THE COURT of Appeals has denied a petition filed by the 1-United Transport Koalisyon (1-Utak) party-list seeking to stop the Land Transportation Franchising and Regulatory Board (LTFRB) from enforcing its order in March on a P10 provisional cut in the P40 flag-down rate for taxi cabs nationwide.
In a five-page resolution, the appellate court’s 13th Division ruled that the petition for certiorari and prohibition filed by 1-Utak was premature since its motion for reconsideration was still pending with the LTFRB.
“The petitioners are bound by procedural rules and may not disregard the same. It is not up to the petitioners to preempt the LTFRB’s action on their motion for reconsideration. The petitioners should have awaited the denial of their motion for reconsideration before filing the present petition,” the court said in the decision written by Justice Normandie Pizarro.
Concurring with the ruling were the other division members, Justices Samuel Gaerlan and Ma. Luisa Quijano-Padilla.
The appeals justices noted that the Supreme Court had consistently ruled that all available administrative remedies must be exhausted first before seeking judicial intervention.