MMDA on Not For Hire video: Enforcer exceeded his authority

MMDA releases resolution absolving driver on Not For Hire case

Earlier this month, a video quickly went viral across social media platforms, capturing an encounter between a driver and an MMDA traffic enforcer. The footage showed Jay Paulino’s Toyota Tamaraw dropside pickup being flagged down solely because it lacked “Not For Hire” markings.

The MMDA enforcer firmly asserted that private utility vehicles were legally required to display such markings, along with capacity details like total passenger capacity, gross, and net weight.

Last week, MMDA Chairman Atty. Don Artes clarified that the agency’s traffic enforcer was in the wrong, and no charges were filed against Paulino. Artes also assured the public that appropriate sanctions would be meted out to the enforcer.

The MMDA has released its official resolution on the incident.

AO exceeded his authority

Following Paulino’s appearance before the MMDA’s Traffic Adjudication Office to dispute his apprehension, the MMDA released Resolution No. 18613. This resolution officially puts on record the incident’s findings in Paulino’s favor, acknowledging that the MMDA’s Apprehending Officer (AO) acted beyond his authority.

The MMDA’s official ruling is detailed below:

“It appears that the Apprehending Officer exceeded his authority when he flagged down the driver without any initial violation and by citing the driver for administrative violations. It could be noted that there is a directive from the Office of the Chairman that only a specific unit could apprehend and cite drivers committing administrative violations. Unfortunately, the concerned Apprehending Officer belong to such unit. As much as we recognize the Apprehending Officer’s zealousness in implementing traffic rules and regulations, his authority is limited.

As the Apprehending Officer did not have the authority to flag down the driver without any initial violation and to issue citations for administrative violations, this Office is inclined to reconsider the issued citations.

Premises considered, the citations No Not For Hire Sign, No Capacity Markings, and Failure to Carry/Show/Surrender Driver’s License under UOVR No. M24-0226788-3 are hereby reconsidered.”

If an MMDA enforcer flags your pickup or SUV for a “No Not For Hire” marking violation, you can now present this resolution. However, it’s a different story if you’re flagged down by a traffic enforcer from a Local Government Unit (LGU), as their policies may vary from those of the MMDA.