Sen. Tulfo: Suspend cops for not arresting driver who counterflowed on EDSA busway

Senator Raffy Tulfo on Wednesday recommended the suspension of two Makati police officers for failing to arrest the SUV driver who counterflowed on the EDSA busway last month. 

During a hearing of the Committee on Public Services, Metropolitan Manila Development Authority (MMDA) chairman Romando Artes identified the two cops as Police Staff Sergeant Christian Roxas and Patrolman Faily dela Cruz, who both arrived at the scene but did not arrest the motorist despite smelling of alcohol. 

“Patrolman dela Cruz and Staff Sergeant Roxas, ire-rekomenda ko na kayo’y paparusahan—that, I can assure you—dahil lumilitaw na selective kayo. Kapag mayaman, lusot. Kapag mahirap, kulong. Ba’t ganon? Dapat the law applies to everybody,” Tulfo said.

(Patrolman dela Cruz and Staff Sergeant Roxas, I will recommend that you be punished—that, I can assure you—because it appears that you are selective. When someone’s rich, they get a free pass, but if they’re poor, they get arrested. Why is that? The law should apply to everybody.) 

“Sigurado ako kung ‘yun ay naka-motorsiklo o security guard, o sabihin na nating delivery driver, kulong na ‘yun. Diba? Kung family driver, nagda-drive sa busway nang lasing tapos dumating kayo, sigurado ako kulong ‘yun,” he added. 

(I'm sure if that person was a motorcycle, a security guard, or a delivery driver, that person would get arrested. Right? If a family driver is driving on the busway drunk and then you arrive, I'm sure he’ll be arrested.) 

In July, an SUV caught the ire of passengers of a bus after it used the EDSA busway to counter the flow during wee hours.

The SUV driver, identified as Christoper Lim de Vera, initially refused to budge when he met the bus before giving in to back up for several minutes.

It was later revealed that authorities who responded to the incident even brought de Vera to his condominium in Taguig City instead of a police precinct.

The MMDA earlier said the driver received a ticket for reckless driving and illegal counterflow.

However, it explained it is not deputized to file a complaint of driving under the influence of alcohol, especially since it needs a breath analyzer test result, which can only be administered by police or Land Transportation Office (LTO) personnel. 

Tulfo said that this violated Republic Act No. 10586, also known as the Anti-Drunk and Drugged Driving Law. 

“Dito, binaby niyo ang isang taong may kaya sa buhay. Hindi kayo naging patas, hindi niyo ginawa ang tungkulin niyo nang tama, therefore I would recommend na kayong dalawa ay ma-suspinde rin,” the senator said. 

(You babysat a person who is rich. You were not fair, you did not do your jobs correctly, therefore I would recommend that you both be suspended as well.) 

According to Department of Transportation (DOTr) Assistant Secretary Jose Lim IV, team leader Michael Rey Almoete and assistant team leader Alvin Garcia of the DOTr’s Special Action and Intelligence Committee for Transportation (SAICT) were the ones currently facing a three-month suspension following the incident. 

In response, Roxas said what they did was not that grave. He also admitted that he is not very familiar with the Anti-Drunk and Drugged Driving Law. 

“Sa palagay ko ho, hindi naman ho ganon kabigat ang pangyayari kasi nakapag-responde naman po kami,” the cop said. 

(In my opinion, the incident was not that serious because we were able to respond.) 

In a House Committee on Transportation hearing last week, it was revealed that the vehicle used by de Vera was registered under the driver’s mother.

The LTO found that there was only a vacant lot at the address that the mother indicated in the vehicle’s certificate of registration. The agency admitted that the falsified document is their concern.

It added the driver has already submitted an explanation to the LTO and the case is submitted for resolution. —LDF, GMA Integrated News