Archive for Supreme Court


Posted in Makati Press Release with tags , , , , , , on September 24, 2009 by joselito capariño

REF: MAKATI ICRD , 8998954

A Makati City official today reminded the Metropolitan Manila Development Authority (MMDA) that it does not have the authority to issue traffic violation receipts (TVR) within localities in Metro Manila.

Makati Department of Public Safety (DPS) Director Hermenegildo San Miguel said the MMDA does not have the power to legislate and issue traffic citation tickets without the proper ordinances approved by the city and municipal councils.

“The MMDA is a coordinating agency and not a legislative body. They must abide by the laws of the different localities and must be reminded of its limitations,” San Miguel said.

San Miguel said MMDA Chairman Bayani Fernando was not fully informed when he cited a legal opinion penned by former Justice Secretary Simeon Datumanong that purportedly guaranteed the MMDA’s authority to issue TVRs, in reaction to an order from the Manila city government banning the agancy’s enforcers from issuing TVRs in the city.

San Miguel cited the provisions in the Local Government Code delegating traffic management to mayors and the Supreme Court decision on the case of MMDA vs. Bel-Air.

In its decision, the SC held that the MMDA is not a political government unit and has no power to approve ordinances and impose penalties.

“With all due respect, the opinion of the Justice Secretary cannot supersede the ruling of the Supreme Court, which forms part of the law of the land,” he said

San Miguel also clarified Fernando’s claim that Manila was the only local government unit in Metro Manila where the MMDA is not allowed to issue traffic citation tickets.

He said that Makati City also does not allow the MMDA to issue their TVRs unless they are deputized by the city government.

Deputization is allowed under the Traffic Code of Makati and other local governments in Metro Manila. However, the MMDA refused to be deputized by Makati .

“It seems that the MMDA needs to be reminded that it is merely a coordinating body and has no authority to pass ordinances. This was the ruling of the Supreme Court. Only the local governments have the authority to regulate traffic in their jurisdiction, based on provisions of the Local Government Code,” San Miguel said.



Posted in UNO Press Release with tags , , , , , , , , , , on July 30, 2009 by joselito capariño

JULY 30 2009
Binay: Mabini Lawyer

Makati Mayor and United Opposition (UNO) president Jejomar C. Binay today asked the Judicial and Bar Council (JCB) not to accede to Mrs. Arroyo’s request to include more names in the list of Supreme Court nominees.

“The JBC is an independent body that has already fulfilled its mandate. For Mrs. Arroyo to ask for more names is an affront to the JBC and an attempt by Mrs. Arroyo to assert her power over an independent body,” he said.

Binay said the JBC has gone through the process of reviewing and assessing the qualifications of potential nominees.

“Mrs. Arroyo cannot substitute her judgement over the judgement of a collegial, independent body like the JBC. The JBC should tell Mrs. Arroyo that the list is final,” he said.

Mrs. Arroyo had rejected the six nominees submitted by the JBC fill up the two seats in the Supreme Court left by the retirement of justices Dante Tinga and Alicia Austria-Martinez. Palace officials explained she wanted more names included in the list.

But Binay said Mrs. Arroyo intends to pack the Supreme Court with her political allies, now that the high tribunal is shaping up to be the final battleground for efforts to amend the Constitution. Mrs. Arroyo, whose term expires in 2010, is seen as the main beneficiary of moves in the House to amend the Charter.

“The present Malacanang occupant wants a friendly Supreme Court that will rule in favor of Cha-Cha, allowing her to stay in power beyond 2010, either through term extension or as prime minister under a parliamentary system of government,” he said.

“By rejecting the six nominees, Mrs. Arroyo is saying she cannot count on any of them to support her when the time comes to vote on Cha Cha,” Binay said

The JBC is a Constitutional body mandated by the 1987 Constitution to nominate candidates for appointments to the judiciary, including the Supreme Court. The President cannot appoint to the judiciary anyone not nominated by the JBC.