THE battle begins.

Following the recent reorganization of the Sangguniang Panlungsod (SP) in Dagupan, the new minority is proving it will not simply kowtow to the new majority in matters of the city.

An ordinance, poised to be approved by the new majority prescribing a dress code for tricycle drivers was slammed by Councilor Maybelyn Fernandez, calling it unfair, illegal and ultra vires, is now in limbo.

The main point of contention over Draft Ordinance 0-470 authored by Councilor Redford Erfe-Mejia was Section 6, which specifies the imposition of a P100 fine for the first offense, P200 for the second offense, P300 for the third offense, and revocation of license for the fourth offense.

The dress code consists of a polo shirt or T-shirt with collar, long pants instead of short pants, and shoes rather than slippers.

Fernandez argued that Dagupan cannot revoke or even confiscate drivers licenses since it is an authority exclusive to the Land Transportation Office (LTO), the agency that issues the licenses.

Erfe Mejia, however, maintained that the city’s Public Order and Safety Office (POSO) can confiscate the license of tricycle drivers because they are deputized by the LTO, citing Ordinance 1748-2002.

Fernandez argued that Ordinance 1748-2002 is flawed. She said granting the POSO has been deputized by LTO, the authority comes from the LTO, and not from the local government unit, thus the council cannot vest POSO personnel with such power.

Councilor Alipio Serafin Fernandez, chairman on laws and ordinances, agreed with Fernandez.

“Even if the POSO enforcers are deputized, “we cannot pass an ordinance that allows the confiscation of drivers licenses because it is not within our mandate,” Pro Tempore Fernandez said.

NO POWER

Erfe-Mejia later suggested that POSO chief Robert Erfe Mejia, his father, be invited to enlighten the body on deputization of POSO by LTO.

The POSO chief, however, admitted that the Ordinance invoked by POSO in confiscating drivers’ licenses, was questioned by a jeepney driver in 2003 that led to then Dagupan LTO Chief Patricio Urmaza affirming that the authority to confiscate and revoke licenses lies only with LTO and the authority can only be delegated to POSO on specific several circumstances, among them is if the driver is involved in a vehicular accident or criminal activity.

This was confirmed by Marlene Soriano, an official of LTO during the July 25 committee hearing.

FRANCHISE

When Councilor Erfe-Mejia later amended his proposal and recommended that instead of the license, it would be the franchise of the tricycle that should be revoked for the fourth violation, lady councilor Fernandez again opposed it and argued that the operator of the tricycle who should not be made accountable for the misdemeanor of his unit’s driver.

“It is most unfair to them (operators) for the city to revoke their franchises for the violations of their drivers,” she said.

HEARING ATTENDANCE

Erfe Mejia was further rebuked when attempted to justify his recommendations with a claim that his proposed ordinance was agreed upon by all stakeholders, including tricycle drivers and operators, who attended the public hearing held July 17, which he said was also attended by “all” councilors except Fernandez and Councilor Jeslito Seen.

Amador Tagana, president of the Federation of Association of Tricycle Drivers and Operators of Dagupan (FATODA) who also attended the subsequent public hearing held in the afternoon of July 25 on the recommendation of Vice Mayor Belen Fernandez, that those present fully agreed to the provisions of the proposed measure denied the claim.

Tagana pointed out the penalty for the fourth offense was not discussed in the July 17 committee hearing.

On Erfe Mejia’s claim on the presence of “all” councilors, the minutes of the hearing issued by the secretariat showed only it was only Erfe-Mejia who was present.

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