ILOILO City – This city’s Regulation Ordinance No. 338 which authorizes policemen and traffic aides to confiscate driver’s licenses is under review, according to Councilor Sedfrey Cabaluna.
Cabaluna, who chairs the Sangguniang Panlungsod (SP) Committee on Transportation, said the city will seek the guidance of the Department of Interior and Local Government (DILG) following the latter’s memorandum that only the personnel of the Land Transportation Office (LTO) are authorized to confiscate the driver’s licenses of erring motorists.
The city dad said they will introduce amendments if necessary to reconcile the ordinance with the LTO issuance.
Regional Trial Court, Branch 26 previously ruled that the city government’s Transportation Management and Traffic Regulation Office (TMTRO) has the power to confiscate driver’s licenses for certain violations.
In a decision dated May 22, 2017, the court junked for lack of merit the petition of Atty. Daniel Cartagena questioning the validity of Regulation Ordinance No. 338.
The court held, among others, that “Section 62 of Republic Act 4136 juxtapose(s) with Ordinance No. 338, contrary to the concept of the petitioner, there is no conflict between the two provisions and complement each other in the exercise of traffic management.”
Former city administrator, Atty. Hernando C. Galvez was also quoted as saying that “the decision is a manifestation of Iloilo City government’s authority to pass wholesome and reasonable regulations provided under the Local Government Code of 1991. We are happy of the decision.”
Meanwhile, Cabaluna added that they will also wait for the recommendation of the City Legal Office and discuss it with the DILG.
In its memorandum dated Sept. 14, addressing all provincial, city and municipal chief executives and concerned offices, the DILG said that local government units (LGUs) can issue traffic citation tickets but only the LTO and their deputized agents can confiscate drivers’ licenses.
Furthermore, the memo reads that LGUs are directed to review their ordinances, orders, and local policies, to ensure conformity and compliance with the said provision and with the entirety of the DILG-DOTC Joint Memorandum Circular (JMC) No. 01-2008 or the Guidelines in the Review of Local Ordinances, Orders, Rules and Regulations Concerning Public Transportation./PN
