MMDA traffic enforcer

hello,

sir have 3 questions about MMDA traffic enforcers

1. MMDA traffic enforcer riding in his motorcycle without Helmet, is this acceptable? can we contest him while in pursuit(flag down) for me that he is also violating traffic rules/law? can we get his license and surrender it to the authority like police or LTO for such violation?

2. can we file charges to MMDA traffic enforcer who wrongfully flag down us? possible charges or even ask for compensation such as ABALA?

3. once na banggitin po ba ng mmda enforcer na kukunin ang lisensya even for Minor Violations which is very wrong as per Supreme Court. maari na po ba tayong mag file ng kaso, ano pong kaso ang pwede? (rationale: for me this is one way of intimidation or coercion. eto po kasi yung style nila para mag bargain ka na mag bigay na lang para di kunin ang lisensya.

thanks atty

1) document by discretely taking a photo and file your own complaint. no, you are not authorized to take his license

2) you can contest the flag down through internal mmda process, but i don't know how successful you will be. compensation will require a separate legal action in court.

3) the supreme court has stated that taking of licenses is legal. i am not aware if it has changed but mmda was directed not to get licenses.

note that local governments have their own enforcers which are not under mmda.

regarding license confiscation
-G.R. No. 130230. April 15, 2005

-MMDA Resolution No. 04-05
Series of 2004
WHEREAS, in line with the thrust of MMDA to provide better and efficient service to the public particularly to the commuters and motorists, the Agency has made it a policy not to confiscate licenses of erring drivers but instead issue Road Abuser's Payment Order (RAPO) for which payments of traffic fines and penalties may be coursed through a bank in Metro Manila;

thanks atty.

yes, that's the case where the SC said they can confiscate licenses.

Thus, where there is a traffic law or regulation validly enacted by the legislature or those agencies to whom legislative powers have been delegated (the City of in this case), the petitioner is not precluded ' and in fact is duty-bound ' to confiscate and suspend or revoke drivers' licenses in the exercise of its mandate of transport and traffic management, as well as the administration and implementation of all traffic enforcement operations, traffic engineering services and traffic education programs.

and what i also meant to say that in spite of being allowed to confiscate licenses, BF decided not to do so.