Councilor stands by ordinance on driver's license confiscation

Only the court can stop the Cebu City government from implementing the approved ordinance authorizing the city’s enforcers to confiscate driver’s license of erring motorists.

This was the position of City Councilor Eugenio Gabuya, Jr. who authored the ordinance that the City Council approved last week.

“It’s presumed to be in order and within the bounds of law. It’s only the court that can declare it as unconstitutional or illegal,” he told reporters.

Gabuya said he is willing to answer complaints if there will be someone who will file charges against the approval of the ordinance.

He added that it is a valid exercise of police power in the pursuit for the general welfare of the city’s constituency under the Local Government Code.

Several transport groups have expressed their opposition of the measure, saying that there is nothing under the Land Transportation and Traffic Code that authorizes a local government to pass an ordinance that authorizes the confiscation of a driver’s license.

These transport groups include the Visayas United Drivers Transport and Allied Services Cooperative (VUDTRASCO), Pagkakaisa ng mga Samahan ng Tsuper at Opereytor NationwideCebu (PISTON), Cebu Integrated Transport Service Multipurpose Cooperative (CITRASCO), Alliance of Transport Organization Member Intra-Cebu City (ATOMIC), and Metro Taxi Operators Association.

PISTON-Cebu President Greg Perez said the group will ask the assistance of Land Transportation Office-7 on the newly-approved ordinance.

“Hugot namo nga gibatukan ang ordinansya sa pag sugod pa ana kay tungod nakayatak sa katungod sa mga driver ug gi-labwan pa gyud ang national laws nato sa traffic nga RA. 4136 ug dugang palasunon na sa mga driver,” he told The FREEMAN.

Perez said the group, which has 500 members, will file a petition to the city government not to implement the ordinance.

LTO-7 Director Victor Caindec said the measure is an “interesting legislation” of the city government.

While saying he has yet to read the content of the measure, Caindec said knowing the implementing rules and regulations of the ordinance is important.

“Critical also is how they established the context of ‘proper authority’ based on the LGU Code,” he said.

Sought for comment, Cebu City Transportation Office Head Ismael Garaygay said his office is just waiting for the implementation of the ordinance.

Garaygay, also a lawyer, said the Supreme Court in the case of Metropolitan Development Authority vs Dante O. Garin and Local Government Code had ruled that a license to operate a motor vehicle is a privilege that the state may withhold in the exercise of police power.

The Supreme Court declared that “where a traffic law or regulation is validly enacted by the legislature or those agencies to whom legislative powers have been delegated, the latter is not precluded –and in fact is duty-bound to confiscate and suspend or revoke driver’s licenses in the exercise of its mandate of transport and traffic management...”

Garaygay said the deputation of the LTO is no longer needed because of the approved ordinance.

“Actually nagbuhat nami dugay na but dili man mohatag og deputation ang LTO. Daghan sila’g reasons gi-cite nga daghang mga requirements. Wala man to mamaterialized gud. Karon strikto na ang deputation gud. Naay gipangayo nga requirements,” he added.

He said his office is willing to implement the ordinance, once it is already effective after the signing of the mayor and the publication. –

The passage of an ordinance giving more power to traffic enforcers by allowing them to confiscate driver’s licenses did not sit well with the major transport groups in the city who vowed to question the legality of the local law.