SC asked to junk hiked traffic fines

MANILA, Philippines–Transport groups on Tuesday asked the Supreme Court to stop the Department of Transportation and Communications (DOTC) from implementing an order setting higher penalties for public utility vehicles (PUVs) found in violation of traffic laws.

The groups led by Angat Tsuper Samahan ng mga Tsuper at Operator ng Pilipinas-Genuine Organization (Angat Tsuper/Stop and Go) filed a petition for certiorari and prohibition, with application for a temporary restraining order and writ of preliminary prohibition injunction, against the DOTC’s Joint Administration Order No. 2014-01.

The order, which introduces a revised schedule of fines and penalties for drivers or operators cited for traffic violations, was issued June 4 by the DOTC in an effort to curb vehicular accidents involving PUVs. The new fines are set to take effect June 19.

The petition, filed by Angat Tsuper/Stop and Go president Pascual Magno Jr., named as respondents Transportation Secretary Joseph Abaya, Land Transportation Office chief Alfonso Tan, and Land Transportation and Franchising Regulatory Board Chair Winston Ginez.

In their 18-page petition, the transport groups asked the high court to declare the order unconstitutional. They argued that the respondents committed grave abuse of discretion in issuing the order despite having “no valid delegation of legislative power.”

They noted that the order was enacted and issued by Tan and Ginez and was only approved by Abaya. “In other words, it was not the edict of the DOTC per se but by its attached agencies.”

The LTO and LTFRB, being attached agencies, had no power to establish and prescribe rules and regulations relating to the enforcement of laws governing transportation, the petitioners added.

They also claimed that the respondents committed grave abuse of discretion in issuing “a vague order.” Several provisions on the penalties for colorum, or unregistered, PUJs, for example, did not say who would pay the penalties—the operator or the driver.

They also noted that the DOTC revised the penalties for traffic law violations based on a 2008 department order that was already declared unconstitutional by the Baguio City Regional Trial Court in May 2012 and by the Court of Appeals in November the same year.

The petitioners also held that the increase in the penalties and fines imposed by the DOTC was “excessive, unreasonable and oppressive, and is offensive to the due process clause of the Constitution.”

The latest increase in the penalties was also higher by 1,000 percent compared to those in the 2008 DOTC order, they added.

Under the joint administrative order, colorum PUVs face the following fines: P1 million for bus operators; P200,000 for van and truck operators; P120,000 for sedan operators;  P50,000 for jeepney operators; and P6,000 for motorcycle operators.