Harold Go seeks penalty waiver for initial BanTal violators

CEBU CITY, Philippines — Councilor Harold Kendrick Go will ask Mayor Nestor Archival to waive the penalties imposed on commuters who violated traffic and transportation rules during the initial implementation of the BanTal Discipline Zone.

He argues that the adjustment period should focus on education and compliance rather than punishment.

Go will present a proposed resolution during the council’s regular session on Aug. 18 seeking a one-time, limited waiver for qualified violations committed during the officially determined implementation or adjustment period of the Bantal Discipline Zone.

This was after the city’s full enforcement of Oplan BanTal drew questions from motorists and commuters, particularly after authorities modified one of its major traffic restrictions barely a day into implementation.

Under Go’s proposal, the waiver would cover only violations committed during the initial implementation period and would not suspend, repeal, or weaken existing Cebu City traffic ordinances.

The resolution would leave the determination of the waiver’s conditions and qualifications to the Office of the City Mayor and the Cebu City Transportation Management Office (CCTO).

Public familiarization

Go said the Bantal Discipline Zone should serve not only as an enforcement mechanism but also as a way to educate motorists, commuters, pedestrians and other road users about the city’s traffic and transportation rules.

The proposed resolution recognizes that the rollout of a new enforcement program requires a period of adjustment, information dissemination and public familiarization.

Some commuters, it said, may have incurred penalties because they lacked sufficient notice or orientation, misunderstood designated areas or remained unfamiliar with the newly enforced restrictions.

The proposal therefore seeks to allow affected commuters to correct their behavior and comply with the rules moving forward.

Go stressed in the resolution that the waiver would serve as a one-time corrective intervention, rather than a permanent exemption from traffic rules.

Aug. 5 citations remain valid

The proposal follows the CCTO’s earlier clarification that traffic citation tickets issued on the first day of Oplan BanTal’s full enforcement remain valid despite the city’s subsequent decision to reopen the Foodland Flyover to motorcycles.

CCTO head Raquel Arce said on Aug. 8 that traffic enforcers legitimately apprehended motorists who violated posted restrictions on Aug. 5.

“No. It’s legit,” Arce said when asked whether the Aug. 5 citation tickets had become invalid after the city reopened the flyover to motorcycles.

Arce said enforcers based the apprehensions on traffic signs and existing road rules in effect when they issued the citations.

“Naay signage nga ‘No Entry.’ So, as far as kadtong mga dakop are concerned, legit to siya nga dakop. Dili to siya sayop nga dakop nga mao’y atong grounds for invalidity,” Arce said.

(There was a ‘No Entry’ sign. So, as far as those apprehensions are concerned, they were legitimate. They were not erroneous apprehensions that would serve as grounds for invalidating them.)

Some motorists also received citations for crossing solid lane markings, which Arce said existed as a traffic offense even before Oplan BanTal took effect.

Waiver needs approval

Arce previously said the CCTO could not simply cancel the citation tickets because doing so falls outside her authority.

“Naa sad silay punto,” Arce said of motorists who questioned the validity of their citations after the city changed the traffic scheme.

(They also have a point.)

“Dili ako ang right person nga moingon nga ato nang i-cancel kay beyond na sa akong authority,” she added.

(I’m not the right person to say that we should cancel them because that is already beyond my authority.)

Arce said any request to cancel citations must undergo the appropriate administrative process, including review by the Traffic Management Committee Board before reaching the mayor and other approving bodies.

She also warned against allowing traffic enforcers to cancel citations on their own, saying such a practice could create questions about fairness and accountability.

“Kung mag-practice ta ana nga ang enforcer pwede maka-cancel sa iyang citation, ako pud pwede maka-cancel sa citation sa enforcer. Dili na siya fair,” Arce said.

(If we practice allowing enforcers to cancel their own citations, then I could also cancel an enforcer’s citation. That wouldn’t be fair.)

Succeeding violations

The proposed waiver would not cover future violations.

The resolution specifically states that granting the waiver would not exempt motorists and commuters from complying with applicable Cebu City ordinances or prevent authorities from apprehending violators and imposing appropriate penalties after the adjustment period.

The proposal also calls on the CCTO to intensify its information and education campaign on Bantal Discipline Zone rules.

This would include installing clear and visible signs, disseminating guidelines and properly orienting commuters, motorists and other affected stakeholders.

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