Government wants Baguio court ruling on traffic fines reversed

The government is asking the Baguio Regional Trial Court (RTC) to reverse a ruling that reverted traffic violation fines to pre-2008 levels, arguing that penalties have to properly reflect the gravity of the offense.

The Department of Transportation and Communications (DOTC) has filed a motion for reconsideration for the reversal of the Baguio court’s writ of permanent injunction against its Department Order 2008-39.

The DOTC had issued the order, which raised the fines for traffic violations, to comply with a circular from the Department of Finance and the Department of Budget and Management (Joint Circular 2002-2) directing all government agencies to find ways to increase revenues to bring down the deficit.

In his decision, Judge Antonio Esteves said that since revenue generation was the main purpose of the DOTC order raising the fines, then it should be considered a form of tax—a power that is exclusive to Congress.

The Office of the Solicitor General (OSG), which filed the motion for the DOTC, clarified that the department order was “not primarily a revenue-generation measure, contrary to the RTC’s declaration.”

“As specified in the motion, distinguishing tax and regulation as a form of police power, the determining factor is the purpose of the implemented measure,” the OSG said.

It said the primary purpose of DO 2008-39 was regulation, and revenue was “merely incidental”.

The OSG noted that public consultations were conducted before the ruling was passed and any opposition should have been brought up then.

Public consultations were held on Oct. 3, 2003, and Jan. 11, 2005, attended by members of various jeepney drivers’ and operators’ associations.

The last time the rate schedule of traffic violation fines was revised was in the early 1990s.