Respondent Garin was issued a
traffic violation receipt and his driver’s license was confiscated
for parking illegally. Garin wrote MMDA Chairman Prospero Oreta
requesting the return of his license and expressed his preference for
case to be filed in Court. Without an immediate reply from the reply
from the Chairman, Garin filed a complaint for preliminary injunction
assailing among other that Sec 5(+) of
RA 7942 violates the constitutional prohibition against undue delegation of legislative authority, allowing MMDA to fix and impose unspecified and unlimited fines and penalties. RTC rules in his favor directing MMDA to return Garin’s driver’s license and for MMDA to desist from confiscating driver’s license without first giving the driver to opportunity to be heard in an appropriate proceeding.
RA 7942 violates the constitutional prohibition against undue delegation of legislative authority, allowing MMDA to fix and impose unspecified and unlimited fines and penalties. RTC rules in his favor directing MMDA to return Garin’s driver’s license and for MMDA to desist from confiscating driver’s license without first giving the driver to opportunity to be heard in an appropriate proceeding.
ISSUE:
Whether or not Sec 5(+) of RA 7942 which authorizes MMDA to confiscate and suspend or revoke driver’s license in the enforcement of traffic constitutional.
RULING:
The MMDA is not vested with police power. It was concluded that MMDA is not a local government unit or a public corporation endowed with legislative power and it has no power to enact ordinances for the welfare of the community.
Police power as an inherent attribute of sovereignty is the power vested in the legislative to make, ordain and establish all manner of wholesome and reasonable laws, statutes and ordinances either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and for subjects of the same.
There is no provision in RA 7942 that empowers MMDA or its council to “enact ordinances, approve resolutions and appropriate funds for the general welfare of the inhabitants of Metro Manila. All its functions are administrative in nature. It is an agency created for the purpose of laying down policies and coordinating with the various national government agencies, P.O., NGO’s and private sector for the efficient and expeditious delivery of services.”