Title: MMDA v.

Dante Garin
Date: April 15, 2005
Petitioner: MMDA
Respondent: Dante Garin
Ponente: Chico-Nazario, J.

Facts:
Dante Garin, a lawyer, was issued a traffic violation receipt (TVR) when he parked illegally along
Gandara St., Binondo, Manila. His drivers license was also confiscated. He addressed a letter to then
MMDA Chairman Oreta requesting the return of his license, and expressing his preference for his case to be
filed in court. Receiving no reply, he filed a case and argued that the authority of MMDA to confiscate and
suspend drivers licenses was unconstitutional and was an undue delegation of legislative authority. The trial
court ruled in favor of Garin, stating that Garin was deprived of due process because he was not given an
opportunity to be heard.

Issues:
Whether or not Section 5 (f) of RA 7924 creating the MMDA, which authorizes it to confiscate and
suspend or revoke drivers licenses in the enforcement of traffic laws and regulations, is valid

Conclusion: Petition dismissed

A license to operate a motor vehicle is a privilege that a state may withhold in the exercise of its
police power, but the MMDA is not vested with police power. According to RA 7924, all its functions are
administrative in nature. Police power is primarily lodged in the legislature, thus it cannot be exercised by
any group or body of individuals not possessing legislative power.
RA 7924 states that the powers of MMDA are limited to the following: formulation, coordination,
regulation, implementation, preparation, management, monitoring, setting of policies, installation of a system
and administration. MMDA is simply an agency created for the purpose of laying down policies and
coordinating with various national government agencies, peoples organizations, NGOs and the private
sector for the efficient and expeditious delivery of basic services in the vast metropolitan area.
Sec. 5 (f) only grants the MMDA with the duty to enforce existing traffic rules and regulations.
Since there is no enabling law or a valid law, ordinance, or regulation arising from a legitimate source
allowing the MMDA to confiscate ones license, it is precluded from doing such.