BINAY REMINDS MMDA TO OBEY DECISIONS OF THE SUPREME COURT posted 06/25/2007 01:00 PM MONDAY
Makati Mayor Jejomar C. Binay today reminded the Metropolitan Manila Development Authirity (MMDA) to obey the decisions of the Supreme Court that define the limits of the agency’s powers.
Binay issued this statement after the MMDA said over the weekend that it will now require motorcycle riders to paint their license plate numbers on their helmets. Earlier, the MMDA said it will ban public assemblies, parades, funeral marches and similar activities on national roads.
“The Supreme Court has spoken clearly on the extent of the MMDA’s powers. The agency has no power to legislate. Only the city or municipal councils of the local governments have that power. Chairman Fernando may not like it, but it is the law. As public officials, we should set the example by obeying the law,” Binay said.
“The goals of improving the traffic situation in Metro Manila and fighting criminality do not justify non-compliance with existing laws,” he added.
Binay, a former MMDA chairman, said the resolution of the Metro Manila Council (MMC) has no force of law. In order to implement MMC resolutions, the mayors could ask their local councils to pass the appropriate ordinances, he said.
“The MMDA cannot enforce these resolutions without the appropriate local ordinances. That is the law,” Binay said.
Binay suggested that the mayors could also ask their local councils to deputize the MMDA to implement local ordinances.
“The power of local governments to enact measures to address their local traffic situation has been affirmed by the Supreme Court. The MMDA needs to be deputized by the local governments. Without this, they have no authority to enforce ordinances,” he said.
The Supreme Court, in its decision in the Bel-Air case in 1991, said that the MMDA has no legislative powers, and it is only the city or municipal councils that can pass local laws governing traffic management.
“The power to pass local laws, including laws governing traffic, belongs to the local legislative councils of the local governments. The MMC is a policy making body of the MMDA, which in turn, is a coordinating agency for Metro Manila based on the high tribunal’s ruling,” he said
|
||||
| |
||||
|
View 1 Comment(s) in the forums
|
| Thank God for people like you, Mayor Binay. i am a scooterista and being one, i am directly affected by this. on the issue of face shields, why not require untinted face shields instead. face shields serve to protect the rider and requiring that they be open is unsafe. more power to you, Mayor Binay! Aris from bulacan |
|
06/26/2007 11:10 AM TUESDAY by dy3ris
|