SC ruling on NCR traffic violation apprehension not yet executory; MMDA urges motorists not to argue with local enforcers

Local enforcers of all local government units (LGUs) in the National Capital Region can still issue traffic violations to erring motorists as the Supreme Court ruling that prohibits them to do so is not yet final and executory, the Metropolitan Manila Development Authority (MMDA) clarified on Wednesday, March 6.

MMDA chairman Don Artes issued the clarification in a bid to prevent cases of heated arguments between motorists and local traffic enforcers in connection with the High Court decision that stemmed from a case filed by transport groups.

“To the motorists, if you would be apprehended for any traffic violation by local enforcers, please refrain from arguing with them citing the Supreme Court decision because this is not yet final and executory,” said Artes in a press briefing on Wednesday. 

He said there are still legal remedies that can be pursued and that each of the respondents on the case is given 15 days to file a motion for reconsideration.

According to Artes, the motion for reconsideration may probably be filed by Metro Manila LGUs since their local authority was affected by the ruling as the High Court recognized the power of the MMDA to legislate traffic rules that should be adopted by all LGUs in the National Capital Region (NCR).

While Artes admitted that the Supreme Court ruling is favorable to the MMDA, he said this may create negative effects as far as the enforcement of the traffic laws by each LGUs in Metro Manila.

For one, he said each LGU in Metro Manila has specific needs on traffic regulations and enforcement that cannot be encapsulated in any general traffic code that would be crafted and implemented by the MMDA.

He cited the case of tricycle regulations as an example.

Another one, he said, is that not all LGUs in Metro Manila are implementing the number coding scheme and therefore, any attempt to have a uniform code on the matter would affect the LGUs which do not actually need it.

The most important aspect of the need for MMDA and NCR-LGUs cooperation as far as the traffic rules and regulations is concerned, according to Artes, is that the MMDA has no sufficient manpower to implement the traffic laws in the entire Metro Manila.  

“We cannot do it. We need the local traffic enforcers in the implementation especially in inner roads in their respective areas,” said Artes.

Background

The recent Supreme Court ruling, according to Artes, reversed the previous decision which states that the MMDA has a mere administrative prerogative in terms of traffic management in Metro Manila.

The previous High Court ruling actually recognized the local autonomy and power of each LGUs in terms of managing the traffic in their respective areas of jurisdiction.

With the recent decision, Artes said the High Court now recognized the authority of the MMDA to legislate rules and regulations that should be adopted by the LGUs in Metro Manila. 

This is where the problem may arise, according to Artes, since each LGU has its own peculiar traffic situation and management system.

The power of the MMDA through the Metro Manila Traffic Code was discussed in the decision along with the implementation of the Single Ticketing System (STS), which the Supreme Court said the way it should be in order to have a uniform traffic implementation and management scheme in Metro Manila.

Prior to the recent Supreme Court ruling, any traffic-related regulations that would be implemented in Metro Manila must be done through a resolution of the Metro Manila Council (MMC) composed of all the 17 mayors in the NCR. 

But the MMC resolution, in order to be uniformly implemented in NCR, must be given a go by City and Municipal (Pateros) councils through an ordinance adopting the same resolution.

With the recent SC decision, Artes said that any traffic regulations in Metro Manila does not need such process as the sole authority of MMDA to legislate was recognized.

Single Ticketing System 

In January last year, the MMDA and the MMC approved the Metro Manila Traffic Code which includes the Single Ticketing System (STS).

The STS identified at least 20 common traffic violations based on the data of the MMDA and came up with uniform penalties that would be implemented by all LGUs in Metro Manila--among them are among them are disregarding traffic signs, illegal parking, number coding violation, truck ban, tricycle ban, obstruction, defective. motor vehicle accessories, overloading, and reckless driving.

Under the project, the MMDA will shoulder all the expenses on the equipment and hardware that will be used by the local traffic enforcers, including the system that would connect them to the system of the Land Transportation Office.

Artes said the STS is now at 90 percent implementation, adding that there are only two LGUs in Metro Manila which are yet to iron out the connectivity glitches. But he expects its full implementation in the two LGUs within this month.  

Preparations

Artes said he will meet with all the legal officers of the 17 LGUs in Metro Manila to discuss the Supreme Court ruling and its impact on their autonomy to manage traffic in their areas.

He said the meeting will also be in preparation for a worst case scenario when the Supreme Court would junk the motion for reconsideration and eventually implement the ruling—which also focuses on barring local enforcers from issuing traffic violations and confiscating driver’s license of errant motorists.

“We have no problem with the confiscation of the driver’s license since the DILG (Department of the Interior and Local Government) has already issued a memorandum that prohibits LGU traffic enforcers from doing so,” said Artes.

He said the main points of discussion is on how to maximize the manpower of local traffic enforcers should the High Court remain firm in its ruling, especially that local traffic enforcers are not as trained as MMDA enforcers.