ILOILO City – Mayor Jerry P. Treñas wanted traffic enforcers to prioritize managing the traffic than apprehending violators.
Yesterday, ordered traffic aides to always be in the middle of the road to direct the flow of vehicles.
“There is no need to apprehend violators. It is only important that motorists are assisted and traffic is minimized,” Treñas said.
He also directed Jeck Conlu, chief of the Public Safety and Transportation Management Office (PSTMO) and other PSTMO officials to ensure that his directive is followed.
“We just need to continue making the instructions again and again until it becomes part of the system of our traffic aides. Regular training is important so that everyone is well-equipped,” Treñas stressed.
Meanwhile, in view of the latest legal opinion of the Department of Justice (DOJ) that local government units (LGUs) cannot confiscate driver’s licenses of erring motorists, the city mayor said he will await the opinion of the City Legal Office (CLO) so the city could be guided accordingly.
Earlier, Treñas said the city government will continue enforcing its local ordinance that allows traffic aides to confiscate driver’s licenses despite a contrary opinion of the DOJ.
Justice Secretary Jesus Crispin Remulla, in a legal opinion issued on May 15, said LGUs do not have the authority to confiscate the driver’s licenses of erring motorists.
The DOJ opinion upholds a joint memorandum circular (JMC) of the Department of Transportation and Communications (DOTC) and the Department of Interior and Local Government (DILG) which prohibits LGUs from confiscating driver’s licenses for traffic violations.
However, Treñas emphasized 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 thru the traffic aides, who are under the PSTMO, to confiscate driver’s licenses.
“The said ordinance was questioned in court and the constitutionality of the same was upheld,” Treñas stressed.
The city mayor also maintained that it is his responsibility to implement the ordinance through the traffic aides.
He said the opinions of the DOJ and DILG cannot supersede an ordinance duly approved by the city council.
“The city council is a legislative body duly created by the Local Government Code. There is a process for declaring an ordinance unconstitutional and it is through the courts of justice. Otherwise, any secretary of the Department of Justice or local government can declare an ordinance unconstitutional by mere opinion,” Treñas added.
In a decision dated May 22, 2017, Regional Trial Court (RTC) – Branch 26 ruled that the city government’s TMTRO (Transportation Management and Traffic Regulation Office, old name of PSTMO) has the power to confiscate driver’s licenses for certain violations.
The court junked for lack of merit the petition of Atty. Daniel Cartagena questioning the validity of Regulation Ordinance No. 338./PN
