Bus firms question Manila ban in court
Manila Mayor Joseph Estrada
Manila Mayor Joseph Estrada may have to do “battle” again in his camouflage military uniform.
A group of bus operators took on Estrada’s challenge and asked the Manila Regional Trial Court on Thursday to nullify council resolutions banning the entry of buses without terminals in the city, saying the measure was unconstitutional and in violation of their franchises.
The civil case filed by Fairview Quiapo Baclaran Bus Operators Association Inc. (Fairquibboa) named Estrada and Vice Mayor Francisco “Isko Moreno” Domagoso as respondents in their respective capacities as chair of the Traffic Management Committee and head of Manila Traffic Council.
The Fairquibboa also petitioned the court to compel the Land Transportation Franchising and Regulatory Board (LTFRB) to enforce the terms of the franchises issued to them, called certificates of public convenience (CPCs), which allow them to ply the Fairview-Baclaran route via Quezon Avenue.
The group argued that the implementation of Traffic Management Committee’s Resolution No. 1 and the City Council’s Resolution No. 48 violated their CPCs for imposing additional conditions for the valid use of these franchises.
The group said the resolutions were unconstitutional for being an unreasonable and improper exercise of police power by the local government. They said the bus ban abrogates the LTFRB’s authority to issue, revise or suspend franchises.
The ban took effect on July 23, a day marked by chaos and confusion among drivers and commuters, and had since undergone revisions following initial complaints.
On Aug. 8, former President Estrada went out on the street in a military uniform from his Malacañang days to confront another transport group, the Alliance of Concerned Bus Operators, who earlier threatened to defy the ban. The issue was settled in a dialogue after the management of Park N’ Ride, a private facility serving as vehicle terminals, lowered its fees
Vice Mayor Francisco “Isko Moreno” Domagoso
for the buses.
In the petition, Fairquibboa president Edgardo Meneses of Shem Transport and Rizalino Eugenio of Ma. Rose Bus Service also questioned the lease contracts with Park N’ Ride and Multimodal Bus Terminals in Lawton.
“There is no legal basis for the private owners of these terminals to unduly privately gain from the policies of the local authorities,” it said.
Sought for comment, Domagoso, in a text message to the Inquirer, simply wished the petitioners “good luck.”
The vice mayor earlier explained that the use of the terminal was necessary to check which were colorum or unregistered buses, and regulate the time buses can leave. He also maintained that the LTFRB should consult local governments regarding road capacities before issuing franchises.
