Ducky Paredes

Malaya (12.29.05)
“Isn’t it clear that the MMDA can ‘administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic rules and regulations’? That is not police power?”

The MMDA and Freon Laws

by Ducky Paredes

The law that created the Metro Manila Development Authority (RA 7924) has this to say about the MMDA’s powers regarding traffic in the Metro Manila area:

“The MMDA shall set the policies concerning traffic in Metro Manila, and shall coordinate and regulate the implementation of all programs and projects concerning traffic management, specifically pertaining to enforcement, engineering and education. Upon request, it shall be extended assistance and cooperation, including but not limited to, assignment of personnel, by all other government agencies and offices concerned;
“Install and administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic rules and regulations, whether moving or non-moving in nature, and confiscate and suspend or revoke drivers’ licenses in the enforcement of such traffic laws and regulations, the provisions of RA 4136 and PD 1605 to the contrary notwithstanding. For this purpose, the Authority shall impose all traffic laws and regulations in Metro Manila, through its traffic operation center, and may deputize members of the PNP, traffic enforcers of local government units, duly licensed security guards, or members of non-governmental organizations to whom may be delegated certain authority, subject to such conditions and requirements as the Authority may impose.”
That, being the case, how can the Supreme Court say that the MMDA has no police powers? Isn’t it clear that the MMDA can “administer a single ticketing system, fix, impose and collect fines and penalties for all kinds of violations of traffic rules and regulations”? That is not police power? The MMDA also “may deputize members of the PNP, traffic enforcers of local government units, duly licensed security guards, or members of non-governmental organizations.” Not only does the MMDA have police powers, it can even deputize others!
But this is not too strange. Remember that the SC once ruled that there was no authority to collect tolls on the South Luzon Expressway. So, the fees were stopped. What happened next was total chaos. Everybody and his brother cut through the wire fences and created ingress and egress to and from the expressway to their streets. Pretty soon, the road was near impassable. Eventually, after months of curses from motorists, without anyone filing anything, the SC took the case up again and reversed itself.
If Chairman Bayani Fernando and the MMDA were to stop altogether their ticketing and policing of the traffic in Metro Manila, the same thing would happen all over again. Of course, Bayani will not give up the job that he has been doing. He will surely ask the Court to look at this again while continuing to do the work that he does best – taking care of Metro Manila’s traffic, sidewalks and related matters. Yet, perhaps the best way to convince the Court to reverse itself is by allowing traffic to get so bad that even the Justices’ movements become as sorely affected as those of us ordinary suffering citizens. No one will get to their appointments on time and the streets will return to anarchy. Then, perhaps, the Justices will see their way through to allowing the MMDA law to do its job!

One silly congressman says that the MMDA “does nothing but doubles the functions of the local government units. The Court’s decision gives even greater credibility to my call for the abolition of the MMDA. Its charter is outdated and ambiguous. The duplication of powers between the MMDA and the LGUs has caused confusion and chaos in Metro Manila.”
I believe that most residents of Metro Manila cannot be coerced into agreeing with the congressman. The truth is that traffic is much lighter and moving faster because of Bayani and the MMDA. Take that away and what we will get is chaos!
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The Anti-Freon regulation that the Land Transportation Office will impose beginning January 1, 1966 is silly and illogical.
According to the press release of the LTO itself, “LTO chief Anneli Lontoc said motorists using air-conditioned vehicles with models 1999 and above will have to immediately comply with the law.
“On the other hand, Lontoc said that air-conditioned vehicles with models 1998 and below still have until 2012 to comply.”
Those vehicles that do not comply will not be registered.

Why is this illogical? What the LTOI is looking for are air-conditioning units that use Freon. The reason for this is that Freon releases chlorine in the air, which is suspected as one of the main causes for the depletion of the ozone. Without the ozone, huge amounts of ultraviolet rays will bombard the earth and kill us all with skin cancer.
According to the Montreal Protocol, which is the reason why the LTO is imposing the new rule, developed countries (which are the only ones that produces vehicles) had to stop producing and using Freon since December 31, 1995! Thus, cars that we import from developed countries have already been off Freon way before 1999!
So, what are they looking for? Do they suspect that one will buy a brand-new car and change the air-con with one from a pre-1995 car? Why would anyone do something as silly as that? Why would a car owner convert to Freon when there are better, cleaner refrigerants that also do the job?
As for those definitely on Freon, which were manufactured before 1996, why are these vehicles given up to 2012 to comply? Have them change to a non-Freon refrigerant now!
Like so many things that the Gloria government does, this LTO regulation makes absolutely no sense at all!
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Readers who missed a column can go to http://ducky.paredes-ohana.org. Your reactions are welcome at duckyparedes@gmail.com.

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hvp (12.28.05)

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