For All Car Owners

If an LTO officer confiscates your car plates, tell him he can't do so.

In a decision released by the Court of Appeals, the court states that it's not stated in the law,Republic Act 4136 ,that confiscating of plates is not one of the allowed punishment for traffic violations.

The CA affirmed an earlier decision by Quezon City Regional Trial Court Judge Estrella handed down in a case filed by a certain Roel Garcia against Eduardo Poblete, an LTO officer.

In January 10, 1999, Poblete confiscated Garcia's car plate because it was illegally parked in the airport terminal. Poblete said he did so because of memorandum circular 30 (issued on September 12, 1974) at special order 101-A (issued on October 23, 1973).

Garcia sued Poblete and won in the lower court. "...Removal of license plates of motor vehicles as penalty to be imposed on traffic violations is not mentioned on the said law (R.A. 4136)." The said memorandum and special order, the court added, were excesses and went beyond what was intended in the law.

The CA affirmed this decision and said: "...an examination of sec. 56 or R.A. 4136 does not provide for the consfiscation of the offending vehicle's license plate."