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Local laws can't amend national laws in elementary


It is ridiculous to know that a certain Zamboanga City council member is appreciating the so called political will of barangay officials that passed a resolution prohibiting the use of a full-faced helment in their barangay otherwise, they will be shot. This was aired over a local radio station at 7:30 a.m., May 8, 2012.

Is the city councilor concerned promoting the law of the jungle by allowing such act in a highly urbanized city???
On the contrary the legislative body must set a good example by adhering to the rule of law in a civilized society.
Some local legislators are blaming the “helmet Act” for the senseless killings in Zamboanga City and other heinous crimes as the full-faced helmet covers the face of the riders to protect them in case of accident.

Do we have to blame one law for our failure to enforce another law effectively? With or without a helmet a criminal will commit murder if he has a firearm and has the opportunity to commit it if he has the intention to commit a crime.

Let us not make excuses and alibis for the failure of local officials and law enforcers to enforce the firearm law or gun ban.
The helmet act is a national law and cannot be superseded by passing a local ordinance and proposing for its amendment is tantamount to ignorance of the law.

Instead of fighting the problem with an ignoramus solution the city council must formulate a crime prevention plan attuned to the prevailing peace and order situation in Zamboanga City.

To amend the national law if in the first place you know already that this is unlawful and later to give burden to anybody who is aggrieved to go to court and question its unconstitutionality is another stupidity.

The more than 3 hours city council session and dialogue with different law enforcement agencies on May 9, 2012 disputing the use of a full-faced helmet as provided by law was an exercise in futulity.

The City Legal Officer single-handedly stood his ground from intense pressures to discontinue the use of a full-faced helmet equivalent to gallantry in action against a superior enemy forces by indicating that what is legal cannot be applied illegally.

With all due respect one does not need to be a lawyer or a lawmaker to know that a national law cannot be amended by a local ordinance because this is very elementary.

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0 #1 mario 2012-05-20 13:15
the primary issue is not about the helmet. But the assassin with the helmet. minus the helmet a determined assassin will still find his target regardless. The primary goal should be the prevention of crime not the solution of a crime.Focus on the prevention not the resolution of a crime. If you just wanna accomplisehed the latter, solved the crime, the city council should pass a resolution requesting for a amendment to the helmet act/law of 2010, authored by Ramon revilla, to add provision in said law, the to alloww excemption to said helmet law's for city with peace and order problem werein perpetrators are known to wear helmit to hide their identities in the commession of the crime. address said resolution to congress and senate thru city thru Beng and Ervie. And they should lobey said resolution to house of conress and senate. But if yoy wear to ask me. You need to target the primary cause of the problem. An once of prevention is apound of cure.

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