Above the Law
It was surprising that some local
government unit’s are still playing themselves to be above the law by
confiscating Driver’s License for violation of local ordinances on traffic.
This is after the fact that the supreme court in its en banc decision (G.R. No. 102782. December 11, 1991 and G.R. No. 91023. July 13, 1990 ) had affirmed the decision of Judge Arsenio Gonong
for enjoining the Metropolitan Manila Authority from detaching, removing and
confiscating license plates and confiscating the driver’s license of drivers of
motor vehicles. Finally, it declares that Ordinance No. 11, Series of 1991 of
Metropolitan Manila Authority and Ordinance No. 7, Series of 1988 of the Municipality of Mandaluyong NULL
By
doctrine of precedent (stare decicis), the supreme court ruling becomes part of
the law and hence should be followed and adhered to by the lower court, and no
less by the national government agencies that are expected to enforce them including
the local government. The notable features
of the supreme court decisions, to wit; it held that the traffic ordinances
were enacted beyond the powers (ultra vires) of the local government unit and
the MMDA; the above-cited two (2) ordinances represented an invalid exercised
of the delegated power and it violated existing laws and statutes, specifically
P.D. 1605, which does not permit and so impliedly prohibit the detaching,
removing, and confiscation of license plates and confiscation of driver’s license
of drivers of motor vehicle; local political subdivisions are able to legislate
only by virtue of a valid delegation of legislative power from the national
legislature (except only that the power to create their own sources of revenue
and to levy taxes is conferred by the Constitution itself) since they are mere
agents vested with what is called the power of subordinate legislation. As
delegates of the Congress, the local government unit cannot contravene but must
obey at all times the will of their principal.
On
the premises mentioned, even the temporary confiscation of driver’s licenses by
private subdivisions upon ingress has no legal basis and may even be violative
of existing laws. Its perpetration prosper due to ignorance or
tolerance by the drivers of motor vehicle themselves. By all measure, the
driver’s license may only be confiscated by / or surrendered to the issuing
agency which is the Land Transportation
Office (LTO), subject to existing rules. Remember that a driver’s license is a
private property. It is your personal property and it will be up to you if you would rather relinquish your right over that property for convenience and expediency. But in case, you would want to assert your
right, it is clear that the law is on your side.
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