No TRO vs motorcycle taxis; court clears way for more tests

A regional trial court (RTC) has cleared the way for a test run for two-wheeled taxis after it denied a petition by a group of lawyers to stop the operation of five fledgling motorcycle taxi companies, including the recently government-accredited JoyRide.

Quezon City RTC Branch 85 Judge Juris Dilinila-Callanta ruled that Lawyers for Commuters’ Safety and Protection (LCSP) failed to prove that the five companies—We Move Things Philippines Inc. (Joyride), Habal Rides Corp. (Habals Inc.), i-Sabay, Sampa-Dala Corp. and Trans-Serve Corp.—had ”failed to comply with the regulations regarding private transport for hire.”

The 12-page Dec. 18 ruling by the court denying the LCSP petition for a temporary restraining order (TRO) was announced on Friday by the group’s leaders, lawyers Raymond Fortun and Vicente Jaime Topacio.

LCSP had alleged that the five companies were “sabotaging the government’s pilot program for motorcycle taxis by according themselves the privilege to operate motorcycles-for-hire in the guise of addressing the traffic situation.”

Days after they filed the petition on Dec. 10, transport regulators allowed JoyRide and MoveIt, which was not named as respondent by LCSP, to participate in the second pilot test to determine whether motorbikes were safe for public transport.

First pilot testThe first pilot test was conducted from May to December last year and the second was scheduled for Dec. 23 to March 23 this year.

LCSP argued that these platforms, unlike the pioneering Angkas, operated motorcycles for-hire illegally and outside government regulations and thus posed grave danger to the public.

However, Callanta said the commuter group failed to show “with absolute certainty” that the companies committed any offense.

“Other than the bare allegation of the petitioner, nothing has been shown that it has a clear and unmistakable right which herein respondents violated. There was no mention also of any casualty which could persuade the court to believe that the purported right of the petitioner and the commuters in general was transgressed by the alleged unauthorized operation of the respondents,” the judge ruled.

Mere speculation

Moreover, she said the “mere existence” of the companies did not violate commuter rights or had endangered them.

“What the petitioner has is only speculation that the commuters will be jeopardized in case they would avail of the services of these respondents, whose riders were allegedly not properly trained,” she added.

Fortun said his group may no longer appeal the decision.

He said, however, that they were planning to file graft charges against members of the multiagency technical working group (TWG) overseeing the pilot test for the alleged illegal reconstitution of the group and for railroading the decision to impose a 10,000 cap per company participating in the second test.

The cap has ignited a conflict between the government and Angkas, which complained about the possible displacement of 17,000 drivers linked to its platform.

Fortun’s group also was looking into whether Sen. Aquilino Pimentel III could be liable for ethical violations after he endorsed JoyRide’s participation in the test.

On Thursday, JoyRide spokesperson Noli Eala admitted that they had approached Pimentel, also the chair of the Senate committee on trade, to endorse the company.

Fortun said the endorsement of the company by a senator, an elected official, lent undue weight to its application.

Pimentel explainsPimentel on Friday defended his endorsement of JoyRide, saying said he wanted to end Angkas’ monopoly of the motorcycle taxi business.

Angkas was the sole participant in the first test, but started only in July.

In a statement, Pimentel said the law and the 1987 Constitution both prohibit monopolies.

“As a lawyer I also know this policy against monopolies. Hence when I learned about a ‘pilot testing’ on motorcycle taxis conducted by the Department of Transportation involving just one service provider, then that policy prohibiting monopolies entered my mind,” he said.

He pointed out that even if motorcycle taxis were to be legalized, there should not be a monopoly and that the pilot testing program should reflect the real-life situation of competition.

“When JoyRide asked to be endorsed to join the pilot testing initial period, I endorsed their interest to the DOTr, which the DOTr did not accommodate. The initial period ended in December 2019, without JoyRide being allowed to participate,” Pimentel added. —WITH A REPORT FROM JULIE M. AURELIO