Bayani shrugs off clipping of MMDA powers
April 27, 2005 | 12:00am
Metropolitan Manila Development Authority (MMDA) Chairman Bayani Fernando shrugged off yesterday a Supreme Court (SC) ruling which virtually stripped the government agency of its law enforcement powers to manage traffic in the 17 cities and municipalities in the metropolis.
Since the MMDA no longer confiscates driver’s licenses anyway under its Metropolitan Traffic Ticketing (MTT) system, Fernando said the SC decision was "moot and academic."
During the Tuesday Club held at the Shangri-La Hotel in Mandaluyong City yesterday, Fernando said the MMDA would continue with its traffic enforcement duties and powers as provided for by its Charter under Republic Act 7924.
In an 18-page decision, the High Tribunal noted the MMDA has been engaged in "unauthorized exercise of its police power" in confiscating, suspending or revoking drivers’ licenses of traffic violators in the issuance of traffic violation receipts (TVR).
But until yesterday, Fernando said he has yet to receive an official copy of the SC ruling, penned by associate justice Minita Nazario-Chico, reportedly issued last April 22.
The MTT itself is also a subject of a suit at the Makati Regional Trial Court which issued a TRO in May last year to temporarily stop MMDA from implementing the scheme.
But Fernando said the same court did not issue a permanent injunction on the MTT.
"So we will continue with it (MTT) while this is being resolved by the court," Fernando said.
Fernando explained the MTT is merely a "notice" of traffic infractions and that traffic violators are given seven days to contest or file protest of their alleged traffic infraction without paying fines while their petitions are being heard by the MMDA.
For transparency and to deter bribery and corruption of MMDA traffic aides, Fernando said, the fine is paid at any of the 500 branches of the Metropolitan Bank and Trust Company.
"This is to make it more convenient for motorists and the MMDA as well because confiscating licenses is troublesome," Fernando pointed out.
"That SC decision may have been taken over by events because we neither issue TVRs nor confiscate licenses under the MTT," Fernando explained.
Nonetheless, he said the MMDA would seek a clarification of the SC ruling which he admitted has very serious implications on the very existence of this government agency.
The MMDA chairman said he would ask government lawyers to file a motion for reconsideration.
Meanwhile, Malacañang defended the MMDA’s powers to enforce traffic rules and regulations.
Chief Presidential legal Counsel Merceditas Gutierrez said Republic Act 7924, which enumerates the functions and powers of the MMDA.
In another development, the mayors of Metro Manila are set to meet this week for a formal manifestation of its position urging the MMDA to refund the fines it had collected from erring drivers.
Metro Mayors League (MML) spokesman and Pasay City Mayor Wenceslao "Peewee" Trinidad said the decision of the SC to strip the MMDA of its power to implement traffic ticketing system was a "long-standing principle, which we mayors have been raising against MMDA."
Trinidad argued that the legislative power necessary to create an ordinance to implement traffic laws, including confiscation of licenses of erring drivers and collecting fines from them, belongs to the mayors.
"We have maintained the position that legislation is exclusive to local government units and that the MMDA has no legislative power to implement ticketing system," Trinidad told The STAR in an interview.
Trinidad stressed the MMDA should have secured an ordinance from the Metro Manila Council, which is composed of all 17 mayors, or a law from Congress before it implemented its projects.
Among the MMDA programs that do not have supporting ordinances or laws are the Unified Vehicular Volume Reduction Program, Sidewalk Clearing Operations, Organized Bus Route along EDSA, and the Wet Flag Scheme.
For his part, Manila Mayor Lito Ateinza reminded Fernando that the MMDA’s function is limited to planning.
"The MMDA should stop using police powers since they do not have it. It is the LGUs that have it," he said. — With Edu Punay, Aurea Calica, Michael Punongbayan, Evelyn Macairan
Since the MMDA no longer confiscates driver’s licenses anyway under its Metropolitan Traffic Ticketing (MTT) system, Fernando said the SC decision was "moot and academic."
During the Tuesday Club held at the Shangri-La Hotel in Mandaluyong City yesterday, Fernando said the MMDA would continue with its traffic enforcement duties and powers as provided for by its Charter under Republic Act 7924.
In an 18-page decision, the High Tribunal noted the MMDA has been engaged in "unauthorized exercise of its police power" in confiscating, suspending or revoking drivers’ licenses of traffic violators in the issuance of traffic violation receipts (TVR).
But until yesterday, Fernando said he has yet to receive an official copy of the SC ruling, penned by associate justice Minita Nazario-Chico, reportedly issued last April 22.
The MTT itself is also a subject of a suit at the Makati Regional Trial Court which issued a TRO in May last year to temporarily stop MMDA from implementing the scheme.
But Fernando said the same court did not issue a permanent injunction on the MTT.
"So we will continue with it (MTT) while this is being resolved by the court," Fernando said.
Fernando explained the MTT is merely a "notice" of traffic infractions and that traffic violators are given seven days to contest or file protest of their alleged traffic infraction without paying fines while their petitions are being heard by the MMDA.
For transparency and to deter bribery and corruption of MMDA traffic aides, Fernando said, the fine is paid at any of the 500 branches of the Metropolitan Bank and Trust Company.
"This is to make it more convenient for motorists and the MMDA as well because confiscating licenses is troublesome," Fernando pointed out.
"That SC decision may have been taken over by events because we neither issue TVRs nor confiscate licenses under the MTT," Fernando explained.
Nonetheless, he said the MMDA would seek a clarification of the SC ruling which he admitted has very serious implications on the very existence of this government agency.
The MMDA chairman said he would ask government lawyers to file a motion for reconsideration.
Meanwhile, Malacañang defended the MMDA’s powers to enforce traffic rules and regulations.
Chief Presidential legal Counsel Merceditas Gutierrez said Republic Act 7924, which enumerates the functions and powers of the MMDA.
In another development, the mayors of Metro Manila are set to meet this week for a formal manifestation of its position urging the MMDA to refund the fines it had collected from erring drivers.
Metro Mayors League (MML) spokesman and Pasay City Mayor Wenceslao "Peewee" Trinidad said the decision of the SC to strip the MMDA of its power to implement traffic ticketing system was a "long-standing principle, which we mayors have been raising against MMDA."
Trinidad argued that the legislative power necessary to create an ordinance to implement traffic laws, including confiscation of licenses of erring drivers and collecting fines from them, belongs to the mayors.
"We have maintained the position that legislation is exclusive to local government units and that the MMDA has no legislative power to implement ticketing system," Trinidad told The STAR in an interview.
Trinidad stressed the MMDA should have secured an ordinance from the Metro Manila Council, which is composed of all 17 mayors, or a law from Congress before it implemented its projects.
Among the MMDA programs that do not have supporting ordinances or laws are the Unified Vehicular Volume Reduction Program, Sidewalk Clearing Operations, Organized Bus Route along EDSA, and the Wet Flag Scheme.
For his part, Manila Mayor Lito Ateinza reminded Fernando that the MMDA’s function is limited to planning.
"The MMDA should stop using police powers since they do not have it. It is the LGUs that have it," he said. — With Edu Punay, Aurea Calica, Michael Punongbayan, Evelyn Macairan
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