MMDA can no longer apprehend erring motorists!

[boybi]

heard over DZMM this morning that the Supreme Court have ruled that the Metro Manila Development Authority (MMDA) does not have the legal capacity to apprehend nor confiscate driver's licenses. sabi ng SC, there was no law passed by congress or city ordinance by the respective LGUs, that empowers the MMDA to do so. this ruling was based on the case filed by one lawyer more than 6 or 7 yrs ago, contesting his apprehension by MMDA enforcers on his alleged illegal parking.

when interviewed by DZMM, Chairman Bayani Fernando said he didn't know there was such case and ruling.

[geebunny]

Wala ba silang authority to apprehend under the law creating the MMDA or restructuring the MMA? Anyway as the word "Development" connotes, they should only develop the Metropolis. Unless, it is speciied in that law na kasama ang traffic enforcement/apprehension.

[ts1n1ta]

hala bat clueless si Chairman jan.....

[baurtwellXUV]

tama lang yan na hindi na sila pwedeng manghuli.. hahaha! bakit nga ba hindi alam ni bayani yan?!

[silhouette]

'no legal capacity to apprehend?'. eh di babastusin na lang yang mga yan sa daan. tsk tsk tsk.

[Field Master]

Yun title ng thread ERRING MOTORISTS. Parang yun nagkakamali lang talaga ang iniistorbo nila ha.

[ILuvDetailing]

Medyo nakakalito yung systema nila... walang uniformity. ayaw sundin ni Mayor Binay at ni Mayor Trinidad ang mga SOP, may kanya kanya silang patakaran.

[boybi]

hala bat clueless si Chairman jan.....

hindi pa kasi si BF ang chairman nung time na nagdemanda yung lawyer. pero dapat alam ito ng legal department ng MMDA.

[baurtwellXUV]

at dapat nainform na si bayani about that. kanya kanya silang estilo ng panghuhuli. kung baga paraparaan ng mga tauhan yan. kung paano makahuli...

[kurt]

i think this ruling is not good for the motorists and pedestrians. the sc ruling could be right based on the documents or laws we currently have.

but in fairness to mmda, they have been "developing": or experimenting with ways to better the metro manila driving experience. like the no contact huli, redemption at metrobank branches, discipilne on the pedestrians etc.

buti pa sana pero cameras and mga roads natin para caught in the act ang mga violators.

an example, enforcers i observed still need to continuosly shout at public ransport vehicles to quickly unload-load and keep the traffik flow moving. pag na ka tinign sa iba ang enforcer, hala parada ng matagal bus-jeep, ka trapik tuloy lalo na sa mga bungad ng intersections.

[DeltaBravo]

MMDA to appeal SC ruling; BF unaware of the case


The Metro Manila Development Authority (MMDA) on Tuesday said it will appeal the Supreme Court (SC) ruling clipping its powers to issue traffic-violation receipts and confiscate drivers' licenses.

"Mag-a-appeal kami sa Supreme Court dahil sa mukhang sa tingin ko ay hindi yata tama 'yon, aapela kami (We will appeal before the Supreme Court because in my view, this is not right)," MMDA Chairman Bayani Fernando told DZMM's morning program "Tambalang Failon at Sanchez."

The Supreme Court earlier stripped the MMDA of its power to issue traffic-violation receipts (TVRs) and confiscate drivers’ license, saying the agency has no police power under the law. The ruling said Section 5F of Republic Act 7924, the law creating the MMDA, which authorizes the agency to confiscate, suspend or revoke drivers’ licenses, is an "unauthorized exercise of police power."

Fernando said the MMDA was even unaware there was such a case filed before the Court's five-man Second Division.

In fact, Fernando said, the MMDA has not received a copy of the Supreme Court ruling.

"Wala pa akong nakikitang order, kung may order sila kung anuman hindi ko nalalaman sapagkat alam ko hindi naman basta puwedeng ipatigil naman ng korte ng ganun-ganun sapagkat sino ang manghuhuli niyan sa ating mga kalye. Magpipiyesta ang lahat ng driver (I haven't seen a copy of the order. If they (Supreme Court) have an order, I have no knowledge of it. As far as I know, they can't just stop us just like that. Who will be there in the streets? All drivers will have a field day on this)," Fernando said.

The Supreme Court ruling, he said, also had direct impact on all MMDA operations. It will affect all of the agency's traffic policies such as number-coding, the pink fences, and the wet rag scheme, among others.

He added the high tribunal's ruling had rendered the MMDA "useless" and without authority to even have control of its own budgetary allocations, much less pay wages of MMDA employees.

Fernando also stated he is in favor of amending the charter of the MMDA in light of the Supreme Court ruling.

Businessman Dante Garin, a lawyer by profession, filed the case six years ago after he was apprehended by MMDA personnel in Manila for parking violations. He first filed the case before the Regional Trial Court of Parañaque, where he's a resident, and won.

[ILuvDetailing]

What ever happened to the no license confiscation policy?

[manolet01]

an example, enforcers i observed still need to continuosly shout at public ransport vehicles to quickly unload-load and keep the traffik flow moving. pag na ka tinign sa iba ang enforcer, hala parada ng matagal bus-jeep, ka trapik tuloy lalo na sa mga bungad ng intersections.

I think buses and jeepneys will take traffic enforcers more seriously if they themselves would take their job seriously. Its a bit frustrating to see buses crisscrossed along EDSA and all these traffic enforcers do is just stand by or at most, form human lanes and vainly wave these buses forward. It these buses blatantly ignore traffic rules and regulations, then issue them a ticket.

[BlueBimmer]

mmda should issue nailguns to the enforcers wherein if the bus or jeep wont comply immediately, nailgun katapat sa gulong haha jst kdding

[baurtwellXUV]

iba iba kasi ang mga ugali ng mga enforcers. sa nakikita ko sa edsa ok naman yung operation nila. hindi nagjajam ang mga vehicles. sa mga iba naman wala na silang paki na kung magstay ng matagal ang jeep sa may kanto...

[geebunny]

MMDA traffic enforcers are useless along EDSA/New York, Cubao. They allow buses to encroach outside the bus lane then they would squeeze to return to the bus lane approaching the pink fence. So, nabubuntis yung bus queues and nagiging bottleneck ang area causing so much traffic. Ayaw naman hulihin ng MMDA yung violators. Pag private car naman ang pumasok sa bus lane, huli kaagad.

[Monseratto]

MMDA has no legal capacity to create law or EO and no police power to implement according to the Supreme Court. Kaya in legal limbo ngayon lahat ang ordinance ng MMDA. Dapat ba natin sundin ngayon yung coding scheme since this law is illegal and MMDA has no right to apprehend? And what about all the penalties that were collected? Should this be returned to the "erring" citizen?

[Bogeyman]

Saw it in the news kanina.

Basically, Fernando's contention is that the specific Supreme Court ruling in question only covers the issue of license confiscation i.e. bawal na ang pagkuha ng lisensiya ng mga erring drivers. He asserts that all other operations of the MMDA, especially the vehicular coding scheme, are still in full effect. Kaya sa madaling salita, tuloy pa rin ang panghuhuli sa mga violators.

If anyone wants to challenge the rest of the MMDA's ordinances, separate cases must be filed against them in court. And even if all of the MMDA's ordinances were legally contested and eventually debunked by the Supreme Court, the MMDA still has 15 days to file a motion for reconsideration, until the high tribunal either overturns its decision or declares its original verdict as final and executory.

Meanwhile, the Supreme Court indeed says that the MMDA does not have the authority to wield police powers, and that the MMDA's responsibilities should be merely administrative in nature, under Republic Act 7924. It adds that the MMDA must base its regulations on an existing city ordinance that came from a legitimate source, in this case the local government units:

- Section 1 of RA 7924 prescribes that the development authority assigned to oversee the efficient delivery of goods and services within Metro Manila should not encroach the authority of the local government units.

- Section 4 specifically states that the Metro Manila Council, composed of the heads of the Metro Manila LGUs, shall be the legally-recognized governing and policy-making body of the MMDA. In other words, hindi pwedeng kumilos ang MMDA without the approval of the city mayors.

- Section 5C of the Act adds that while the MMDA can initiate its own programs to ensure the execution of its mandate, it must still have the approval of the mayors.

- Section 6 further empowers the Metro Manila mayors by giving them control over the annual budget allocation of the MMDA, aside from being the governing body responsible for approving/rejecting MMDA-initiated ordinances/projects.

- Finally, Section 9 declares that the MMDA must coordinate closely with the local government units in carrying out its duties, not to mention NEDA, DBM, DOTC, DPWH, DPWH, HUDCC, PNP, people's organizations (PO), non-government organizations (NGOs) and the private sector. Andaming dapat kausapin ng MMDA, 'no?

In light of recent developments, hindi muna ako magbabaka-sakali. Mahirap na. I'll still look at the MMDA's ordinances as legal and valid until the Supreme Court finally says otherwise.

[morrissey_05]

Saw it in the news kanina.

Basically, Fernando's contention is that the specific Supreme Court ruling in question only covers the issue of license confiscation i.e. bawal na ang pagkuha ng lisensiya ng mga erring drivers. He asserts that all other operations of the MMDA, especially the vehicular coding scheme, are still in full effect. Kaya sa madaling salita, tuloy pa rin ang panghuhuli sa mga violators.


In light of recent developments, hindi muna ako magbabaka-sakali. Mahirap na. I'll still look at the MMDA's ordinances as legal and valid until the Supreme Court finally says otherwise.

saw it in the news kanina rin. but the MMDA has imposed the "no confiscation" policy na since August last year. di nga lang sinusunod ng ibang cities like Makati, where Binay has establish his own fiefdom.

i think its prudent for us to follow all the MMDA ordinances until the Supreme Court says categorically they are illegal.

Tsaka sabi ni Bayani kanina na the SC order pertains only to that particular case filed by the lawyer in Paranaque. pero it also "reminded" Bayani that the MMDA should institute and implement programs backed up by a law or a city ordinance. e sabi ni Bayani Congress gave the MMDA that power. he also stressed all their ordinances are based on a law.

[morrissey_05]

an example, enforcers i observed still need to continuosly shout at public ransport vehicles to quickly unload-load and keep the traffik flow moving. pag na ka tinign sa iba ang enforcer, hala parada ng matagal bus-jeep, ka trapik tuloy lalo na sa mga bungad ng intersections.

I think buses and jeepneys will take traffic enforcers more seriously if they themselves would take their job seriously. Its a bit frustrating to see buses crisscrossed along EDSA and all these traffic enforcers do is just stand by or at most, form human lanes and vainly wave these buses forward. It these buses blatantly ignore traffic rules and regulations, then issue them a ticket.

i would concur with this. i think the MMDA is serious about fixing traffic i know of a few occassions where MMDA officials berated traffic enforcers not doing their jobs, di nga lang in public. problem is, they have idiotic and corrupt enforcers who are out only to make a fast buck, and nothing else.