SC Rules Cebu ‘Clamping Ordinance’ Constitutional

The Supreme Court has ruled that the controversial Cebu City ordinance allowing the traffic enforcers to clamp vehicles caught illegally parked in roads and sidewalks not designated for parking is constitutional.

After the High Court denied the petition for review and certiorari filed by former Cebu Assemblyman Valentino Legaspi and lawyer Bienvenido Jaban, the City Traffic Operations Management (CITOM) can now intensify the campaign against illegally-parked vehicles by clamping them.

The vehicles of Legaspi and Jaban had been clamped by the traffic enforcers in separate ocassions in Cebu City on 1997 after these were caught illegally parked in roads violating City Ordinance 1664.

Legaspi never claimed his white sedan that was impounded by the traffic enforcers at Block 27 in North Reclamation Area (NRA) when he questioned the city ordinance.

Jaban and Legaspi, both lawyers by profession, brought the matter before the court by filing a case against CITOM and the City of Cebu, during the stint of then Mayor Alvin Garcia.

For twice ocassions, Jaban’s car has been clamped in June 23, 1997 and on November 20, 1997 for illegal parking and was released only after the owner paid the corresponding fines.

Legaspi claimed that he parked his vehicle in front of his house for just a few minutes when it was clamped by the traffic enforcers.

In its ruling, the Regional Trial Court ruled that City Ordinance 1664 is null and void, citing that “the traffic law enforcer who, as the ordinance in question mandates, is the arresting officer, prosecutor, judge and collector” of fines.

Unsatisfied with the ruling of the lower court, the city lawyers elevated the case before the Court of Appeals claiming that the traffic enforcers were just doing their task to improve the traffic situation of the city for the benefit of the public.

“Despite the restrictions and prohibitions of parking on certain streets of Cebu City, violations continued unabated,” the city lawyers stressed.

The Appellate Court reversed the ruling of the RTC, saying “it has become necessary to resort to these measures because of the traffic congestion caused by illegal parking and the inability of existing penalties to curb it. The ordinance is designed to improve traffic conditions in the City of Cebu and thus reasonable.”

The High Court said “Legaspi’s attack against the provisions of Ordinance 1664 for being vague and ambiguous cannot stand scrutiny. There could be no confusion on the meaning and coverage of the
ordinance.”

“To reiterate, the clamping of the illegally parked vehicles was a fair and reasonable way to enforce the ordinance against its transgressors, otherwise, the transgressors would evade liability by simply driving away,” the decision reads.