Iloilo City Mayor Jerry Treñas has asserted that local government units (LGUs) have the authority to seize licenses of erring drivers.
The city has an existing ordinance that allows policemen and traffic aides to confiscate driver’s licenses.
“The said ordinance was questioned in court and the constitutionality of the same was upheld,” Treñas said.
“As City Mayor it is my responsibility to implement the provisions of the ordinance thru the traffic aides. We will follow the rule of law,” he added.
According to a legal opinion issued by the Department of Justice (DOJ) on Monday, May 15, “only the LTO (Land Transportation Office) and its deputized agents can confiscate drivers’ licenses, [while] LGUs can only issue traffic citation tickets.”
The opinion of DOJ Secretary Jesus Crispin Remulla was sought by Department of the Interior and Local Government (DILG) Undersecretary for External, Legal, and Legislative Affairs Juan Victor Llamas.
“The opinions of the DOJ and DILG cannot supersede an ordinance duly approved by the city council. The city council is a legislative body duly created by the local government code,” Treñas said.
“There is a process for declaring an ordinance unconstitutional and it is through the courts of Justice. Otherwise, any secretary of the department of Justice or local government can declare an ordinance unconstitutional by mere opinion,” he added.IMT
