WHEN it is clearly a violation of the law should an LGU ordinance still be enforced?

This is the question of many motorists in the Manila LGU in the ongoing investigation of driver’s licenses by their enforcers based on ordinance 8092.

Manila LGU lawyer said – PRESUMED VALID unless declared unconstitutional by the court. That means because Manila has the power to enforce their ordinance ONLY A JUDGE CAN STOP THEM. So an ordinance cannot be invalidated by just a DILG Memo.

The current DILG secretary is also a lawyer so he knows that.

The DILG has not said that it is nullifying the LGU ordinances. It is said – according to the DILG and DOTC Joint Memo that ONLY LTO AND ITS DEPUTIZED ENFORCERS have the power to confiscate driver’s license so the LGUs are ordered to revise their ordinances.

So when Manila decided to proceed with confiscating the license WHAT THEY DID NOT FOLLOW WAS THE DILG’S DIRECTIVE to review their ordinance.

But why did other LGUs like Quezon City follow suit and not confiscate the license. QC also has an ordinance. Why did the mayor of Manila not comply? Then, the problem is the motorists and enforcers.

I think it is necessary that the DILG and Manila LGU meet as soon as possible.

But what if Manila really doesn’t want to comply. Is there still a need to file a lawsuit to invalidate the ordinance because it is PRESUMED VALID? (To be continued)

The post IS IT PRESUMED VALID? (Part 1) appeared first on REMATE ONLINE.

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