MMDA vs GARIN

Summary:
Garin’s driver’s license was confiscated for parking illegally. He was also issued a
traffic violation receipt. Garin filed a complaint and prayed for the issuance of
preliminary injunction in RTC on the ground that there are no implementing rules and
regulation which will enforce sec. 5 (f) of R.A 7924. Garin further contends that the
said section grants MMDA unbridled discretion to confiscate the license of erring
drivers which violates the due process clause. On the other hand, MMDA contends
that having a license to drive is a privilege and not a right that is subject to reasonable
regulation under the police power in the interest of the public safety and welfare.
MMDA further argues that sec. 5(f) of R.A 7924 is self-executory and does not require
the issuance of any implementing regulation. The ISSUE in this case is whether or not
sec. 5(f) of R.A 7924 is valid. The SC HELD that sec. 5(f) is valid. However, the said
section grants MMDA the duty to enforce existing traffic rules and regulation and not
the power to enact ordinances because it does not have police power. Such power is
lodged in the LGUs.

Doctrine:
Any group or body of individuals who do not have legislative powers cannot
exercise police powers.  

Facts:
1. Garin parked illegally and MMDA issued him a traffic violation receipt and
confiscated his driver’s license. He addressed a letter to MMDA chairman
requesting that his driver’s license be returned and that he wants his case to be
filed in court.
2. When he did not receive a reply, he filed a complaint and applied for preliminary
injunction in RTC. His contentions were that MMDA do not have implementing
rules and regulations to enforce sec. 5(f) of R.A 7924 which grants them the
power to confiscate license.
3. Garin further contends that without such rules and regulations, MMDA has
unbridled discretion in confiscating the license of erring drivers which violated
the due process clause.
4. MMDA argues that the powers granted by sec. 5(f) are limited to fixing,
collection, and imposition of fines and penalties for traffic violations. MMDA
further argues that the said section is self-executory.
5. On Aug. 12, 2004 MMDA Chairman Bayani Fernando implemented a
memorandum circular which outlined the procedure for the use of Metropolitan
 Traffic Ticketing scheme. Under the said circular, traffic enforcers may no
longer confiscate driver’s licenses. This circular rendered this case moot and
academic.

Issues Ratio:
W/N sec. 5 (f) of R.A 7924 is valid. YES BUT… (see ratio)

1. Sec. 5(f) of R.A 7924 is valid however, it grants MMDA the duty to enforce
existing traffic rules and regulations and not the power to confiscate and
suspend or revoke drivers’ licenses without any other legislative enactment.
MMDA cannot enact ordinances because it is not given legislative powers by
the Congress. If there is a traffic law or regulation mandating the confiscation of
the license of drivers who violate the law which is enacted by the legislature or
other agencies who was given legislative power, then MMDA can enforce such
law.

Dispositive:
WHEREFORE, the petition is dismissed.