Cebu City Outraged by Unequal Justice in Fatal Crashes, Demands Breathalyzers
A stark contrast in police handling of two recent fatal crashes has ignited widespread outrage in Cebu City, putting intense pressure on city officials to bypass slow government red tape and purchase breathalyzers immediately. The difference in treatment between a wealthy suspect and a delivery driver underscores a perceived justice gap, fueling calls for urgent reform.
A Tale of Two Accidents
The demand for change stems from two heartbreaking incidents with vastly different legal outcomes. On February 8, 2026, a 21-year-old accused, Sean Andrew Pajarillo, struck and killed 23-year-old entrepreneur Kingston Ralph Cheng in Banilad, Cebu City, before fleeing the scene. Due to a lack of breathalyzers and a 19-hour delay in hospital testing, his alcohol test returned negative, allowing him to post a P72,000 bail and walk free days later.
In contrast, on Valentine's Day, February 14, a 38-year-old delivery van driver was arrested immediately at the scene after striking and killing an elderly couple, Salvador and Cecilia Geraldizo, on the South Road Properties. He now faces double homicide charges. Vice Mayor Tomas Osmeña and other critics argue that without proper equipment, the law unfairly favors those with the resources to exploit such delays, creating a system of unequal justice.
Bypassing the Red Tape
To address this loophole, Osmeña advocates for skipping the usual slow bidding process to equip police with breathalyzers without delay. Under the Anti-Drunk and Drugged Driving Act of 2013, police are mandated to test drivers immediately after accidents involving injury or death. Mayor Nestor Archival acknowledged on Wednesday, February 11, that the city currently lacks these essential tools, allowing scientific evidence of drunk driving to vanish by the time suspects are tested.
The Kingston Ralph Ordinance
In response to the Banilad hit-and-run, Councilor Harold Go has proposed the Kingston Ralph Ordinance, aiming to hold bars and restaurants accountable for over-serving customers who later cause fatal accidents. The proposed penalties for businesses include:
- First Offense: A P20,000 fine and a 30-day liquor permit suspension.
- Second Offense: A P50,000 fine and revocation of the liquor permit.
- Third Offense: A P100,000 fine and permanent closure of the business.
The ordinance also suggests that bartenders or managers could face jail time if they knowingly serve visibly intoxicated individuals who later cause crashes. Additionally, businesses would be required to install CCTVs and notify police if a drunk patron attempts to drive home.
A Moral Imperative
Road safety advocates, including blogger James Deakin, have criticized 13 years of incompetence regarding the lack of equipment, noting that a simple $100 device could have determined the truth in 60 seconds at the crash site. Vice Mayor Osmeña echoed this frustration, stating that while new rules cannot bring Kingston Ralph Cheng back, it is a moral imperative to prevent future tragedies. The City Council is currently refining the ordinance before a final vote.