Binay earlier announced that he was authorizing Makati policemen and elements of the Department of Public Safety (DPS) to arrest MMDA traffic aides apprehending erring motorists in his locality.
He claimed that MMDA enforcers do not have the authority to apprehend drivers and implement traffic laws in the country’s financial capital since they are not deputized by the city government.
But the MMDA said traffic enforcers and aides cannot be arrested for simply doing their job.
"We can be held for dereliction of duty if we do not follow our mandate under Republic Act 7924," MMDA legal division chief Emmanuel de Castro told The STAR. "On the other hand, Mayor Binay can be held criminally and administratively liable if he arrests traffic enforcers without basis."
Binay and other mayors claim that MMDA men are illegally implementing traffic laws based on a recent Supreme Court decision that clipped the agency of its police powers.
MMDA Chairman Bayani Fernando said the court merely ruled that the enforcers cannot confiscate licenses.
So far, no MMDA traffic aide has been arrested in Makati.
Binay insists that traffic laws in Makati are contained under the Makati Traffic Code and unless MMDA enforcers are deputized by the city government, they cannot apprehend motorists.
He said the Makati Police Department (MPD) and DPS traffic enforcers have been tasked to man not only city roads but also national roads and have been armed with Ordinance Violation Receipts.
MMDA traffic enforcers, he noted, can only direct traffic and will not be arrested unless they apprehended traffic law violators and issue TVRs.
Yesterday, Binay announced that he is banning all MMDA projects not supported by any law or ordinance in Makati.
He said those caught implementing projects will also be apprehended by the Makati police, the DPS and barangay officials.
These projects include sidewalk clearing, the "wet flag" drive and the MMDA’s investor’s route project, which is being financed by no less than the Office of the President.