CA upholds higher penalties for traffic violations

The Court of Appeals ( CA) has upheld the legality of a Land Transportation Office ( LTO) order imposing higher penalties for traffic violations.

In a 17-page decision, the 10th Division of the appellate court dismissed the petition filed by 1- United Transport Koalisyon ( 1- UTAK) questioning the implementation of LTO Department Order No. 2008-39.

It affirmed the 2013 decision of the Mandaluyong City regional trial court dismissing the petition for injunction filed by 1-UTAK.

The CA stressed that the LTO order was a valid exercise of the government police power by regulating, through increased fines and penalties, the conduct of drivers and owners concerning their vehicles to protect the wellbeing of passengers. “There exists no absolute right to drive. On the contrary, it is a privilege heavily regulated,” read the ruling penned by Associate Justice Zen aida Galapate- Laguilles.

Likewise, the appellate court ruled that the LTO order was not usurpation of Congress’ power to tax.

“Department Order No. 2008-39 indeed imposes administrative fees, charges, fines and penalties. These raise revenues, just as levied taxes would. But such are merely incidental and hardly the primary purpose for which they were imposed. Department Order No. 200839 enforces administrative fees, charges, fines and penalties principally as regulatory measures and deterrents,” the CA pointed out.

Associate Justices Mariflor Punzalan Castillo and Florito Macalino concurred with the ruling.

The assailed LTO order, which came into effect in March 2009, imposed a penalty of P5,000 on drunk drivers and P10,000 on drivers under the influence of drugs.

It also imposed 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 of a crime perpetrated with the use of a motor vehicle; and P6,000 for driving a public utility vehicle out of line.

In June 2014, the LTO order was superseded by Joint Administrative Order No. 2014- 01 issued by the LTO and Land Transportation Franchising and Regulatory Board, which further revised the schedule of fines and penalties for violations of laws governing land transportation services and the procedures for apprehension and resolution of cases.