No One is Above the Law. Not Even Healthcare Heroes.

ResilientPH

The law is intended to maintain peace and order. In a fair society, everyone is subject to the same rules and regulations and is expected to suffer a commensurate sanction or penalty depending on the degree of transgression. In a crisis, such as the one we are faced with, the same principle should apply and perhaps even more so given the volatility of the situation. 

In a report from the Manila Bulletin, health worker Gerald Libiran of the Philippine Orthopedic Center and his brother, a health worker from the National Children’s Hospital, riding a motorcycle en route to their home after another challenging day at work last March 23 were stopped by a member of the Valenzuela City Traffic Management Office (VCTMO) and issued a ticket. 

The receipt cited violation of Valenzuela City Ordinance No. 673 or the Social Distancing Ordinance and the penalty — Php 5,000.00

According to Libiran, they showed their IDs and explained that they were health workers. His brother was even in his uniform. They also stated that they knew about the social distancing ordinance but given the fact that there was no public transportation available, the only option was to ride together. 

In the same news report, Valenzuela Mayor Rex Gatchalian weighed in and explained that the Department of Transportation (DOTR) guidelines do not have exemptions for anyone including critical health workers working in the frontlines. He did say that he and the city council are “trying to find ways to lower the fine for healthcare workers caught back riding.”

Mayor Gatchalian added, “But we have to evaluate our moves carefully as this may embolden others (people not working in the healthcare industry to take advantage and violate this national mandate on back rides.” True, but then that is where the traffic enforcers check on the papers of the other riders.

Many may point out that there is no need for discussion. Libiran and his brother are heroes. They risk their lives performing their duties in the frontlines and they should not be subject to the humiliation, inconvenience, and additional financial burden that comes with the ordinance violation. End of story. 

The purists would likely argue that there was a violation of the law and the penalties should apply — plain and simple. 

Let us park the legal debate for the time being and allow Mayor Gatchalian and the city council to do the right thing.

In the meantime, let us raise the other issues that emanate between the lines of this interesting news story. 

  • There is a clear need to make policy adjustments on the fly in order to better manage this crisis given that this is an entirely new experience for all of us. 
  • We even provide express lanes on the roads for the frontliners. There are calls to give them the courtesy in queues at the cashier booth. 
  • Healthcare workers and health workers are poorly compensated and many of them do not own a car or a motorcycle that can bring them safely to their place of work. What happens when they are unable to care for patients because they have no means of going to work?
  • Implementation of the regulations is not uniform (even before the expanded community quarantine) on some occasions. People with authority and power appear to have a default exemption to what should otherwise apply to all.  In the ideal set-up, what applies to a health worker should be applicable to a barangay official or a mayor or even a senator.

As we continue to fight against COVID-19, we come to terms with some very harsh realities about our government leaders in general, and about ourselves. We need to look into these realities and carefully map out a path forward – one that leverages on the good and minimizes the bad.

Reference:
Health worker fined P5,000 for backriding. (2020, March 27). Manila Bulletin News. https://news.mb.com.ph/2020/03/27/health-worker-fined-p5000-for-backriding/?fbclid=IwAR0o0mVkLZQ2lw9eTMOq1fIo73SZu4yuzQr_7iuezOQl4ymG6Giq