G.R. No. 91023 July 13, 1990
METROPOLITAN TRAFFIC COMMAND WEST TRAFFIC DISTRICT, petitioner, vs. HON. ARSENIO M. GONONG, in his capacity as Presiding Judge of the Regional Trial Court, Branch 8 at Manila, and DANTE S. DAVID, respondents.

FACTS

Private respondent Dante S. David, a lawyer, filed a complaint before the Regional Trial Court of Manila after the rear license plate of his car was removed by the Metropolitan Traffic Command for alleged illegal parking on Escolta. He contended his vehicle was not illegally parked and, more crucially, that no existing law or ordinance authorized the removal and confiscation of license plates as a penalty for illegal parking. He sought a permanent injunction against the practice. The parties agreed to submit the case for resolution on the sole legal issue of whether a statutory basis existed for such removal. The trial court, presided by Judge Arsenio M. Gonong, ruled in favor of David. The court found that Letter of Instruction (LOI) No. 43, invoked by the traffic authorities, only authorized the removal of vehicles that were obstacles to traffic, not the confiscation of license plates. It further held that LOI No. 43 had been impliedly repealed by Presidential Decree (P.D.) No. 1605, which comprehensively enumerates penalties for traffic violations in Metro Manila and does not include plate removal.

ISSUE

Whether the removal and confiscation of license plates from illegally parked vehicles is authorized by law.

RULING

The Supreme Court dismissed the petition and affirmed the trial court’s decision, thereby enjoining the practice. The Court’s legal logic proceeded from a harmonious interpretation of LOI No. 43 and P.D. No. 1605. It upheld the validity of LOI No. 43 but limited its application to motor vehicles that have stalled on public streets due to mechanical failure or other involuntary causes, authorizing their removal as obstructions. For vehicles that are deliberately and illegally parked, the applicable law is P.D. No. 1605. This decree provides an exclusive list of penalties for traffic violations in Metro Manila, such as fines and license suspension. The removal of license plates is not among these enumerated penalties. Under the principle of expressio unius est exclusio alterius (the express mention of one thing excludes all others), the specific penalties in P.D. No. 1605 preclude the imposition of an additional, unlisted penalty like plate confiscation. The Court concluded that while LOI No. 43 remains valid for its specific purpose, it cannot be invoked to justify plate removal for intentional illegal parking, as this scenario is exclusively governed by the penalty framework of P.D. No. 1605. The practice was therefore held to be without legal basis.