Sol Gen Vs MMA

THE SOLICITOR GENERAL, RODOLFO A. MALAPIRA, STEPHEN A. MONSANTO, DAN R.
CALDERON, and
GRANDY N. TRIESTE, petitioners
vs.
THE METROPOLITAN MANILA AUTHORITY and the MUNICIPALITY OF MANDALUYONG, respondents.
G.R. No. 102782
December 11, 1991
Ponente: CRUZ, J.
Facts:
 Prevailing Jurisprudence: In Metropolitan Traffic Command, West Traffic District vs. Hon.
Arsenio M. Gonong, G.R. No. 91023, promulgated on July 13, 1990: the confiscation of the license
plates of motor vehicles for traffic violations was not among the sanctions that could be imposed by
the Metro Manila Commission under PD 1605 and was permitted only under the conditions laid down
by LOI 43 in the case of stalled vehicles obstructing the public streets, that even the confiscation of
driver's licenses for traffic violations was not directly prescribed by the decree nor was it allowed by the
decree to be imposed by the Commission. No motion for reconsideration of that decision was
submitted.
 The ff cases are all about confiscation of driver’s licenses for alleged traffic violations:
o In his letter dated October 17, 1990, Malapira complained Traffic Enforcer (T.E.) Angel de los
Reyes
o Dec. 18, Caloocan-Manila Drivers and Operators Association ask the court, through a letter,
where they could seek damages and file their complaints
o Feb. 14, 1991, Monsanto complained T.E. A.D. Martinez.
o Mar. 7, Calderon, a lawyer, complained Pat. R.J Tano-an
 Special Case: Removal of license plate and confiscation of driver’s license:
 April 29, 1991, Triste, a lawyer vs E. Ramos by removing front license plate and confiscation of
driver’s license by Pat. A.V.Emmanuel.
 Martinez invokes ordinance no. 7, series of 1988 of Mandaluyong, conferring authority to confiscate
and remove licenses and plates.
 A.V. Emmanuel responds by saying he did such action pursuant to a memorandum dated Feb. 27,
1991 from the District Commander of the Western Traffic District of the Philippine National Police, authorizing
such sanction under certain conditions
 Director General Cesar P. Nazareno of the Philippine National Police assured the Court in his own
Comment that his office had never authorized the removal of the license plates of illegally parked vehicles and
that he had in fact directed full compliance with the above-mentioned decision in a memorandum, copy of which
he attached, entitled Removal of Motor Vehicle License Plates and dated February 28, 1991.
 Pat. R.J. Tano-an argued that the Gonong decision prohibited only the removal of license plates and
not the confiscation of driver's licenses.
 On May 24, 1990, the Metropolitan Manila Authority issued Ordinance No. 11, Series of 1991,
authorizing itself "to detach the license plate/tow and impound attended/ unattended/ abandoned motor vehicles
illegally parked or obstructing the flow of traffic in Metro Manila."
Issue:
 The issue at hand is if the ordinance (11) is still valid given the Gonong Ruling?
Ruling:
 . The question germane to the case is the validity of the exercise of the delegated power.
 In the case at hand, we apply the particular requisites of a valid ordinance as laid down by
the accepted principles governing municipal corporations.
 1) must not contravene the Constitution or any statute;
 2) must not be unfair or oppressive;
 3) must not be partial or discriminatory;
 4) must not prohibit but may regulate trade;
 5) must not be unreasonable; and
 6) must be general and consistent with public policy
 The pertinent and prevailing law, P.D.1605, tells otherwise that said ordinance is against it.
Said ordinance also has the effect of partially repealing a higher law which is not allowed.
 However, it should be duly noted that the Gonong case is for Metropolitan Manila only.
Other provinces are excluded.
 WHEREFORE, judgment is hereby rendered:declaring Ordinance No.11,

Seriesof l991,of theMetropolitan Manila Authority and Ordinance No. 7, Series
of 1988 of the Municipality of Mandaluyong, NULL and VOID; andenjoining all
law enforcement authorities in Metropolitan Manila from removing the license
plates of motor vehicles (except when authorized under LOI 43) and
confiscating driver licenses for traffic violations within the said area.

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THE SOLICITOR GENERAL, RODOLFO A. MALAPIRA, STEPHEN A. MONSANTO, DAN R.

 WHEREFORE, judgment is hereby rendered:declaring Ordinance No.11,

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