Court orders recall of LTO order raising penalties for traffic rule violations

MANILA, Philippines—The Land Transportation Office (LTO) has been ordered to recall a 2008 order that raised penalties for traffic rule violations.

In a five-page decision penned by Judge Antonio Esteves, the Baguio Regional Trail Court (RTC) ruled as unconstitutional LTO Department order 2008-39, which came into effect March 2009. The court also ordered the agency to cease and desist from implementing the order.

The May 2, 2012 decision said the LTO overstepped its authority when it raised 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.”

“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 seen the decision yet.

Under the LTO order, the monetary penalty for driving under the influence of drugs and alcohol was pegged at P10,000 and P5,000, respectively. Other violations covered by the order include driving without a license, carrying a fine of P1,500; driving with an expired license, P400; possessing a fake driver’s license, P2,000; and conviction for a crime perpetrated with the use of a motor vehicle, P3,000.

The LTO order was issued following the issuance of Executive Order No. 218 by former President Joseph Estrada in 2000 entitled “Reactivating the Task Force on Fees and Charges, Expanding its Proposed Rate Increase of Fees and Chargest by National Government Agencies and Government-Owned or Controled Corporations.”

With increasing government revenues as its main goal, the LTO department order should be considered a form of an increase in taxes—a power reserved for Congress, the court decision said.

“It is clear that the intention thereof is to improve revenue collection and revenue targets not only to cover the cost of regulation but as well for social consideration, health, education and other social services,” the court said.

The court decision stemmed from a motion for preliminary injunction filed by the Maria Basa Express Jeepney Operators and Drivers Association against the LTO. Jeepney driver Ribo Diyas, one of the company’s drivers plying the Baguio City-Maria Basa Town route were apprehended for “out-of-line” violations that carried the penalty of P6,000 each per driver.

Militant transport group Pagkakaisa ng mga Tsuper at Operaytors Nationwide (Piston) welcomed the news as it urged administration officials to comply with the Baguio Court’s decision.

“We are hopeful that the government will comply with this decision,” Piston national president George San Mateo said in a statement. He said the group would not hesitate to mount protest actions should its pleas go unheard.