Commission On Audit: P22-M traffic enforcers’ cut illegal

Do traffic enforcers and their superiors really have to be paid extra to be persuaded to do their jobs?

No way, says the Commission on Audit (COA), which has disallowed the granting of incentives sourced from traffic fines to traffic enforcers and officials of the Metro Manila Development Authority (MMDA).

Traffic enforcers who go after erring motorists and untangle traffic jams are not authorized to collect a commission from the tickets they issue, the COA said in its 2010 report on the MMDA.

It said the MMDA’s grant of incentives amounting to P22.5 million from 2005 to 2010 had no legal basis.

Refund amount

The commanders, district officers and Traffic Operations Center heads who received the incentives should be made to refund the amount, the audit agency said.

It noted that the MMDA had not as yet appealed the COA’s disallowance of the payments which it issued last Jan. 6.

The MMDA, in accordance with an ordinance approved by the Metro Manila Council in 2002, provides incentives to traffic enforcers and enforcement units out of the money it collects from traffic fines and penalties.

The amount is supposed to be a form of assistance or support to motivate the enforcers to effectively manage traffic.

The MMDA justified the ordinance, citing the special provisions in the annual budget for issuing regulations, circulars and ordinances.

Who gets how much

Of the amount collected, 20 percent is given to traffic enforcers, 15 percent to traffic commanders, 10 percent to local government units and 5 percent to traffic enforcement units.

However, the COA noted that the Department of Budget and Management (DBM) had already issued an opinion on Nov. 25, 2005, saying that the MMDA did not appear to have the authority “to grant the subject additional compensation/incentives/financial assistance arising from collections from fines and penalties.”

The opinion was sought by the MMDA itself, as it wanted to know whether or not the Metro Manila Council could give traffic enforcers incentives sourced from traffic fines without prior approval from the DBM.

The DBM said the MMDA charter contained no provision that authorized the use of fines, fees and charges for additional compensation or incentives.

No authority from DBM

It also said the MMDA was not able to get approval from the Civil Service Commission for its Employee Suggestions and Incentives Award Systems.

According to the DBM, while the Metro Manila Council can fix the compensation of MMDA personnel and officers, this does not exempt the agency from the Compensation and Position Classification Act.

Moreover, there are no DBM records to show that it has given the MMDA authority to give financial assistance to traffic enforcement units, it said.

The COA said it could not allow the MMDA practice of granting incentives sourced from traffic fines to continue as it was illegal.