EDITORIAL - RFID unconstitutional, oppressive

The public should rise up in protest against the implementation of the so-called RFID, or Radio Frequency Identification Device, by the Land Transportation Office. Even if the Supreme Court has yet to rule on a petition against it, its unconstitutionality is already very clear.

The LTO argues that the device, which transmits radio waves to monitors and thus clears a passing vehicle as having been duly-registered, is a big help in identifying "colorum" or unregistered vehicles, or vehicles that have been smuggled or carnapped.

There is, of course, no argument against that. But what the LTO misses is that it is not the duty or obligation of motorists to identify themselves as law-abiding citizens. That is putting the burden of proof on citizens.

Has the LTO never heard of the constitutional presumption of innocence? All motorists and their vehicles are to be regarded with a presumption of innocence and regularity unless the LTO or any other law enforcement agency has sufficient basis to doubt that presumption.

And when it has, the burden of proof lies with the LTO or similar agencies. To require motorists to proclaim their innocence or regularity in the absence of any compelling reason to doubt the presumption is unconstitutional, illegal and undemocratic.

Aside from the legal issues involved, there is also the prohibitive cost of acquiring the RFID stickers, which contain an electronic chip to transmit the radio waves. For a motorist to prove his innocence in the absence of any formal charge of wrongdoing, he has to pay P500 plus.

Not so, the LTO argues. The RFID sticker is only P300 plus. What makes the cost reach P500 plus is the computer fee one needs to pay in securing the sticker. What a childish attempt at mumbo jumbo.

Even if the sticker costs only one centavo, but if the motorist ends up paying P500 because of the computer fee, then the cost of acquiring the sticker is still P500. Worse than being illegal and oppressive is for the LTO to belittle the intelligence of the public.