We, the residents and concerned citizens of Caloocan City, respectfully call on the Vice Mayor, the City Council, and the Local Government of Caloocan to urgently amend Ordinance No. 0391 of 2005, an ordinance that has become outdated, legally defective, and deeply unjust in its present implementation.

While traffic regulation is necessary to maintain order and public safety, the purpose of the law is to serve the people, not to oppress them. Unfortunately, Ordinance No. 0391 has evolved into a system that punishes poverty, rewards privilege, and undermines public trust in local governance.

This ordinance imposes a 5% daily surcharge on unpaid traffic fines. In practice, this results in penalties ballooning into ₱40,000 to over ₱100,000 for minor violations such as no helmet. These amounts are financially crippling for ordinary citizens, many of whom rely on motorcycles for work and daily survival.

 

 

There are real stories of Batang Caloocan being forced to pawn their ATM cards, borrow money at high interest, or give up basic necessities simply to pay traffic fines. This is not discipline. This is economic punishment.

At the same time, everyday scenes in Caloocan show a disturbing double standard. Barangay personnel, staff of elected officials, and individuals connected to local government are repeatedly seen violating traffic rules without consequence. In recent incidents, government staff caught committing no-helmet violations were met with nothing more than apologies, while ordinary citizens are subjected to crushing fines and surcharges.

 

 

 

 

 

This selective enforcement sends a dangerous message:
That the law is harsh on the powerless and flexible for the connected.

This directly violates the principle of equal protection of the laws under Article III, Section 1 of the 1987 Philippine Constitution.

The Ordinance Is Legally Defective and Violates National Protection Standards

Local ordinances do not operate in a vacuum. They must comply with national laws and constitutional protections.

A. Violation of the Local Government Code (LGC)

The Local Government Code clearly sets limits on penalties imposed by local governments:

• Surcharges must not exceed 25%
• Interest must not exceed 2% per month

Ordinance No. 0391 imposes a 5% surcharge per day, which translates to approximately 150% per month.

This rate is grossly excessive, far beyond what the law allows, and therefore unlawful. An ordinance that violates the Local Government Code cannot be justified by enforcement convenience or revenue generation.

B. Violation of Constitutional Due Process

The 1987 Constitution guarantees every citizen the right to due process and protection against arbitrary government action.

Yet in Caloocan City:

• There is no functioning Traffic Adjudication Office
• Appeals and motions for reconsideration are routinely denied without formal hearing
• There is no impartial judge or adjudicator reviewing violations
• Citizens are deprived of a meaningful opportunity to be heard

By denying citizens a proper avenue to appeal penalties, the city effectively removes their right to due process. A penalty system without review, hearing, or adjudication is inherently unjust.

The Ordinance Is Outdated and Disconnected From Present Realities

Ordinance No. 0391 was enacted in 2005, nearly two decades ago. Since then, systems of governance, technology, and public administration have significantly evolved.

National agencies such as the LTO and MMDA now allow online payment of fines through digital platforms. In contrast, Caloocan residents are still required to physically go to City Hall to settle violations, costing them time, wages, and additional expenses.

A modern city should not rely on a system that ignores digital accessibility and the realities of working-class citizens.

The Ordinance Is Anti-Poor and Inhumane in Practice

Most no-helmet and minor traffic violations are committed by motorcycle riders, many of whom belong to the lower-income sector and use motorcycles for livelihood. Expecting these citizens to pay tens of thousands of pesos in accumulated surcharges is unrealistic and cruel.

There must be a clear line between discipline and abuse. Ordinance No. 0391 has crossed that line.

 

Our Proposed Amendments: Fair, Modern, Humane, and Legally Sound

We respectfully urge the Caloocan City Council to adopt the following reforms:

1. Convert the 5% daily surcharge into a reasonable monthly rate
   A 2% monthly interest, aligned with the Local Government Code.
2. Establish an official Traffic Adjudication Board
   Citizens deserve a formal appeal process and an impartial adjudicator who can fairly evaluate violations and motions for reconsideration.
3. Enable online payment options
   GCash, Maya, and bank transfers, similar to MMDA and LTO systems.
4. Grant full amnesty for all accumulated surcharges                                                                                  To give citizens a fair opportunity to comply without financial ruin.
5. Provide at least a 50% refund or rebate
   For those who already paid excessive and unlawful surcharges under the outdated system.
   These reforms do not remove accountability. They restore balance, justice, and human dignity.

This petition is a call for reform, not rebellion. A call for fairness, not favoritism. A call for laws that protect, not punish, the people they are meant to serve.

Justice is not measured by how harsh a penalty is, but by how fairly it is applied.

We urge the Caloocan City Government to listen to its citizens and amend an ordinance that no longer reflects the values of a just and humane city.

For fairness.
For dignity.
For every Batang Caloocan.