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Monday, October 25, 2010

MMDA confiscating driver's license

Here is the question of whether or not the Metro Manila Development Authority (MMDA) can confiscate, suspend, or revoke the driver's license of one who was found to have been violating the traffic law.

Answer:
No, MMDA can neither confiscate nor suspend, much less revoke any driver's license for violation of any traffic law.

Under our Local Government Code of 1991, our Congress delegated police power to the local government units. A local government unit is a "political subdivision of a nation or state," which is constituted by law and has substantial control of local affairs. Local government units are the provinces, cities, municipalities and barangays, which exercise police power through their respective legislative bodies.

Clearly, the MMDA is not a political unit of the government. All its functions are adminsitrative in nature. (MMDA v. Bel-Air Village Ass., G.R. No. 135962, March 27, 2000)

With this in mind, Filipino readers may now realize that MMDA has no power much less authority to confiscate your driver's license.

It is different however with respect to local traffic enforcers (like the yellow boys or the blue boys); for they are exercising the delegated power vested to them by the local government unit concerned.

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