lto vs city of butuan

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Land Transportation Office, represented by Assistant Secretary Manuel Bruan, LTO Regional Office, Region X represented by its Regional Director, Timoteo A. Garcia, and LTO Butuan represented by Rosita G. Sadiaga, its Registrar, petitioners vs. City of Butuan, represented in this case by Democrito D. Plaza II, City Mayor, respondent January 20, 2000 J. Vitug Nature: Petition for Review Summary: The City of Butuan issued an ordinance wich provided for the payment of franchise fees, registration fees, and fees for issuance of driver’s permit. The City of Butuan issued the ordinance believing that tall the powers of the DOTC have been transferred to the LGUs. On the other hand, the LTO questioned said Ordinance and argued that the authority to register has not been transferred by the LGC to the LGU’s. The SC held that only the franchising power has been transferred to LGUs, but not the power to register. Doctrine: The newly delegated powers pertain to the franchising and regulatory powers theretofore exercised by the LTFRB and not to the functions of the LTO relative to the registration of motor vehicles and issuance of licenses for the driving thereof. Police power and taxation, along with eminent domain, are inherent powers of sovereignty which the State might share with local government units by delegation given under a constitutional or a statutory fiat. Although the power of taxation and police power are correlative, the grant of one does not necessarily carry with it the grant of the other Facts: The Sangguniang Panglungsod ng Butuan passed an Ordinance entitled “An Ordinance Regulating the Operation of Tricycle-for-Hire, providing mechanism for the issuance of Franchise, Registration and Permit, and Imposing Penalties for Violations thereof and for other Purposes” o The said ordinance provided for the following: Payment of franchise fees for the grant of the franchise of tricycles-for-hire Fees for the registration of the vehicle Fees for the issuance of a permit for the driving thereof (of tricycles) LTO then questioned such Ordinance. LTO explains that although the franchising authority over tricycles-for-hire of the LTFRB has been trasferred to local government units, it does not mean that the authority of the LTO to register all motor vehicles and to issue to qualified persons of liceses to drve such vehicles are also trasferred. On the other hand, the City of Butuan argued that one of the salient features of the LGC is in the area of local taxation which allows LGUs to collect registration fees or charges along with, in its view, the corresponding issuance of all kinds of licenses or permit for the driving of tricycles. o The respondent City uses the following as legal bases: Sec. 5, Art. X, 1987 Constitution 1 1 Section 5. The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released.

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Land Transportation Office, represented by Assistant Secretary Manuel Bruan, LTO Regional Office, RegionXrepresentedbyitsRegional Director,TimoteoA. arcia, andLTOButuanrepresentedbyRosita.Sadiaga, its Registrar, petitioners !s."ity of Butuan, represented in t#is case by Democrito D. $la%a &&, "ity Mayor, respondent'anuary (), ()))'. *itugNature: $etition for Re!ie+Summary:T#e"ityof Butuanissuedanordinance+ic#pro!idedfor t#epayment of franc#isefees,registration fees, and fees for issuance of dri!er,s permit. T#e "ity of Butuan issued t#e ordinance belie!ingt#at tall t#e po+ers of t#e DOT" #a!e been transferred to t#e L-s. On t#e ot#er #and, t#e LTO .uestionedsaid Ordinance and argued t#at t#e aut#ority to register #as not been transferred by t#e L" to t#e L-,s.T#e S" #eld t#at only t#e franc#ising po+er #as been transferred to L-s, but not t#e po+er to register. Doctrine: T#e ne+ly delegated po+ers pertain to t#e franc#ising and regulatory po+ers t#eretofore e/ercisedby t#e LT0RB and not to t#e functions of t#e LTO relati!e to t#e registration of motor !e#icles andissuance of licenses for t#e dri!ing t#ereof. $olice po+er and ta/ation, along +it# eminent domain, are in#erent po+ers of so!ereignty +#ic#t#e State mig#t s#are +it# local go!ernment units by delegation gi!en under a constitutional or astatutory fiat. Alt#oug# t#e po+er of ta/ation and police po+er are correlati!e, t#e grant of one doesnot necessarily carry +it# it t#e grant of t#e ot#erFacts: T#e Sangguniang $anglungsod ng Butuan passed an Ordinance entitled 1An Ordinance Regulatingt#e Operation of Tricycle2for23ire, pro!iding mec#anism for t#e issuance of 0ranc#ise, Registrationand $ermit, and &mposing $enalties for *iolations t#ereof and for ot#er $urposes4o T#e said ordinance pro!ided for t#e follo+ing5 $ayment of franc#ise fees for t#e grant of t#e franc#ise of tricycles2for2#ire 0ees for t#e registration of t#e !e#icle 0ees for t#e issuance of a permit for t#e dri!ing t#ereof 6of tricycles7 LTO t#en .uestioned suc# Ordinance. LTO e/plains t#at alt#oug# t#e franc#ising aut#ority o!ertricycles2for2#ire of t#e LT0RB #as been trasferred to local go!ernment units, it does not mean t#att#e aut#ority of t#e LTO to register all motor !e#icles and to issue to .ualified persons of liceses todr!e suc# !e#icles are also trasferred. On t#e ot#er #and, t#e "ity of Butuan argued t#at one of t#e salient features of t#e L" is in t#earea of local ta/ation +#ic# allo+s L-s to collect registration fees or c#arges along +it#, in its!ie+, t#e corresponding issuance of all 8inds of licenses or permit for t#e dri!ing of tricycles.o T#e respondent "ity uses t#e follo+ing as legal bases5 Sec. 9, Art. X, :;