LAWYERS for Commuters Safety and Protection expressed its opposition to the proposed ‘shame campaign’ of the Department of Transportation.
In an interview with DOTr Secretary Vince Dizon, it was revealed that the Land Transportation Office has been directed to study the legality of a scheme whereby the names of repeat or grave traffic violators would be posted and publicized, supposedly to deter motorists from committing further violations.
We, the LCSP, have serious reservations regarding this proposed policy. First, under the Land Transportation and Traffic Code (Republic Act No. 4136) and Joint Administrative Circular No. 2014-01, the penalties for traffic violations are limited to fines, suspension or revocation of driver’s licenses, and, in the case of public utility vehicles, suspension or cancellation of franchises. Nowhere in these laws or rules is public shaming provided as a sanction.
Second, even if such a policy were to be introduced, it would raise significant due process and privacy concerns. Personal information of individuals is protected under the Data Privacy Act and cannot be disclosed without sufficient and lawful justification. Due process likewise requires that motorists be given the opportunity to be heard, and that liability must first be established through proper investigation and adjudication.
Publicly shaming a motorist who has merely been apprehended, but not yet found liable, is unlawful and could even be considered libelous. The reputational damage to a wrongly accused motorist, as well as the impact on his or her family, cannot be understated.
Moreover, even if a motorist is eventually found administratively liable, public shaming remains an unsound and disproportionate policy. Substantive due process dictates that penalties must be reasonable and proportionate to the offense committed.
Public humiliation is neither reasonable nor professional as a penalty for traffic violations. The current enforcement measures—apprehension of violators and imposition of penalties in accordance with law—are already sufficient.
What is needed is the consistent and sustained enforcement of existing laws, which would serve as a more effective deterrent against traffic violations.
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Atty. Albert N. Sadili
Spokesperson
Lawyers for Commuters Safety and Protection (LCSP)
09660859816 – Viber and Mobile number
