MANILA — The Land Transportation Office (LTO) plans to replace the actual impounding of vehicles with “technical impounding” or the confiscation of license plates, as it admitted that the agency’s impounding area is almost full.

LTO Chief Vigor Mendoza issued the statement during Thursday’s inquiry of the House Committee on Transportation into the propriety and legality of impounding motor vehicles.

He vowed to raise the possible policy change before Transportation Secretary Jaime Bautista, who has the final say on the matter.

“Pinapa-aral ko na po sa law enforcement service to cease and desist nationwide ‘yung actual impounding and we will proceed only with technical impounding. Ang diperensya po, kinukuha lang ang plaka,” Mendoza told the House panel.

“Mapupuno na po ang aming reserved impounding. Mayroon naman, we are not going above that. Pero nakikita ko, mauubos din, kasi wala naman kami talagang malaking impounding budget. We are making do with what we have,” he added.

“Para mabalanse ang karapatan ng legitimate transport operators at mga pasaway na LTO enforcers, immediately after this hearing, I will consult with our regional directors, our law enforcement and proceed towards technical instead of actual impounding… I will bring it up to the secretary in lieu of actual. Tutal wala pa namang malaking impounding area. Until that time comes perhaps, we will just proceed with technical impounding… but the final decision, we will defer to the secretary,” the LTO chief noted.

Some lawmakers questioned the alleged lack of due process in the move of some LTO law enforcers to impound vehicles apprehended on site for certain violations, adding that it should go through the traffic adjudication service. But Mendoza defended the LTO enforcers’ actions, saying it is within their authority.

“Mayroong kinreate na isang body that will adjudicate. Pagka ang ginawa nyo ang magdedecide lang ‘yung enforcer lang… para bang they are already judged arbitrarily na nagkasala sila, iimpound. ‘Yung due process kasi ang kulang dito,” APEC Party List Rep. Sergio Dagooc said.

“May magkahiwalay na function ang law enforcement service and traffic adjudication service… Ibig sabihin, malinaw na malinaw, base sa pinag-uusapan nating executive order, hindi pwedeng direktang mag-impound ang enforcers ng LTO, dahil kung gagawin natin ‘yun, inaapakan at binabalewala ng LTO ang authority na ibinigay ng executive order sa traffic adjudication service,” 1-RIDER Party List Rep. Bonifacio Bosita added.

“Hindi natin winawalang-bahala ang authority given to the traffic adjudication service. They can issue it on their own, without the approval of the (LTO) assistant secretary… But it does not remove the authority of the (LTO) assistant secretary and his deputies from issuing an impounding order,” Mendoza replied.

“In the face of Republic Act 4136, there is nothing mentioned about impounding. That is why you have to take it in relation to the powers of the LTO to issue rules and regulations on the implementation of traffic laws and regulations,” he added.

“In case na may mangyari pang ganito, we will file a case against your personnel,” Bosita warned.

“Huwag na ho sa aming personnel, kahit sa akin na lang po. Maganda ho yan para makapg-file din kami sa korte ng petition for declaratory relief with injunction so that once and for all, we can ask the courts to resolve this issue,” Mendoza.

The Land Transportation Franchising and Regulatory Board (LTFRB), for its part, said the agency has stopped apprehending colorum vehicles after receiving the Department of Justice’s opinion that the LTFRB has no power to apprehend, impound, and dispose of colorum vehicles.

“Base sa opinion ng DOJ… wala raw kapangyarihan si LTFRB para manghuli at mag-implement ng batas. Since then, when I had a copy of this, I instructed by men to cease and desist unless they are lawfully deputized by the LTO… Nonetheless, we filed an appeal to them requesting a reconsideration of their opinion,” LTFRB Chairperson Teofilo Guadiz said.

The LTFRB has in its custody 2,223 impounded motor vehicles. Asked whether it plans to release the vehicles, Guadiz said the LTFRB is awaiting the opinion of the Office of the Solicitor General and the legal department of the Department of Transportation.

“Kung lalampas sa 15 days itong letter ninyo, I think wala kaming option kundi mag-file ng administrative cases against sa personnel involved sa pagka-delay nito,” Bosita said.

“We also are zealous in coming up with a final conclusion on how to dispose of these… Keeping these motor vehicles is an added cost to us. The faster we can dispose of these vehicles… it would make it easier for the agency to address the issues on this… Within a week or two, we can come up with a resolution on this matter,” Guadiz assured the lawmaker.

Transport group Pasang Masda appealed to congressmen and the agencies to continue protecting legitimate public utility vehicle operators from colorum vehicles.

"Hirap na hirap na rin kami. Ang kinikita namin, nababawasan ng 30-40% daily dyan sa operation ng colorum vehicle… argabyadong masyado kaming mga legitimate operators. Nagbabayad kami ng mga prangkisa, mga kaukulang bayarin, buwis, upang makatupad kami sa ipinag-uutos ng bata…tulungan nyo kaming mawala ang mga kolorum na yan sa kalye,” Pasang Masda President Obet Martin said.