Wednesday, September 24, 2008 City officials sue LTO, DOTC for 'illegal' order By Victor L. Camion
TOP officials of Dumaguete City sued Department of Transportation and Communication (DOTC) and Land Transportation Office (LTO) officers for implementing an alleged illegal order.
Mayor Agustin Perdices and the City Council of Dumaguete headed by Vice Mayor Woodrow Maquiling have filed declaratory relief before the City Prosecutor's Office Monday afternoon against the implementation of Administrative Order (AO) 2008-015 issued by LTO Chief Alberto Suansing.
The questioned AO, dated May 15, 2008, was approved by Transportation and Communication Secretary Leandro Mendoza.
Aside from Secretary Mendoza and Suansing, the charge sheet also includes LTO Regional Director Raul Aguilos and LTO Dumaguete District Chief Ely Cabanag.
The petitioners have asked the court to issue a Temporary Restraining Order (TRO) ordering DOTC and LTO officials to cease and desist from enforcing and implementing the questioned AO.
City officials also asked the court that the order be declared null and void for having been issued without authority of law.
Councilor Rommel Erames, who initiated the move and not Councilor Antonio Remollo as reported earlier, stressed that the AO is now in the process of being implemented by Cebu-based LTO agents who are endlessly harassing motorcycle and scooter drivers in Dumaguete City.
Drivers of motorcycles and scooters are being penalized from P1,000 to P1,500 per alleged violation of the penal provisions of the AO.
Non-wearing of "standard helmet" will be penalized by P1,500 per violation.
Section 1 (h) of AO AHS: 2008-015 provides that the standard helmet is approved by the Department of Trade and Industry (DTI) with PNS-UN ECE 22 marking.
Councilor Erames, however, stressed that the prescribed helmet is not available in the market.
A memorandum issued by Engineer Jesus Motoomull, director of Bureau of Product Standard (BPS), stated the LTO order was implemented without consultation and that even BPS was not able to get a draft or official copy of the AO.
Motoomull stressed that BPS had only known about the AO accidentally during the DOTC Road Safety Board Meeting on June 23, 2008.
In a memorandum dated September 3, 2008 to DTI Undersecretary Zenaida Cuison-Maglaya, Motoomull said during the consultation conducted on July 29, 2008, he informed the LTO and DOTC that there is an implementation phase for PNS UN ECE 22.
Councilor Erames, who is a lawyer by profession, said there is a spontaneous uproar and protest against the questioned AO and its implementation among the citizens of Dumaguete, including him and his co-petitioners. He described the AO as invalid and illegal.
"There is no law upon which Administrative Order AHS: 2008-015 is based," the petitioners alleged in the charge sheet.
City officials maintained there is no law, which authorizes respondents to promulgate rules and regulations for the use and operation of motorcycles on highways.
The law defined "highway" as all public thoroughfares, parks, alley except ground owned by private persons, colleges, and universities, and similar institutions.
"Plainly, when respondents Mendoza and Suansing promulgated 'rules and regulations for the use and operation of motorcycles on highways', they were unlawfully exercising legislative power which appertains exclusively to Congress, a clear violation of principle of separation of powers enshrined in the Constitution," read the charge sheet filed by the city officials of Dumaguete.
