In a five-page decision, Baguio Regional Trial Court (RTC) Judge Antonio Esteves ruled that LTO Department Order 2008-39, which was implemented in March 2009, was unconstitutional.
The court said the LTO overstepped its authority when it adjusted the penalties, with the goal of raising state revenues as its main justification.
“At first glance, the LTO department order appears to be in the nature of a valid exercise of police power by the LTO,” the decision said. “A careful perusal and reading, however, reveals otherwise,” the court said.
“Clearly, the LTO order was neither promulgated to be a disciplinary, nor punitive and preventive measure in the exercise of police powers of the LTO, but rather aimed to generate funds for the government coffers,” it added.
LTO Executive Director Alfonso V. Tan said the agency had not been furnished a copy of the court decision.
Under the LTO order, the penalty for driving under the influence of drugs and alcohol was pegged at P10,000 and P5,000, respectively.