CA declares MMDA single-ticket scheme, no-contact policy void

The Court of Appeals (CA) struck down two orders of the Metro Manila Development Authority (MMDA), one imposing a single traffic ticketing system and the other tagging a motorist as a traffic violator without his knowledge.

In a 14-page decision, the CA upheld a Makati court’s decision voiding MMDA Memorandum Circular No. 5 requiring a “no contact apprehension policy” on traffic violators for being contrary to the constitutional right to due process.

The CA also voided the single-ticketing system for traffic violators on grounds that Chairman Bayani Fernando issued MMDA Memorandum Circular No. 4 without a resolution from the Metro Manila Council, as required by law.

“Not infrequently, the government is tempted to take legal shortcuts to solve urgent problems of the people,” read the CA decision.

“But even when government is armed with the best of intention, we cannot allow it to run roughshod over the rule of law. While we hold that the general welfare should be promoted, we stress that it should not be achieved at the expense of the rule of law.”

In the MMDA’s “no contact apprehension policy,” digital cameras were issued to MMDA traffic enforcers to take pictures of traffic violators. The pictures will serve as basis for the issuance of a series of notices to the traffic violator, which details the violation and demands payment of a fine.

“The MMDA was created to put some order in the metropolitan transportation system but unfortunately, the powers granted by its charter are limited,” read the CA decision.

“The promotion of the general welfare is a bit antithetical to the preservation of the rule of law.”

In implementing the single ticketing system, Fernando needs the approval of the Metro Manila Council as required by Republic Act 7294, the law creating the MMDA, the CA said.

The decision was written by Associate Justice Marlene Gonzales-Sison. – Mike Frialde