THE Lawyers for Commuters Safety and Protection (LCSP) respectfully submits this clarification of its position regarding the proposed parking ban in Metro Manila.
Our group of lawyers is perplexed as to why there is even a need to draft a new policy or ordinance to prohibit parking on public roads. There is no legislative vacuum that needs to be filled — the law already exists. What is lacking is not regulation, but implementation.
Republic Act No. 4136, or the Land Transportation and Traffic Code, categorically prohibits parking on public roads, except in specific, limited circumstances. The law does not distinguish between rush hours and non-rush hours — its prohibition applies at all times, day and night. Therefore, as the law currently stands, parking on public roads is prohibited 24/7, and it is the obligation of public officials, particularly local government units (LGUs), to enforce this mandate.
Any proposed local ordinance or administrative order seeking to limit the application of this prohibition — such as by restricting it only during peak traffic hours — would run afoul of the clear language of the national law. Such measures would be void for being inconsistent with RA 4136, pursuant to the well-established doctrine of the supremacy of national law. The Supreme Court has consistently held that for an ordinance to be valid, it must not contravene any existing statute or the Constitution.
If the MMDA or LGUs genuinely seek to impose a time-limited parking ban, the proper recourse is legislative amendment. Congress must amend RA 4136 to include a delegation clause empowering LGUs to determine specific areas and timeframes when on-street parking may be permitted.
To note, the general welfare clause delegation of the Local Government Code to the LGUs does not apply and does not include powers to enact local laws which are contrary to the national law.
Until then, there is no need for further debate. The law is clear. The duty of the government is equally clear: enforce the law as written. All illegally parked vehicles on public roads must be apprehended, regardless of the time of day.
Atty. Albert N. Sadili
Spokesperson – Lawyers for Commuters Safety and Protection (LCSP)
09660859816 – Viber and Mobile number
