Law: Is EO 712 legal? (Executive Order 712)

SLEx Traffic.
Photo From: http://img530.imageshack.us/img530/8662/traffic1ic1.jpg

According to Makati Mayor Binay, it is not. But to others, they just followed the orders of the President.

Last March 11,2008, Transport groups agreed to stop their strike and return to the roads after a meeting with government transport officials, radio dzBB reported.

Pending the review by DOTC of the questioned orders, rules and regulations, Mrs Arroyo, through EO 712, directed the Department of Interior and Local Government to advise local government units to suspend:

- the establishment and operations of new and existing transport terminals that charge fees and require compulsory use by public utilityvehicles.

- the enforcement of re-routing schemes that violate the authorized routes provided in the franchise of PUVs;

- the issuance of new tricycle franchises;

- the increase in local fees and charges applicable to public transportation;

- the implementation of local programs, projects, and ordinances that have impact on the cost of operations of public utility vehicles without first coordinating and getting the approval of the DOTC to ensure that these programs, projects and ordinances do not prejudice public interest by way of higher transport fares.

The President also ordered the DOTC to establish a National Land Transport Policy framework, which shall facilitate the modernization of the land transport industry through the promotion of utility services which are environment-friendly and provide assistance to the transport sector through lease-to-own programs, technical assistance, subsidies and the encouragement of the use of alternative fuels and renewable energy.

The EO 712 also paved the way for the implementation of a single ticketing system in Metro Manila in accordance with Republic Act 7924.

The DILG was also directed to establish and implement uniform track ban hours.

Fernando insisted that EO 712 is valid and legal and that the MMDA should enforce the single ticketing system for the issuance of traffic citation tickets to traffic violators.

He said that the authority of the MMDA to enforce the scheme is provided for under RA 7924, which created the MMDA.

He said that contrary to the assertion of those opposed to the scheme, the MMDA law superseded the Local Government Code of 1991 since RA7924 was signed in 1995.

Fernando said he respects the rights of the LGUs to question the legality of EO 712 before the court but he added that the MMDA will pursue implement it.

But eight local chief executives out of the 17 Metro Manila mayors have agreed to reject President’s Arroyo’s EO 712.

This decision was reached on Wednesday during a meeting called by Makati Mayor Jejomar Binay.

Binay said that the MMDA has “no legislative power” to enforce the single traffic ticketing system.

News Sources:
Philippine News
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