Traffic cops may seize licenses, says city legal office

By Joseph B.A. Marzan

Traffic enforcers and city police officials can still confiscate driver’s licenses in Iloilo City, according to the Iloilo City Legal Office (ICLO), contradicting issuances by national government agencies which have stated otherwise.

ICLO’s Legal Opinion No. 36 Series of 2023, penned by its head Edgardo Gil and lawyer GV Eutiquio Cuñada, said City Ordinance No. 338 was well within the bounds of national law.

They opined that Section 1 of the said ordinance, which is in effect since 1992, was not in conflict with Section 29 of Republic Act No. 4136 (Land Transportation and Traffic Code).

The former refers to the power of traffic enforcers and police officials in the city to confiscate licenses after issuing a traffic citation, while the latter provides for the confiscation of licenses by law enforcement and peace officers of other agencies, for violation of national and local traffic laws and regulations.

Thus, Ordinance No. 338 would remain in effect according to the ICLO, unless it is amended or rendered invalid and unconstitutional by the Supreme Court.

Lawyer Dan Cartagena, who lodged a petition to invalidate the ordinance, which was junked by Branch 26 of the Iloilo City Regional Trial Court in 2017, told Aksyon Radyo Iloilo on Monday that his case has now been elevated to the high court.

The ICLO said there is no conflict between the two laws.

“[T]here is no conflict between Section 29 of Republic Act No. 4136 and Section 1 of Iloilo City Ordinance No. 338, s. 1992; the latter is meant to supplement, not supplant the former. Thus, until and unless Iloilo City Ordinance No. 338, s. 1992 has been declared as unconstitutional and invalid, the Iloilo City Government is duty-bound to enforce and implement the same,” the ICLO stated in its Legal Opinion.

The CLO opinion contradicts Legal Opinion No. 16 s. 2023 issued by Department of Justice (DOJ) Secretary Jesus Crispin Remulla and the September 14, 2022 memorandum by Department of the Interior and Local Government (DILG) Secretary Bejamin Abalos Jr.

Remulla’s opinion affirmed Abalos’ memorandum, which referred to the DILG’s Joint Memorandum Circular (JMC) No. 001 s. 2008 with the then-Department of Transportation and Communications, the predecessor of the Department of Transportation (DOTr).

Provision 3.4 of JMC No. 001 s. 2008, which is based on Section 29 of Rep. Act No. 4136, stated that while local government unit (LGU) enforcers can issue traffic citations, only personnel authorized or deputized by the Land Transportation Office (LTO) can take the licenses.

The ICLO based its opinion on Section 29 of Rep. Act No. 4136, as well as Sections 458(a)(5)(v) and 458(a)(5)(vi) or Rep. Act No. 7160 (Local Government Code, as amended), which provides town or city councils to regulate transportation and vehicular traffic.

They added that Abalos and Remulla, as “alter egos” of President Ferdinand Marcos Jr., only have powers of supervision, and not of control, over LGUs, based on the 1987 Constitution, citing the 2000 case of Pimentel Jr. vs. Aguirre, et.al.

“The Department Secretaries of the DILG and the DOJ, acting as alter egos of the President are equally bound by the limitations imposed upon the President himself, which is the exercise of ‘supervision only, not control’. Verily, the autonomy of the LGU (in this case the Iloilo City Government) cannot be interfered upon, so long as the LGU acts within its powers under the law,” they said.

“[T]he passage and enactment of Iloilo City Ordinance No. 338, s. 1992 is a valid exercise of police power of the Iloilo City Government, and the said ordinance remains to be a valid and good law until now. It has not been nullified or declared as unconstitutional by a court of law,” they added.

The ICLO did note that the city’s continued enforcement of the ordinance may result in a “stalemate” between the city government and the LTO, and recommended the following measures:

–          Continued enforcement of Ordinance No. 338 by the Public Safety and Transportation Management Office (PSTMO) “in such a manner that is consistent and harmonious with other laws regulating traffic” in the national and local levels;

–          Requiring traffic enforcers to record information from the driver’s license upon citation, including type of license, license number, validity of the license, full name, and address;

–          Requiring drivers to surrender their licenses to traffic enforcers upon citation or within the day when they were apprehended, and pay the fine within 48 hours or risk facing charges to be filed with the Municipal Trial Court in Cities (MTCC);

–          Ordering the PSTMO to make a report addressed to the LTO regarding the violation committed by the driver with other important details;

–          Requesting the Assistant Secretary of the DOTr to deputize qualified traffic enforcers of the PSTMO, in ;

–          Coordinating with the Philippine National Police for police assistance and visibility “from any untoward incident” in relation to apprehension of alleged traffic rules violators; and

–          Passage of an ordinance requiring traffic enforcers to wear body cameras to record and apprehensions and preserve recorded videos as evidence against the erring driver.

Under LTO rules, they can deputize local government agents to apprehend violators and seize their driver’s license provided that agent is a regular employee of the LGU.

Iloilo City Mayor Jerry Treñas said that he has told traffic enforcers to “stay put” and follow the ordinance as is, until it may be invalidated by the Supreme Court.