Friday, March 14, 2008 6 metro mayors opposing EO 712 to face suspension
THE six Metro Manila mayors who are against the implementation of Executive Order (EO) 712 issued by President Gloria Macapagal-Arroyo directing the implementation of a single traffic ticketing scheme throughout the metropolis face suspension if they refuse to heed the presidential order.
Metropolitan Manila Development Authority (MMDA) chairman Bayani Fernando issued the warning when asked by reporters to comment on the refusal of the minority mayors to adopt the single ticketing scheme as proposed by the MMDA.
"They may be suspended or charged if they would not abide by the executive order," Fernando said.
Those Metro Manila mayors who refused to implement EO 712 are Mayors Jejomar Binay of Makati, Joseph Victor Ejercito of San Juan, Alfredo Lim of Manila, Tobias Tiangco of Navotas, Freddie Tinga of Taguig, and Wenceslao Trinidad of Pasay City.
Fernando said the Department of the Interior and Local Government (DILG) can issue the sanctions on the mayors for not following a presidential directive.
He said in this instance, the power of the Local Government Code (LGC) will be tested to the six mayors.
He explained that EO 712 is a presidential order, which should be respected by all concerned because the President is bested with the powers to issue such orders for the benefit of the majority.
Fernando said the executive order supersede the local ordinances passed by the local government units (LGUs), thus those who do not follow it have the chances of getting sanctions based on the provision of the LGC.
According to Binay, he would not suspend the city's own traffic code, saying EO 712 is illegal.
He challenged Malacañang to file charges against him and other local chief executives who will not implement the single traffic ticketing system.
"The threat shows gross ignorance of the law. Mrs. Arroyo was surely ill-advised when she signed the executive order. If the administration will file charges against us, then go ahead, make my day," he said.
Binay said EO 712 violates Republic Act (RA) 7160 or the LGC which provides autonomy to LGUs in implementing its own policies including traffic rules and regulations as well as corresponding penalties for violators.
"An executive order cannot supersede a national law," said Binay who is a lawyer adding that "based on the provisions of RA 7160, LGUs have the sole authority to regulate traffic in their respective jurisdictions."
The Makati mayor also cited the rulings of the Supreme Court (SC) several years ago that defined the mandate of the MMDA as a purely administrative agency tasked to coordinate development projects in Metro Manila, which needs ordinances from city or municipal councils before it can implement programs and projects.
The SC rulings also said that the MMDA has no police powers. (AH/Sunnex)
