MMDA has no police powers
An infrastructure-oriented thinktank urged Special Asistant to the President Christopher ‘Bong’ Go to help resolve the impasse on the driver-only ban.
“We are elated to know that SAP Go has been able to convey to the MMDA the concerns of the public on the driver-only ban. We hope that he can convince the MMDA and the Metro Manila Council (MMC) to indefinitely suspend the ban because aside from the lack of due process, it is our most respectful position that the MMDA and the MMC had absolutely no power under law and regulation to enact this ban on the public.”
This was the statement of Terry Ridon, convenor of Infrawatch PH and former urban poor chief of President Rodrigo Duterte, in reaction to the statement of SAP Go that the MMDA and the MMC will review the driver-only ban.
“We are certain that more than a hundred thousand working families affected by the single-driver ban will be thankful to SAP Bong if he can convince the MMDA not only to reconsider but to immediately suspend the ban.”
MMDA: No police powers
Ridon said that contrary to the defense of the MMDA, the agency nor even the Metro Manila Council (MMC) is absolutely not vested with police power to implement the single-driver ban without corresponding national or local legislation.
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“In several cases decided by the Supreme Court, it has often been repeated that absent any national or local legislation granting powers to the MMDA, it cannot on its own nor even through the MMC enact regulation that is not covered by any law or ordinance. There is not a single syllable in its enabling law – RA No. 7924 – granting MMDA police powers to do what it is currently doing along EDSA.”
Ridon said the agency’s mandate is limited to policy-making and coordination with national government agencies, local government units, and other sectors for the efficient and expeditious delivery of basic services in the metropolitan area.
“This is the reason why the public is truly surprised in the uncanny resolve of the agency to impose its will on hundreds of thousands of affected working families, without due process, and worse, with absolutely no legal basis.”
Ridon said he hopes that with SAP Go’s assistance, the MMDA can urgently be convinced that there are other ways to confront the traffic crisis in Metro Manila.
“The MMDA does not need to wait for the MMC to review the regulation and suspend the ban. In the first place, the regulation itself has no legal basis, notwithstanding the absence of due process in its enactment.”