Should Roxas Be Indicted for not Wearing a Helmet?

A picture above showing Sec. Roxas falls from a motorcycle as posted in www.philstar.com.

Presidential Hopeful DILG Secretary Mar Roxas is again in the hot seat today.  He was photographed driving a motorcycle in one of the devastated areas of Samar wrought by Super Typhoon Ruby (International Name: Hagupit) sans a HELMET early week of December 2014.

The photo of Mar Roxas abuzzes the social media with most of the netizens expressed their disappointments to what Roxas failed to do.  Of course, the Palace defended Roxas and urged the people to just focus on what Roxas reasons why he was in the area in the first place.

What, if there is any, DILG Sec. Mar Roxas has violated?

As early as March 23, 2010, President Gloria Macapagal-Arroyo signed into law Republic Act Number 10054 or otherwise known as the "Motorcycle Helmet Act of 2009".

Section 3 of R.A. No. 10054 states that:

"Mandatory Use of Motorcycle Helmets - All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway.

Xxxxxxxxxx."

A picture above shows a driver of a motorcycle wearing a protective helmet taken from google.com.

However, there is an exemption provided by the same law on wearing motorcycle protective helmets.  Let us examine whether the act of Sec. Roxas falls on the exemption.

Section 4 of R.A. No. 10054 provides:

"Exemption - Drivers of tricycles shall be exempted from complying with the mandatory wearing of helmets as provided in this Act."

A picture of a driver of a tricycle where the law exempts from wearing a protective helmet.  This photo is taken from google.com.

It seems that Sec. Roxas act is not the exemption provided by law.  It is clear that he was driving a single motorcycle which the law requires the driver to a mandatory wearing of motorcycle helmet.

What is the penalty to be imposed on Sec. Roxas?

Section 7 of R.A. No. 10054 gives:

"Penalties - (a) Any person caught not wearing the standard protective motorcycle helmets in violation of this Act shall be punished with a fine of One Thousand Five Hundred Pesos (Php 1,500.00) for the first offense; Three Thousand Pesos (Php 3,000.00) for the second offense; Five Thousand Pesos (Php 5,000.00) for the third offense; and Ten Thousand Pesos (Php 10,000.00) plus confiscation of the driver's license for the fourth and succedding offenses.

(b) xxxxxxxxx."

Sec. Roxas cannot, in defense, say that he has no intention of violating the law.  This law is a special law where the intent is not necessary.  The mere driving of a motorcycle without wearing a helmet violates the same.

Sec. Roxas is expected to follow this law.  He is no ordinary citizen.  He is, in fact, a presidentiable candidate in the next elections.

How could he be a good President if he is not following our laws?

After all, no one is above the law.