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SC affirms constitutionality of higher fines for erring drivers, operators of ‘colorum’ PUVs
Philippines
National
SC affirms constitutionality of higher fines for erring drivers, operators of ‘colorum’ PUVs
SC affirms constitutionality of higher fines for erring drivers, operators of ‘colorum’ PUVs
Published Mar 15, 2023 09:49 am
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Updated Mar 15, 2023 09:49 am
The Supreme Court (SC) had affirmed the constitutionality of the orders issued by the then Department of Transportation and Communications (DOTC), now Department of Transportation (DOTr), and the Land Transportation Office (LTO) which imposed higher fines for erring drivers and operators of “colorum” public utility vehicles.
In a decision written by Associate Justice Jhosep Y. Lopez, declared constitutional were LTO Department Order No. 2008-39 and its amended version, Joint Administrative Order No. 2014-01, which, the SC stressed, are necessary to promote public safety and welfare.
The SC said: “To aggravate the already pernicious nature of the roads is the proliferation of ‘colorum’ vehicles. As their continued conduct absent requisite authority immeasurably endanger the lives of the riding public, it is necessary for the State, pursuant to its police power devolving unto the DOTC and its agencies, to place reasonable restrictions in the form of higher fees and stricter penalties upon the operation of motor vehicles.” The March 2009 LTO Department Order 2008-39 imposes a penalty of P5,000 on drunk drivers and P10,000 on drivers under the influence of dangerous drugs. The order also imposes fines of P1,500 for driving without a license; P400 for driving with an expired license; P2,000 for possessing a fake driver’s license; P3,000 for conviction for a crime perpetrated with the use of a motor vehicle; and P6,000 for driving a public utility vehicle out of line. On June 2, 2014, DO 2008-39 was superseded by Joint Administrative Order No. 2014-01 -- the Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation -- issued by the LTO and Land Transportation Franchising and Regulatory Board (LTFRB). The 2014 order imposes a fine of P50,000 on public utility jeepneys plying the routes without franchise; P6,000 for motorcycles; P120,000 for sedans; P200,000 for vans; and up to P1 million for buses. As part of penalty, the operator’s certificate of public convenience (CPC) and registration will also be revoked and their vehicles will be impounded for three months. The various orders were challenged in several petitions, which were consolidated by the SC, filed by transport groups. Among the petitioners were the Angat Tsuper Samahan ng Mga Tsuper At Operator ng Pilipinas (Angat Tsuper/Stop and Go) and its affiliate groups; Maria Basa Express Jeepney Operators and Drivers Association Inc; Pagkakaisa ng mga Samahan ng Tsuper at Operators Nationwide (Piston); Ximex Delivery Express, Inc.; National Confederation of Transport Workers Inc. and its affiliate groups. Names respondents were the DOTC, now DOTr, LTO and LTFRB. The petitioners told the SC that DO 2008-39 and JAO No. 2014-01 are unconstitutional for being arbitrary, unreasonable, excessive, confiscatory and oppressive considering that the income of public utility drivers and operators ranged from P100 to P500 per day only. Also, they alleged that the orders were issued in violation of their constitutional right to due process and equal protection clause and not in consonance with the police power of the state. In resolving the issue, the SC said the plea of transport groups to strike down the two orders on the ground of undue delegation of legislative power has no basis. It said that the DOTC, now DOTr, under Executive Order No. 125 issued by then President Corazon C. Aquino has been given power to establish and prescribe rules and regulations for the enforcement of laws governing land transportation, including penalties for violations. It noted that the Administrative Code of 1987 or Executive Order No. 292 also conferred broad rule-making powers to the DOTC, now DOTr. “This Court is more than convinced that DO 2008-39 and JAO No. 2014-01 should not be stricken down as unconstitutional, not having issued with an unfettered discretion without any sufficient standard expressed by the delegating laws,” the SC said. “After all, statutes conferring powers to administrative agencies are to be liberally construed to enable them to discharge their assigned duties in accordance with the legislative purpose,” it also said. It pointed out that the fines and penalties under JAO No. 2014-01 cannot be considered oppressive and arbitrary but “reasonably necessary” for public safety and efficient public transportation. “The rules regulating land transportation designed for the safety and convenience of the riding public must be strictly complied with. Consequently, violations thereof should not be dismissed or slightly treated, lest they breed irreparable disasters,” the SC stressed.
The SC said: “To aggravate the already pernicious nature of the roads is the proliferation of ‘colorum’ vehicles. As their continued conduct absent requisite authority immeasurably endanger the lives of the riding public, it is necessary for the State, pursuant to its police power devolving unto the DOTC and its agencies, to place reasonable restrictions in the form of higher fees and stricter penalties upon the operation of motor vehicles.” The March 2009 LTO Department Order 2008-39 imposes a penalty of P5,000 on drunk drivers and P10,000 on drivers under the influence of dangerous drugs. The order also imposes fines of P1,500 for driving without a license; P400 for driving with an expired license; P2,000 for possessing a fake driver’s license; P3,000 for conviction for a crime perpetrated with the use of a motor vehicle; and P6,000 for driving a public utility vehicle out of line. On June 2, 2014, DO 2008-39 was superseded by Joint Administrative Order No. 2014-01 -- the Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land Transportation -- issued by the LTO and Land Transportation Franchising and Regulatory Board (LTFRB). The 2014 order imposes a fine of P50,000 on public utility jeepneys plying the routes without franchise; P6,000 for motorcycles; P120,000 for sedans; P200,000 for vans; and up to P1 million for buses. As part of penalty, the operator’s certificate of public convenience (CPC) and registration will also be revoked and their vehicles will be impounded for three months. The various orders were challenged in several petitions, which were consolidated by the SC, filed by transport groups. Among the petitioners were the Angat Tsuper Samahan ng Mga Tsuper At Operator ng Pilipinas (Angat Tsuper/Stop and Go) and its affiliate groups; Maria Basa Express Jeepney Operators and Drivers Association Inc; Pagkakaisa ng mga Samahan ng Tsuper at Operators Nationwide (Piston); Ximex Delivery Express, Inc.; National Confederation of Transport Workers Inc. and its affiliate groups. Names respondents were the DOTC, now DOTr, LTO and LTFRB. The petitioners told the SC that DO 2008-39 and JAO No. 2014-01 are unconstitutional for being arbitrary, unreasonable, excessive, confiscatory and oppressive considering that the income of public utility drivers and operators ranged from P100 to P500 per day only. Also, they alleged that the orders were issued in violation of their constitutional right to due process and equal protection clause and not in consonance with the police power of the state. In resolving the issue, the SC said the plea of transport groups to strike down the two orders on the ground of undue delegation of legislative power has no basis. It said that the DOTC, now DOTr, under Executive Order No. 125 issued by then President Corazon C. Aquino has been given power to establish and prescribe rules and regulations for the enforcement of laws governing land transportation, including penalties for violations. It noted that the Administrative Code of 1987 or Executive Order No. 292 also conferred broad rule-making powers to the DOTC, now DOTr. “This Court is more than convinced that DO 2008-39 and JAO No. 2014-01 should not be stricken down as unconstitutional, not having issued with an unfettered discretion without any sufficient standard expressed by the delegating laws,” the SC said. “After all, statutes conferring powers to administrative agencies are to be liberally construed to enable them to discharge their assigned duties in accordance with the legislative purpose,” it also said. It pointed out that the fines and penalties under JAO No. 2014-01 cannot be considered oppressive and arbitrary but “reasonably necessary” for public safety and efficient public transportation. “The rules regulating land transportation designed for the safety and convenience of the riding public must be strictly complied with. Consequently, violations thereof should not be dismissed or slightly treated, lest they breed irreparable disasters,” the SC stressed.