Traffic MOA up between city, LTO

ILOILO CITY – A memorandum of agreement (MOA) on traffic policy between the city government here and Land Transportation Office (LTO) is being finalized soon to ease out disagreements over traffic implementation in this highly urbanized southern city.

This was announced by city mayor Jerry P. Treñas after talking to LTO chief, Gen Arturo Lomibao over the powers of the city government in implementing traffic rules and regulations through a local law mandated by the local government code and that of a joint memorandum of LTO and DOTC.

Miffed over continued rejection of the LTO regional office based in this city over the local traffic laws enacted by the Sangguniang Panlungsod, the city mayor said the problem can be carried about by diplomacy.

“Unless the traffic problem is sufficiently proven in court, I am not to buckle down and I have to show my fangs. Kon gamuhon nila kag gusto nila ang inaway, ti away ta eh,” Treñas said his message to LTO.

A precedent was recently decided by the Court of Appeals (CA) after denying a petition for certiorari filed by LTO officials questioning the order of the Quezon City regional trial court in ordering LTO to enjoin from enforcing Memorandum Circular 33, Special Order 101-A, Special Order 101-1RM and MC 89-105 in so far as confiscation and removal of license plates are concerned.

The CA said the LTO memorandum circular is invalid for going beyond the terms and provisions of the law. The power cannot be extended to amending or expanding the statutory requirements or to embrace matters not covered by the statute and rules that subvert the statute cannot be sanctioned, the CA said.

City councilor Erwin Plagata, chair of the SP committee on police matters said that LTO has no authority to confiscate license plates of vehicles of any traffic violators since Republic Act 136 or the Land Transportation and Traffic Code does not empower LTO to confiscate license plates.

He said the memorandum of LTO advising vehicle drivers to follow the order set forth by the national office could not be over and above the law on traffic of the city government.

by Lydia C. Pendon