A prosecutor and some officers of the Palace of Justice have filed a case against the City Traffic Operations Management for enforcing traffic rules that they alleged were questionable.
In a petition for declaratory relief, prosecutor Rosendo Brillantes, Palace of Justice administrator Henry Espinosa, prosecutor’s office administrative officer Joel Pazculado, and a certain Rustom Lapeña also asked the court to issue a temporary restraining order against CITOM.
They questioned what law was the basis of CITOM in intercepting multi-cabs with “unregistered” canopies, and making the driver pay for such.
CITOM would also order the stenciling of the vehicle’s chassis at the driver’s expense, the entire process of which reportedly costs P300.
“They would not specify by what administrative law, by what status, by what legal authority they could physically prevent the motorists into proceeding to their destination as to comply with their vexatious process or be threatened with confiscation of the driver’s private property-his driver’s license,” their petition reads.
The petitioners have asked the court to resolve the matter on whether CITOM can prevent the passage of motorists who drive multicabs with a canopy and if it has the authority to force motorists to comply with their orders right then and there.
They further questioned if there is lawful basis for “double registration” or “double stenciling” of the engine and the chassis, upon payment of P300, and if traffic enforcers could be held liable for grave misconduct when they use direct or indirect force, threat or intimidation.
The court should restrain CITOM from continuing the practice for 30 days “so as not to subject the motorists from instantaneous infliction of vexatious inconvenience,” they said. — Joeberth M. Ocao/RAE