital for quite a while.

“Yes you’re right that car/bus/jeepney drivers are reckless too but whose the biggest loser?”

]]> By: bullster http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/comment-page-2/#comment-883 bullster Sat, 24 Jun 2006 15:22:12 +0000 http://www.motorcyclephilippines.com/announcements/mcpf-statement-of-sc-ruling/#comment-883 this is actually a statement for everyone passing these roads to be ever vigilant in being responsible motorists. Any deviation from such would only justify the previous ruling. Ride safe. Ride responsibly. this is actually a statement for everyone passing these roads to be ever vigilant in being responsible motorists. Any deviation from such would only justify the previous ruling. Ride safe. Ride responsibly.

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