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What Would Happen if you Flee from a Traffic Enforcer on Duty

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Posted on Dec 17, 2018


Fleeing Enforcer

 

 

Here in the Philippines, various social media platforms are riddled with videos displaying personas not respecting traffic rules. Parking on designated “no parking zones”, going straight through on a one-way street and many more to list. This lack of discipline creates havoc and nuisance to daily commuters and car owners alike. However, there are videos as well, published online about people disregarding persons in authority and disrespecting some even.

People on the wheel seem to have the unspoken power to avoid people that are stopping them for an offense they committed. If you are wondering as to what would happen if you flee from a traffic enforcer after making a traffic violation, read on to find out.

In the Philippines, the Metropolitan Manila Development Authority (MMDA) are tasked by the government to impose traffic laws, thus making them persons to exercise rightful authority. When you are flagged for a violation,and you decide to resist their arrest or their advances to stop you, you’ll be liable to answer to the law. Worse if the case escalates and you physically harm a traffic enforcer or constable. In accordance to the Revised Penal Code, civilians can be charged with charges if they fail to comply with an official (duly recognized and authorized by law and the government). For those who physically hurt a person in authority will face more severe charges. They can be filed with a lawsuitabout the Article 148 of the Revised Penal Code. A person who harmed a traffic enforcer will be sued with “Direct Assault.” What does a direct assault constitute? Referring from a passage of The Revised Penal Code, “attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance.”

 

Direct Assault

 

For an offense to count as a direct assault, the following actions should meet the criteria.

  • Sever use of force,or any form of intimidation is done to the person in authority no matter what kind of weapon is utilized.
  • The person in duty is still affiliated with the respective department or branch of government where he is appointed or works with.
  • The offender assaulted the person in authority while he is still performing his duties.

If you’re not the type of person to harm a person,but you completely run away out of fear, terror or simply just avoiding the fact that you committed a traffic violation, this act will be consideredas a violation to the Article 151 of the Revised Penal Code. The passage wherein reads this way, “The penalty of arresto mayor and a fine of not exceeding 500 pesos shall be imposed upon any person who not being included in the provisions of the preceding articles shall resist or seriously disobey any person in authority, or the agents of such person, while engaged in the performance of official duties.” It is considered as disobedience or resistance already if you ignore the traffic enforcer’s signal; refuse to surrender your driver’s license (accordingly) or to fail to stop when an enforcer tells you to do so. It is also vital to know that the MMDA can avail assistance from the Philippine National Police to apprehend you. From then on, numerous charges can be charged against you.


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