(File photo)
MANILA – The Department of Justice (DOJ) on Wednesday clarified that it does not support the removal of the Comprehensive Drivers’ Education (CDE) requirement for the renewal of drivers’ licenses that have a validity of 10 years.
In a message to reporters, Justice Undersecretary Emmeline Aglipay-Villar said reports that the department backs the call of some lawmakers for the removal of the CDE are incorrect.
On the contrary, Villar added that the department’s comment submitted to Congress states that “it is within the power of the Land Transportation Office (LTO) to impose restrictions on the renewal of the driver’s licenses for 10 years, which includes the requirement of the CDE”.
The issuance of a certification of completion of the CDE is a function necessary or incidental to the power of the LTO to issue driver’s licenses, she added.
Villar, however, said the law states that the function pertains to the LTO itself and does not mention authorizing LTO-accredited driving schools or institutions to exercise the power.
“(I)t is not contemplated by EO (Executive Order) No. 1101, s. 1985, that the said function be performed by an LTO-accredited driving school or institution,” Vilar said.
The LTO started implementing the CDE in late October last year, pursuant to Republic Act 10930 which amends the Land Transportation and Traffic Code to "establish a system that promotes the ease of access to government services and efficient transportation regulation favorable to the people."
RA 10930 extends the validity period of licenses from five to 10 years from the previous three years for drivers with no violations.
In renewing the driver's license, motorists are required to take a CDE exam.
Bayan Muna Rep. Carlos Isagani Zarate said the CDE would add another layer of bureaucratic red tape and another expense for drivers.
"The LTO added another requirement for a mandatory completion of a comprehensive driver's education, generally through private driving schools, before one can renew his driver's license," Zarate said on Wednesday.
Zarate said the LTO and Department of Transportation (DOTr) are not empowered by law to delegate the certification to private entities.
He said this additional requirement would come at the expense of the "already very burdened drivers" and "should be stopped immediately".
Deputy Speaker Rufus Rodriguez, for his part, said the requirement is "unnecessary and has no legal basis.”
Rodriguez noted that no provision in Republic Act 10390 explicitly states that such certification is required for renewing a driver's license.
“The Supreme Court has repeatedly ruled that the spring cannot rise higher than its source and implementing rules must conform to the language of the law,” he said in filing House Resolution 2425
Rodriguez also filed House Bill 10431, which seeks to repeal relevant sections of RA 10930, which the LTO is invoking as the legal basis for the CDE requirement.
He said the CDE is free of charge if it is done through the LTO website, but it could also be obtained from LTO-accredited driving schools for PHP1,000 to PHP3,000.
Rodriguez reminded the LTO that its requirements like vehicle emission testing have been the "source of corruption and controversy" especially if they are outsourced to private contractors.
He also advised the LTO to properly explain the basis for its impositions and to prove that the correct legal processes were complied with. (With reports from Filane Mikee Cervantes/PNA)
