THE Department of Justice has ruled that the Land Transportation Franchising and Regulatory Board (LTFRB) has no power to apprehend, impound and dispose of colorum or illegal public utility vehicles.
In a legal opinion dated May 30, Justice Secretary Jesus Crispin Remulla contradicted the position of Transportation Secretary Jaime Bautista that the LTFRB has enforcement powers under Commonwealth Act No. 146, also known as the Public Service Act.
“We advise that the LTFRB has no power to apprehend, impound and dispose (of) colorum vehicles. Its authority extends only in the coordination and cooperation with other government agencies in the apprehension, impounding and disposal of such vehicles,” Remulla said in response to a letter from Bautista and the LTFRB asking for the DOJ’s legal opinion on the matter.
Bautista also argued that Executive Order No. 202 which created the LTFRB mandates the agency to promulgate, administer and enforce policies, laws and regulations governing public transportation in the country.
Bautista further explained that CA No. 146 also inferred that the LTFRB has the authority to go after colorum vehicle owners, even if Joint Administrative Order (JAO) 2014-01 which prescribes penalties for violations in connection with transport franchises did not state that the agency has that authority.
He also said the LTFRB is spearheading the government’s crackdown against colorum vehicles as it is the lead agency in the Inter-Agency Council for Traffic or I-ACT.
However, Remulla explained that EO No.202 “does not contain any express(ed) provision which authorizes the LTFRB to apprehend, impound and dispose of colorum vehicles.”
“If there was no express grant of authority to apprehend, impound and dispose of colorum vehicles, could such power be inferred from others of EO No.202? The answer to this is in the negative,” Remulla said.
Remulla further stressed that if EO No. 202 did not expressly grant the LTFRB the power to apprehend, impound and dispose of colorum vehicles, then such powers or authority cannot be inferred from JAO No. 2014-01 as the latter is only an administrative issuance whose “purpose is to provide for the details of the law and serve as a guide in its implementation.”
Remulla said it is the Land Transportation Office and the Traffic Management Unit of the PNP that are authorized to enforce traffic laws and regulations.
He added the LTFRB can only enforce the provisions of EO No. 22 and related laws and regulations if it is deputized by the LTO or the PNP.
