The Court of Appeals has affirmed the constitutionality of the traffic and parking ordinance being implemented in Marikina City, including the designation of no-parking zones.

In a decision written by Associate Justice Estela Perlas-Bernabe, the CA?s Special 15th Division dismissed the appeal of Vicente Cruz, who assailed the parking measure after his car was impounded four years ago.

?We uphold... the ruling of the court a quo that it would be impractical to require any notice and hearing before such illegally parked may be towed,? the CA stated.

The controversy started when Cruz parked his Honda Civic (VIC 777) on Bagong Silang Street on Aug. 19, 2005, claiming he didn?t see any ?No Parking? sign.

After 45 minutes, he returned to find employees of the Marikina Traffic Management Towing and Impounding Section, taking his vehicle despite his pleas; he paid a P1,000 penalty.

Cruz filed a suit on Sept. 28, 2008 before the Marikina City Regional Trial Court, impugning the constitutionality of the ordinance.

But Mayor Marides Fernando and her traffic officials cited the city?s authority to ?impound motor vehicles parked illegally on streets within its jurisdiction pursuant to an ordinance constitutes a valid exercise of police power? as their defense.

?In the interplay between a fundamental right and police power, especially so where the assailed governmental action deals with the use of one?s property, the latter is accorded much leeway,? the appellate court ruled.

?That is settled law. What is more, it is good law. Due process, therefore, cannot be validly invoked.? Rey E. Requejo