Like a Boss
Posted on January 25, 2012
In the case of MMDA v. Garin, the respondent was issued a ticket and his license confiscated by the MMDA for parking illegally at an improper venue. The ticket instructed him to go to the MMDA office to redeem his license.
Instead of doing so, he wrote a letter to the MMDA Chairperson demanding the return of his license… and that the case be filed in court! He questioned the validity of MMDA’s practice of confiscating licenses, arguing that: (1) this is tantamount to exercise of unbridled discretion since the implementing rules have yet to be promulgated, and (2) this is denial of due process as it preempts the judicial determination of the validity of the deprivation. Long story short, the MMDA Memo authorizing the confiscation of licenses was struck down by the Court as ultra vires as MMDA was not granted by the legislative with police power.
Like a boss this Garin guy was!
Having your license confiscated is such a hassle, but imagine wanting to establish your case before the court in lieu of the convenience of just paying the ticket!
If only we have less aversion to inconvenience.
