MMDA v. Garin | G.R. No.

130230 | 03-15-2005 | Jon de Guia the MMDA Traffic Operations Center within forty-eight hours
following the apprehension (although, no threat if he does not do
The case originates from an action for injunction to stop MMDA from so within such period)
confiscating drivers licenses. This is an appeal from RTC Paranaque decision A criminal case would be filed against him should he fail
concerning only questions of law. to redeem his license in thirty days
BRIEFER He was to present the TVR as temporary license for seven
days
Lawyers drivers license was confiscated and a temporary one issued in its o Via letter, and before the TVRs validity expired,2 Atty. Garin asked
place. Aggrieved, he sued MMDA and argued it had no authority to deprive for his license back and said he wants the case to be filed in
licenses, being outside the conferment of the law creating MMDA (also court; his letter was unheeded
remember that, in Admin, the power to stipulate penalties is lodged o Atty. Garin thus filed a complaint with preliminary injunction with
exclusively in Congress) and pre-empting judicial determination of validity of RTC Paranaque
deprivation. SC used the MMDA v. Bel-Air doctrine saying MMDA is not a LGU
and has no legislative powers so it shouldnt be confiscating licenses nor is it ARGUMENTS (RTC LEVEL)
empowered to fix penalties on its own. Atty. Garin MMDA (via OSG)
DOCTRINE Due process violation: Sec. 5(f), RA Said provision confers powers limited
79243 contains no IRR, and grants to fixing, collection, and imposition of
MMDA v. Bel-Air categorically stated that RA 7924 does not grant the MMDA MMDA unbridled discretion to fines and penalties (legislative);
police powerits functions are administrative in nature. MMDA is not an LGU deprive erring motorists of their judiciary retains right to determine
or a Public Corporation endowed with legislative power. Unlike its licenses, pre-empting a judicial penaltys valditiy
determination of the deprivations
predecessor, the Metro Manila Commission, it has no power to enact
validity
ordinances for the welfare of the community.
Same provision constitutes undue While no IRR yet, there was MMDA
xxx
delegation of legislative powers Memorandum Circular No. TT-95-001
Police power, as an inherent attribute of sovereignty, is the power vested by (allows MMDA to fix fines and other
the Constitution in the legislature to make, ordain, and establish all manner of penalties); also, the MMDA
wholesome and reasonable laws, statutes and ordinances, either with Memorandum Circular (in the right
penalties or without, not repugnant to the Constitution, as they shall judge to column) was passed in the absence
be for the good and welfare of the commonwealth, and for the subjects of of a quorum
the same.
xxx
Unlike the legislative bodies of the local government units, there is no provision ISSUE: Does MMDA have the authority to deprive drivers their licenses? (NO)
in RA 7924 that empowers the MMDA or its council to enact ordinances,
CASE ESCALATION
approve resolutions and appropriate funds for the general welfare of the
inhabitants of Metro Manila Clearly, the MMDA is not a political unit of RTC Paranaque:
government.

FACTS 2
Exact amount of time unspecified in the case; but my guess is its before the seven
day period because thats the period when it would work as a valid temporary
o Atty. Dante Garin allegedly parked illegally along a street in
license
Binondo1 3
RA 7924 is the law creating the MMDA; Sec. 5(f) states that MMDA shall install
o He was thus issued a Traffic Violation Receipt (TVR) and his drivers
and administer a single ticketing system, fix, impose and collect fines and penalties
license confiscated; the TVR HEREBY DIRECTED him to report to
for all kinds of violations of traffic rules and regulations, whether moving or
nonmoving in nature, and confiscate and suspend or revoke drivers licenses in the
1
Gandara Street enforcement of such traffic laws and regulations
1
 1. Initially,4 issued TRO extending TVR validity for twenty more days
2. Later5 issued preliminary injunction
3. Then, on a decision on the merits, made permanent the preliminary
injunction on the grounds that
a. Indeed no quorum for MMDA Memorandum Circular No. TT-
95-001
b. Due process violation since not filing (sic) in Court the
complaint of supposed traffic infraction, cannot be justified
by any legislation (and is) unconstitutional
*went straight to SC
*the case appears to have been rendered moot and academic, but MMDA is
not precluded from re-implementing Memorandum Circular No. TT-95-001;
Supervening event is the implementation of Memorandum Circular No. 04, s.
2004, outlining the procedures for the use of the Metropolitan Traffic Ticket
(MTT) scheme:
See DOCTRINE.
Insofar as Sec. 5(f), RA 7924 is understood by the lower court and petitioner to
grant the MMDA the power to confiscate / suspend / revoke drivers licenses
without need of any other legislative enactment, such is an unauthorized
exercise of police power.
Where there is a legislatively enacted traffic law or regulation, MMDA is not
precluded to confiscate / suspend / revoke drivers licenses in the exercise of
its mandate of transport and traffic management.
We are aware of the valiant efforts of MMDA to untangle the increasingly
traffic-snarled roads of Metro Manila. But these laudable intentions are limited
by the MMDAs enabling law.

MTTs are issued in lieu of the TVR (and no longer for the purpose of
having a substitute license) and enforcers may no longer confiscate
drivers licenses; MTTs can be paid off in any Metrobank branch

ARGUMENTS (SC LEVEL)

Atty. Garin MMDA

Earlier argument; No additional Judiciary retains power to determine
support specified validity via licensees act of
appealing the taking, thus, licensee
has three options6
1. Pay the fine voluntarily
2. Protest with MMDA
Adjudication Committee
3. Request referral of the TVR to
the Public Prosecutors Office
Earlier argument; No additional Quorum was present
support
SC didnt state Atty. Garins reply License to operate a motor vehicle is
a privilege, not a property right and
can be taken by the state in the
exercise of its police power

HELD:

4
1995 September 26
5
1995 October 23
6
Under the terms of confiscation (not sure if this means its stated in the TVR)
2