ILOILO City – The city government got a proposal from a private firm for the digitalization of traffic enforcement.
Mayor Jerry Treñas had a meeting yesterday with representatives of Realtime Data Management based in Ortigas, Pasig City which specializes in data warehousing, system analysis and system customization.
“They presented a comprehensive system proposal to digitalize traffic enforcement in the metro including a handheld equipment so there will be no confiscation of license,” said Treñas.
He shared that using an equipment or gadget worth P10,000 to P20,000 each, traffic violators will be apprehended without confiscating their driver’s license because the data regarding their violation will be directly entered to the system of the Land Transportation Office (LTO).
To note, the company has a partnership with the LTO regarding this program.
“Perhaps this is the direction of the LTO,” said Treñas.
The city mayor said this system could be helpful in enhancing the city’s traffic management. Nevertheless, he said he will wait for the written proposal from the said service provider.
Iloilo City has around 300 traffic enforcers and if this proposal pushes through, each of them will be equipped with the gadget.
There will be a 70-30 sharing in the income. This means that the 70 percent of the payment from the penalties of the erring motorists will go to the service provider while 30 percent will be the city government’s share.
Iloilo City Regulation Ordinance No. 338 allows traffic aides to confiscate driver’s licenses of erring motorists. But this contradicts the opinion of the Department of Justice (DOJ) that local government units (LGUs) do not have the authority to do so.
The DOJ opinion upholds a joint memorandum circular (JMC) of the Department of Transportation and Communications (DOTC) and Department of Interior and Local Government (DILG) which prohibits LGUs from confiscating driver’s licenses for traffic violations.
Relative to this, Councilor Rommel Duron is seeking amendments to Regulation Ordinance No. 338.
For a win-win solution, Duron said he will propose that instead of driver’s license, erring motorists caught have to surrender any valid or government-issued identification (ID) card.
For a specific period, violators will be given time to pay the penalty. If the fail to pay within the given time, the IDs together with the citation tickets will be forwarded to LTO for alarm. As a possible consequence, an erring motorist will not be allowed to renew his driver’s license or vehicle’s registration.
In proposing such, the city councilor cited three national government agencies that say otherwise about the authority of traffic aides to confiscate driver’s licenses.
“Tatlo na ka national agencies ang nagahambal sina kag we are also directed to review our ordinances. I think amo na ang basis nga review-hon naton para ma-harmonize nga wala sang conflict,” said Duron.
The former chair of the city council’s committee on transportation is firm on his stand ever since that technically, traffic enforcers are not authorized to confiscate driver’s licenses.
“Indi lang man na ya akon opinion, opinion ina sang secretary of Justice, DOTr and DILG, and we are under the supervision sang DILG. I think we have to follow and they are directing us to review our ordinance,” he stressed.
The city councilor noted that he consulted fellow councilors regarding his proposal for the said amendments and so far, all agreed.
When sought for his reaction regarding the proposal of Duron, Treñas said he will wait for the City Legal Office opinion.
“Ultimately it is the city legal that is the one that gives legal opinion on issues and not any councilor or the mayor for that matter. The councilors legislate while the mayor implements the laws and ordinances,” said Treñas.
He added that Duron’s proposed ordinance, assuming it will be approved by the city council, can be either approved or vetoed by the mayor.
“The approval or veto of an ordinance is always based on a legal opinion since all ordinances are reviewed and scrutinized by the city legal in the same way that laws are scrutinized by the DOJ or the legal department of Malacanang,” the city mayor added.
Earlier, Treñas invoked that the city has an existing ordinance, particularly Regulation Ordinance No. 338, which was approved by the Iloilo City Council on the authority of the city mayor thru the traffic aides, who are under the Public Safety and Transportation Management Office (PSTMO), to confiscate driver’s licenses.
“The said ordinance was questioned in court and the constitutionality of the same was upheld,” Treñas stressed.
He also maintained that it is his responsibility to implement the ordinance through the traffic aides.
“We will follow the rule of law,” he added.
He said the opinions of the DOJ and DILG cannot supersede an ordinance duly approved by the city council./PN
