Legal logic &

Techniques

Submitted to:
Judge Selma Alaras

Submitted by:
Chezca-Ann Margret Punzalan
2012400094
September 7, 2015
1) CLEO ANALYSIS
2) Type of legal arguments

Propose a legal solution to the traffic problem in mega-metro

manila

INTRODUCTION:

The Metro Manila’s arterial road network consists of

National road, the Circumferential roads and Radial roads as
well as the other major roads connecting the cities of Manila,
Quezon, North and South Caloocan, Valenzuela, Malabon,
Navotas, Pasay, Paranaque, Las pinas, Taguig, Marikina, Pasig,
Mandaluyong, Makati, Pateros and San Juan as well as
surrounding provinces. The (MMDA) Metropolitan Manila
Development Authority lead agency in managing EDSA traffic.

The EDSA is named as Epifanio Delos Santos Avenue. It

has five lanes for road users, 23.8-Kilometer EDSA Metro
Manila’s busiest highway, which passes through six cities and
between 600,000 and one million vehicle drive through it
everyday.
CLAIM:
The Heavy traffic in Metro manila caused a lot of struggles
to everyone living and working nearby. Thousand of commuters
and motorist were stranded for as long as three to five hours
traffic jam between private cars, taxi’s, public transportation,
(uber cars, grab taxi) buses, trucks and motorcycles in a
bumper-to-bumper drive along Edsa coming from south to north
bound even those people coming from north to south bound.
The private vehicle, public vehicle and bus transportation are
not in proportion nowadays. The experience was like escaping
from some major catastrophe, which causes some of the
passengers who are waiting in vain for a transportation ride
occupies the last lane of EDSA which caused lesser lanes for
motorist due to traffic jam. Manila was never designed and
constructed for the amount of vehicles we have today.

1) The legal controversy in the traffic jam in Metro Manila is the

massive number of vehicle or volume of motorist that pass on
both lanes of EDSA daily.

2)Another factor to consider is the lack of discipline of the

people (motorist, commuters and by-standers) to follow simple
rules and regulations in traffic and laws provided for.

3) The last one is the number of accidents happening in the

roads. It pile up the traffic ever since along EDSA.
 The government and civic officials, environment
advocates, and even cycling enthusiasts conducted an
ambitious experiment to solve the traffic anarchy In EDSA as the
busiest highway. The bayanihan sa daan (Share the road) which
promotes the principle of road-sharing, commuters and motorist
discipline and the efficient use of pedestrian lanes. The
experiment will cover the lane closest to the sidewalk will be
reserved for pedestrians, the next lane for bikers, the third and
fourth lane for provincial and city buses and fifth for private
vehicles. The private vehicle will be allotted with only one lane
because less than one million Filipinos own cars.

LAW:
The applicable laws features some rules and laws
inaddition to the common code of behavior of motorist and
commuters to observe good faith and discipline.
Under Article 19 of the Civil Code, Every person must in
the exercise of his rights and in the performance of his duties,
act with justice give everyone his due and observe honesty and
good faith.
Under Article 20 of the Civil Code, Every person who,
contrary to law, willfully or negligently caused damage to
another, shall indemnify the latter for the same.
 Under Article 21 of the Civil Code, Any person who willfull
causes loss or injury to another in any manner that is contrary
to morals, good customs or public policy shall compensate the
latter for the damage.
It is also prohibited to drive when you are drunk. Smoking
is only allowed in designated areas. The Metropolitan
Authorities try to reduce the traffic through a number coding
scheme. 1 and 2 for Mondays, 3 and 4 for Tuesdays, 5 and 6 for
Wednesdays, 7and 8 for Thursday, 9 and 0 for Friday. However
the rules vary from city to city and you still manage to get
around if you manage to avoid the main street and seized the
window hour. The MMDA proposed to expand the number
coding to two days a week for edsa but it wasn’t able to push
through in the end.

EVALUATION:
Dealing with the heavy traffic is a major challenge for citizens in
Metro manila. The authorities try to reduce and lessen the traffic
through coding scheme when such car is not allowed to use
their respective vehicles because of the growing number of of
car owners in the metro. I think that there is a poor urban
planning and also the factor of less focus on public
transportation system. Manila has no other route system and
taking only five lane. We have trains but has five train lines with
few trains. Manila was never designed and constructed for the
amount of vehicles we have today. All public transport vehicle
are so crammed during rush hour, you can hardly blame people
for taking their own car instead. Another factor is the number of
accidents happening in the roads. It pile up the traffic ever since
along EDSA.

OUTCOME:
To have a better and addressed the ever better worsening
crisis of traffic congestion we need to change the mindset of
transportation from private cars to being about improving public
transportation, from wasting road space for the use of a few to
make good use for road use of the public space for the many.
The commuters and motorists lose for lack of discipline. The
massive volume of cars and truck must be controlled and
detained and fine commuters and motorists who don’t follow
traffic rules specially the bus and taxi drivers.

The city buses will be allowed to load and unload

passengers at their own bus stop, also will not wait in vain for
passengers so the bus won’t stay longer than the usual in the
same bus stop. Bus should stop the smoke belching units for
the benefit of the commuters and bikers as well. The Jeepney
and buses shoulder the large number of commuters but with the
habbit of stopping in the middle of the street to load and unload
passengers. These drivers create a bad habbit of traffic
situation. The drivers should drive safely. They should give each
other due respect. Every Filipinos are known for being
hospitable let’s show it not only with visitors but also on how we
drive on the road. Let’s give everyone his right and take
mistakes.

PRECEDENT:

Garcia vs Florido

Facts:
A public utility car and bus collide. Resulting in injuries to
Garcia et al. The chief of police filed a criminal case against the
driver. Garcia et al filed a civil action for damages against the
owner and the driver of both vehicles. The bus company and
driver filed a motion to dismiss. CFI dismissed the civil action
holding that the right to fila a separate civil action was not
reserved and that the action was not based on Quasi-delict

ISSUE: WON the dismissal was proper?

HELD: The action was based on Quasi delict and it may proceed
independently.The essential averments for a Quasi delict action
are present in this case.
The allegation that private respondents violated traffic rules
does not detract from the nature and the character of the action
as one based on culpa aquilliana. Excessive speed in violation
of traffic rules is a clear indication of negligence. The traffic jam
cause by the people themselves. They failed to construct better
plan in the traffic system and authorities undermine the control
and supervision with their own officers. Some are being corrupt
police officer.

BIBLIOGRAPHY:
2009 edition;
www.philstar.com
www.sunstar.com
www.wikipedia.com
www.gmanetwork.com
www.newsinfoinquirer.com
www.nowplanet.tv
www.dpwh.com