By Felix ‘Boy’ Espineda, Jr.
SORSOGON CITY (BicolToday.com/07 Dec. 2011) – In a memorandum City Mayor Leovic Dioneda put on hold City Ordinance No. 029-Series 2011 noting thereat that it violated certain provisions of RA 4136, the Land Transportation Code.
The memo pinpointed the qualification of the Committee on Transportation of the fourth city council to determine the road worthiness of the unit of an MTOP holder and that of the capacity of the permits and licensing personnel to undertake the same. Pursuant to Section 4(d) of RA 4136 in relation to Section 34 thereof, the determination of a motorized vehicle road worthiness should be within the power of the Land Transportation Commission, now the Land Transportation Office, the memo stated, thus inconsistent.
It further argued that Section 62 of the Act was used by the mayor to remand the ordinance to the legilslative. The memo was served to City Vice-Mayor Robert Rodrigueza.
The mayor wants the legal conflict resolve before he signs the ordinance and tasked the legislative to review the said ordinance which was authored by East District Councilor Victorino Daria III and was approved at the time that the vice-mayor was on official business, the acting presiding chair was West District Councilor Nestor Baldon who unknowingly was not appraised by his staff that a Supreme Court decision will affect the approval of the ordinance.
The mayor was referring to the case filed by the LTO against the City of Butuan, decided by the court on January 20, 2000 in favor of the transportation bureau.
When queried, City Councilor Daria considered the memo of Mayor Dioneda as short of a line item veto which he believes was not manifested as such, knowing that most of the members of the fourth city council are his people.
He said that notation forwarded might be a reversible interpretation of the decision of the Supreme Court by the legal staff of the city mayor. In the aforesaid case, Daria noted that the City of Butuan was insisting that the registration of tricycle/trimobile must be delegated to the city government the same with the issuance of the drivers license which is contravening to RA 4136.
He said that before he introduced the measure, he researched its legal impediments and know the existence of the the LTO vs. City of Butuan decision of the Supreme Court, thus he is comfortable that the measure will have the signature of the city mayor, nevertheless, he will take the issue at the plenary. The Sanggunian secretariat likewise are mum about the issue.
The flow or steps in the processing of the MTOP under Ordinance No. 029, Series of 2011 needs the signature of the Chairman of the Committee on Transportation to determine the road worthiness of the motorized vehicle.
The capacity to determine or the technical know how of the committee became a question to City Mayor Dioneda since it did not have the qualified personnel to determine the safety nets of a road worthy vehicle.
Accordingly, this argument was also posited by the Court and it said that additional qualified personnel are needed by the local government to insure standard and quality inspection before a road worthiness clearance be issued.
Prior tot the passage of the Ordinance, the local PNP is responsible in determining the road worthiness of a tricycle when it intends to renew its franchise application.
The Office of the Vice Mayor received the information on November 29, which was also furnished to the Secretary of the Sanggunian Panglungsod same with Councilor Daria. Until such time that this is resolve, the Ordinance Revising the Tricycle Franchising Advisory Council and Establishing Rules and Regulations on Tricycle Operation in the City of Sorsogon(City Ordinance No. 029m, Series of 2011) will be on hold. BicolToday.com
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