LTFRB no power to apprehend, impound colorum vehicles – DOJ

MANILA, Philippines — The Land Transportation Franchising and Regulatory Board (LTFRB) has no power to apprehend, impound and dispose colorum or unauthorized public utility vehicles (PUVs).

This was declared by the Department of Justice (DOJ) in a legal opinion sought by Transportation Secretary Jaime Bautista, which was prompted by transport cooperatives who sought clarification about the authority of the LTFRB to deal with colorum PUVs.

“The LTFRB’s authority extends only in cooperating with other government agencies in the apprehension, impounding and disposal of such vehicles,” Justice Secretary Jesus Crispin Remulla wrote in the legal opinion issued on June 6.

The legal opinion runs counter to the Department of Transportation’s position that under the Public Service Act and Land Transportation and Traffic Code (LTTC), as well as previous DOTr issuances and executive orders, the LTFRB is allowed to enforce rules against colorum PUVs.

“We reiterate that without any provision of law granting such power to the LTFRB, it has no authority to exercise such powers. Administrative issuances must be in harmony with the law upon which such issuances are based,” Remulla explained.

Only the Land Transportation Office and Philippine National Police are authorized to enforce traffic laws under the LTTC and Department of the Interior and Local Government Act of 1990.

“Even without the power to enforce the provisions of Executive Order No. 202, the LTFRB may still coordinate with these government agencies to enforce the provisions of the aforementioned issuances,” Remulla said.