This Father Is No Hero

Recently a father and his son were rammed by a truck in a horrible accident while they were on the way to fetch the man's live-in partner. While the two were flying through the air the father, in an act of quick thinking, tossed his son to the side of the road underneath a parked truck. This likely saved the boy's life. However, this father is no hero. Let's look at the story. 

https://cebudailynews.inquirer.net/628968/dads-last-act-saving-his-kid-after-truck-rams-motorcycle-from-behind

A 27-year-old father saved his three-year-old son from severe injury or death, but, unfortunately, he lost his life in doing so.

This was after their motorcycle was rammed from behind by a speeding dump truck, causing the victims to be thrown off the motorcycle and into the hard pavement. 

This happened at past 10 p.m. on March 20 in Sitio Tapuco, Barangay Pit-os, Cebu City.

It could have been a father’s instinct to protect his child, who then was riding in front of him in the motorcycle at the time of impact. This was because he instinctively grabbed the kid as they were thrown off the motorcycle.

Perhaps, sensing that it would be more dangerous for his son to land with him on the pavement in the middle of the road, according to the police report, the father as they were “sailing in the air,” then instinctively threw his child under a parked truck on the right lane of the road.

Witnesses said that the father was thrown a few meters more, landed on the hard pavement and then got hit at the side of the head by the front wheels of the dump truck, causing his death.

According to his relatives, the victim and his son did not wear any helmet because the place where they were going was just a few kilometers away from their home.

The man's three-year-old son was riding in front while wearing NO helmet because the father it was not needed since they were only traveling a short distance. What an idiot. You always wear a helmet when riding a motorcycle. It's a matter of safety and law. Also, three-year-olds are not allowed on motorcycles. Here is the law:

Section 4. Prohibition. – It shall be unlawful for any person to drive a two (2)-wheeled motorcycle with a child on board on public roads where there is heavy volume of vehicles, there is a high density of fast moving vehicles or where a speed limit of more than 60/kph is imposed, unless:

(a) The child passenger can comfortably reach his/her feet on the standard foot peg of the motorcycle;

(b) The child’s arms can reach around and grasp the waist of the motorcycle rider; and

(c) The child is wearing a standard protective helmet referred to under Republic Act No. 10054, otherwise known the "Motorcycle Helmet Act of 2009."

https://lawphil.net/statutes/repacts/ra2015/ra_10666_2015.html

This law should not be needed as it is a matter of safety to prohibit your three-year-old son from riding on your motorcycle especially without a helmet. Now this father is dead and his son is hurt. That is what you get for neglecting basic safety.

The police in a report said the speeding dump truck was then counter-flowing because the truck driver wanted to overtake another truck in front of the victim’s motorcycle and another vehicle.

The truck in front stopped because they were trying to pass the road without snagging a low-lying electric wire.

Police in a report said that after ramming the motorcycle of the father and the son, the dump truck continued on and collided with 3 more motorcycles on the opposite lane of the road.

Fortunately, the drivers and the passengers of the three motorcycles managed to jump off and escape being severely injured as the dump truck plowed through the motorcycles.

The erring truck driver, then got off his truck, after the collision and fled the area fearing for his life.

He later surrendered to a police station.

The dump truck who hit them was speeding and counter-flowing as he tired to overtake a truck in front of the motorcycle. The truck then stopped because of a low-lying electric wire which caused the dump truck to ram the motorcycle and three more motorcycles before he came to a stop and fled the scene.

Everything is there. Speeding, low-lying electric wires, and fleeing the scene. It's a nightmare scenario of bad driving that takes place every minute of the day on Philippine roads. And the PNP cannot be bothered to patrol the roads as they are required to do. Here is the law:

Sec. 35 (B) (8) Traffic Management Unit. – Headed by a Director with the rank of chief superintendent, the Traffic Management Unit shall enforce traffic laws and regulations.

https://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html

It's too bad the cops refuse to do their job of patrolling the roads. 

“Nagkuha ra gyod to siya sa iyang pares nga naghuwat sa may Pit-os nga gikan sa trabaho,” the victim’s mother told CDN Digital in an interview.

(He (the victim) was just fetching his live-in partner, who was waiting in a neighboring Barangay Pit-os, who had just got off work in the city.)

“Gida niya iyang bata para mosugat sa iyang mama, pero wa na sila nakaabot didto kay nadisgrasya naman sila,” she said.

(He brought his child with him to fetch the son’s mother, but they did not reach there because they met the accident.)

The victim and his live-in partner lived in Barangay Binaliw 1, which is the neighboring barangay of Pit-os. 

When asked if the couple’s three-year-old child was alright, the victim’s mother said that the child was hospitalized and would be released from the hospital that day.

“Nabukol ra man to sa iyang ulo. Gida sa hospital sa inahan, unya mao rag pagawason na to sila karon,” said the mother of the victim.

(The child had a big lump on the head. He was brought to the hospital by his mother, and he would be released today.)

The driver was detained at the Traffic Enforcement Unit of the Cebu City Police Office, pending the filing of a case of Reckless Imprudence Resulting in Homicide, Physical Injury and Damage to Property.

Of course the story is not over. The charges could be dropped if the family decides to settle. Hopefully they do not. 

This is just one more story of how dangerous the roads are in the Philippines. The father is being painted as a hero who saved his son in the split second before he died but the reality is he ignored basic safety and put his son's life in danger. This father is no hero.

Overloaded Trucks Are a National Problem

Recently I have written about collapsing bridges, dangerous spaghetti wires, and electric poles being left in the middle of newly widened roads. All of these stories have a connecting thread and it is neglect. Neglect of the law and of public safety. In particular collapsing bridges are directly related to overloaded trucks.

In Davao road deterioration has been directly linked to overloaded trucks. 

https://www.sunstar.com.ph/article/1946392/davao/local-news/road-deterioration-due-to-heavy-trucks---dpwh-davao

AN official of the Department of Public Works and Highways Davao Region (DPWH-Davao) said one of the contributing factors to why roads in the Davao Region are deteriorating is due to overloaded trucks.

DPWH Spokesperson Dean Ortiz said during the 18th Regular Session on November 15, 2022 that the roads in the region are built to accommodate vehicles that weigh as much as 10 tons. However, 20-ton trucks are now plying the roads of the region. The roads in the region are not intended to accommodate trucks of this size.

“We can monitor the trucks coming in Davao City, but... we can only do so much,” Ortiz said.

He said they can only monitor the weight of the big trucks traveling along J.P. Laurel in Panabo, Davao del Norte, and in Digos, Davao del Sur. The agency has built weighbridge stations, located around 10 kilometers away from populated areas, to monitor the weight of the trucks.

To closely monitor the trucks, Davao City Councilor Bernie Al-ag proposed the monitoring and regulation of the weights of big trucks traveling in and out of the city.

“I think what we need to do about this, number one, in regulating the weights of the truck, if we have an existing policy about this we need to review this, Let’s take a look into this if it is still appropriate,” Al-ag said.

Also, he said DPWH should also check with their planning department, especially the quality of the asphalt that is being used for the road construction so that the budget will not be wasted.

“It would be a wase that after asphalting the roads, it will deteriorate and be the cause of accidents. Instead of improving the livability in the city, it has caused a problem,” Al-ag said.

However, Ortiz said if the road deteriorates, the cost of the repair will be charged to the contractor of the project due to a structural warranty of five years.

“If there are portions that needed to be repaired, those are totally at no cost to the government, it is under the contractor,” Ortiz said.

While the repair will not cost the government, Al-ag still requested their office to follow the standards of the construction, especially the contractor. He said Dabawenyos deserve quality infrastructure.

“It is not right that after a year or two it will be reconstructed again. This is not efficient, we demand efficiency,” Al-ag said.

He said there should be a permanent solution or long-term solution to deteriorating roads.

The permanent or long-term solution is to not have heavy trucks driving through the city and to make sure all trucks are not overloaded. We can see from the picture that apparently heavy trucks are being routed through the city. That is no good. Roads by passing the city should be constructed. It is not my place to say how but surely they can learn how by studying city-planning in the USA and Europe.

Worst case scenario build roads that can withstand 20 ton trucks since no one wants to check the weight. 

The same problem is happening in Nueva Ecija.

https://www.pna.gov.ph/articles/1189290

The provincial government here is strengthening its efforts against overloading trucks to ensure the safety of motorists.

Vice Governor Anthony Umali said on Wednesday the provincial board council is set to pass an ordinance that will formulate the weight limits, stricter sanctions and possible alternative roads for overloaded trucks.

Umali said this is in support of the Nueva Ecija Task Force Overloading formed by Governor Aurelio Umali.

The vice governor said the provincial board members have agreed to refer the matter to the Committee on Housing Land Utilization and Environmental Protection and Committee on Laws to fast-track the creation of the anti-overloading measure.

“The move will ensure that the trucks carrying overloaded items will be policed by their own ranks to save roads from damage and deterioration,” he said in a local television interview.

Homer Garcia, chief of the maintenance section of the Department of Public Works and Highways (DPWH)-Nueva Ecija First District Engineering Office, said based on their monitoring from Oct. 21-Nov. 14, out of the 3,584 dump trucks that passed by the Sta. Rosa-Tarlac Road, 1,443 were overloaded.

It has been observed that overloaded trucks cause damage to road networks.

Garcia said funds will be allotted next year for the procurement of a weighing apparatus to be put up in the province’s entry points for continuous checkpoints against overloaded trucks.

The DPWH has been coordinating with the Land Transportation Office, Highway Patrol Group and local government units to strengthen the monitoring of immoderate vehicles through the strict enforcement of the anti-overloading policy.

Incredible!  This town has such a problem with overloaded trucks that they have formed a task force. Not to mention 40% of all dump trucks are overloaded. That is outrageous. Are they allowed to continue plying the roads? Interesting to note is that the DPWH has been contacting LGUS, the LTO, and the HPG to monitor overloaded trucks. That highlights the fact that overloaded trucks are a national problem. 

Back in June, 2022 the DWPH said they would intensify the enforcement of the overloading law. 

https://www.sunstar.com.ph/article/1931623/pampanga/local-news/intensified-implementation-of-anti-overloading-law-set

THE stretch of MacArthur Highway in Pampanga is usually subject of ire and complaints of motorists due to the deteriorated state of some of its portions.

The travel from the City of San Fernando up to Apalit town via MacArthur Highway is a source of headache to motorists as they have to endure large potholes and craters, and uneven road pavement along the way.

What irks road users more is the fast deterioration of the several specific road sections as it usually goes back to its sad state just a few months after its rehabilitation.

This prompted Department of Public Works and Highways (DPWH) Secretary Roger G. Mercado to renew the call for intensified implementation of Anti-Overloading law.

Being a national road, DPWH is responsible for the maintenance, upgrading and widening of the whole stretch of MacArthur Highway.

According to Mercado, overloaded vehicles result to premature deterioration of roads and bridges, causing vehicular accidents, and endangering commuters and pedestrians.

Citing a report from the DPWH Bureau of Quality and Safety, Mercado disclosed that around 34 percent of the trucks plying the country’s national roads in 2021 alone were classified as overloaded.

This means that the Nationwide Cases of Truck Overloading jumped by 6.96 percent in 2021, comparing from the data recorded in 2020.

“Of the 401,785 trucks that were weighed by our 38 truck weighing stations in 2021, a total of 137,029 or 34.11 percent were apprehended for overloading. This is alarming, considering that the cases have worsened from 2020 which is only at 27.15 percent,” he said.

To prevent further damage, Mercado ordered all DPWH Regional and District Engineering Offices to intensify the implementation of the RA 8794 otherwise known as the Anti-overloading law immediately.

He said DPWH personnel from different engineering offices across the country, in coordination with the Philippine National Police (PNP), and Land Transportation Office (LTO), will jointly apprehend violators of overloading nationwide by setting up permanent and mobile weighing stations along national roads.

“Aside from danger and inconvenience that deteriorated roads cause, it also redounds to more government spending on road maintenance,” he said.

The DPWH secretary asked for the cooperation of truckers and haulers, and advised them to comply with the law to prevent inconveniences during their travel.

It should not take complaints from motorists for the DWPH to enforce laws. Given the state of the government where everyone takes a kickback I don't expect this problem to go away anytime soon if ever. Bridges will continue to collapse and roads will continue to deteriorate because in the Philippines the ends justifies the means. If you can overload your truck and get it delivered it on time saving money, well that is all that matters. 

RA 8794 has been on the books since 2020!

https://lawphil.net/statutes/repacts/ra2000/ra_8794_2000.html

Section 6. Penalty for Overloading- An amount equivalent to twenty five percent (25%) of the MVUC shall be imposed on trucks and trailers for loading beyond their prescribed gross vehicle weight: provided, That no axle load shall exceed thirteen thousand five hundred kilograms(13,5000kgs).

What!?  This is ONLY a monetary fine!!  In fact that is what this law is all about, charging motorists various fines. You know what that means?  It means there is no SPECIFIC law regarding overloaded trucks. Overloaded trucks destroy roads and lead to the collapse of bridges but who cares? Why bother to write a specific addressing that issue!?