The Court of Appeals. (Photo from the Philippine Daily Inquirer)
The Court of Appeals (CA) has dismissed the bid of two ogranizations to stop the Land Transportation Frachising and Regulatory Board (LTFRB) from implementing its 2016 decision lowering the flag-down rate of taxis from P40 to P30.
In a five-page resolution made public Tuesday, the court’s 13th division, through Associate Justice Maria Filomena Singh, said the petition for certiorari with prayer for a temporary restraining order or a preliminary injunction filed should be dismissed because the groups faied to comply with its directive to correct the defects in the petition.
The petition was filed by the Fair Organization of Taxi Drivers of the Philippines, Inc. and Alliance of National Urban Poor Organizations Assembly, Inc (Anupa) .
The court explained that the consolidated decision issued by the LTFRB on March 8, 2016 under question was a mere photocopy and that the petitioners failed to attach copies of the pleadings and documents required in the petition.
The petitioners, the court added, also failed to specify the government issued IDs presented before the notary public who notarized the verification and certification on non-forum shopping as competent proof of their identities.
“To date, however, the petitioners have not submitted their compliance to remedy the foregoing defects despite having been required to do so twice,” the court said.
The court pointed out that under Rule 46, Section 3 of the Rules of Civil Procedure, failure to comply with the requirements for filing a petition would be a sufficient ground for the dismissal of the petition.
“In the instant case, petitioners did not offer any explanation at all as to why, to date, they have not complied with the resolutions dated May 4, 2016 and May 8, 2017,” the court said. “Thus, due to petitioners’ repeated failure to comply with the foregoing directives, the Court deems it appropriate to dismiss the petition.”
In its March 2016 decision, the LTFRB granted the petition filed by Negros Oriental Rep. Manuel Iway seeking to adjust taxi fare rate due to the continued drop in the prices of fuel.
The LTFRB set the permanent flag-down rate of taxis nationwide, except those in the Cordillera Administrative Region, to P30, with a charge of P3.50 for every succeeding 500 meters and P3.50 per 90 seconds of waiting time.
On the other hand, the permanent flag-down rate of airport taxis nationwide, except those in the Cordillera Administrative Region, was set at P30, with a charge of P2 for every succeeding 400 meters and P2 per 60 seconds of waiting time.
Concurring with the ruling were Associate Justices Ramon Garcia and Edwin Sorongon.
/atm