by Lorie Ann A. Cascaro
Since 1992, jaywalking had ceased to be considered a criminal offense in Davao City under which offenders were jailed, resulting to their having a criminal record in the books of the Philippine National Police and the National Bureau of Investigation.
Jaywalking was decriminalized by virtue of City Ordinance No. 752, Series of 1992, an ordinance amending further City Ordinance No. 778, Series of 1973, as amended, otherwise known as the traffic ordinance of the city of Davao imposing only administrative fines.
Decriminalizing jaywalking means that such offense no longer entails any criminal record.
Traffic Management Center chief Desiderio Cloribel said the old city ordinance will still be implented as it is, including administrative fines. Section 1 of City Ordinance No. 752 amended Article 13 of section 2 of City Ordinance No. 778 as amended states, that jaywalking merits a fine of P100.
Although he could not trace how the strict implementation of the law had waned, Cloribel pointed to the lack of pedestrian markings as one of the reasons.
After assuming office only last August, he suggested to the city government to continue enforcing the law by imposing administrative penalties on offenders, such as fines, seminars and community service.
“Okay na ang mga tao sa P100 na fine,” he said.
“I suggested on strict enforcement because jaywalking violators in most instances pay only the administrative fine while others merely attend the half-day seminar,” he added.
Those who ignore the law will be charged under the city ordinance, but if they refuse to pay the fine or attend seminars or do community service will be criminally liable, according to Cloribel.
He requested for citation tickets, which were used in previous years to be issued to jaywalking offenders. However, this should only take effect, he said, once pedestrian markings shall have been in place on major areas of the city.
Meanwhile, Mayor Duterte said the city government is looking at infrastructure interventions like street islands for jaywalking deterence. She said the islands will be a bit higher this time than the old ones so no one can easily go over them to the other side of the street.
While a Malaysian firm gave samples of the paint to be used for markings, she said, Felizarta showed samples of such islands designed by the Metro Manila Development Authority.
These are islands in front of the Land Transportation Office along Quimpo Boulevard and the one in Ulas. Duterte said Felizarta will finish restructuring the islands this year, adding that there will be no additional islands to be put up anywhere else in the city.
A discipline problem
Cloribel mentioned that in the past, jaywalking offenders directly paid fines to the city treasurer’s office, before the court could decide on their cases. “Unsa pa may desisyunan sa korte na nibayad naman sila?(what will the court decide if they have already paid the fine?), he said.
Section 2 of the City Ordinance No. 752, Series of 1992 states, “The imposition of administrative fines upon violation of the provisions mentioned under section 1 hereof shall be determined upon the discretion of the court, pursuant to the provisions of section 58 of Republic Act No. 4136, as amended by RA 5715.”
Councilor Pilar Braga, chair of the City Council on energy, transportation, and communication, said jaywalking should be decriminalized.
“A jaywalking offender is not a ‘criminal’ but should be punished administratively, pay the fine, do community service work and other sanctions. For as long as offenders are punished, they will learn discipline,” she added.
Psychology and sociology professor at the Ateneo de Davao University, Gail Ilagan, said there is no criminal intent in jaywalking, meaning no intent to harm or divest others of property/inherent rights, except right of way.
“It is basically a discipline problem. However, the behavior does pose danger to self and others, and thus has to be regulated,” she said.
For the implementation, she continued, it would require a public consensus, and that a media blitz, information and education campaign, and public discussions will be helpful in achieving it.
“What would make it hard for implementation is that many among us have no respect for the law,” she said.
There’s nothing wrong with the law, according to her, but some people only follow it based on static conformity (when authority is watching), not based on dynamic conformity (does not matter whether or not authority is watching).
“It’s better to reward proper behavior rather than punish the wrong example. Kaya lang, law enforcement is about punishment most of the time. We don’t have enough resources for rewards, whereas punishment is usually about taking away what is already there, like money for fines or time for community service, seminar attendance, among others,” Ilagan said.
When asked whether or not administrative punishments can discipline Dabawenyos, Mayor Sara Duterte said, “We’ll have to wait and see kung naay (if there is any) improvement.”
