Villanueva doubts legality of NLEX toll hike

Senator Joel Villanueva questioned on Wednesday the legality of the recently-approved toll fee hike in the North Luzon Expressway (NLEX), asking if the Toll Regulatory Board (TRB) posted adequate notice and conducted hearings before approving the toll fee increase.

Villanueva said such steep increase in toll fees was “obviously unjustified and anti-poor.”

“Malaking dagok po ang pagtaas ng toll fee na ito sa ating mga kababayan sapagkat apektado po ang lahat dito. Sa pagtataas ng singil sa toll, tataas din ang presyo ng pamasahe, produkto at serbisyo,” Villanueva said in a statement.

(The increase in toll fee is a huge blow to the public because everyone is affected. With the toll increase, fares, products and services will also increase.)

“Sa mga truckers na may pinakamalaking toll na binabayaran sa NLEX, ang dagdag na singil ay babawiin nila sa presyo ng hauling o transportation,” he added.

(The truckers who pay the highest toll in NLEX will offset the increase in the prices of hauling or transportation.)

The toll hike, which was implemented since November 6, prompted an increase of 25 centavos per kilometer on NLEX.

Under the new toll matrix, Class 1 vehicles or ordinary cars traversing from EDSA-Balintawak or Mindanao Avenue in Quezon City to Sta. Ines in Mabalacat, Pampanga would have to pay an additional P18.

An additional P46 would have to be shouldered by Class 2 vehicles or buses and small trucks while Class 3 vehicles, which include large trucks and trailers, would have to pay P56 more in toll fees.

NLEX is a major national road that connects Metro Manila to Central and North Luzon. About 220,000 vehicles pass through the expressway on a daily basis or approximately 6.6 million monthly.

“Considering the volume of end-users, the increase would inevitably have a domino effect in the amount of commodities that passes through this roadway, and the amount of transportation cost, especially the amount of fares in public utility vehicles,” Villanueva explained.

Meanwhile, the Manila North Tollways Corp. (MNTC), which acts as the builder and concessionaire of the NLEX, cites as justification for the increase the necessity to recoup its investment.

MNTC president and chief executive Rodrigo Franco said the toll adjustment was needed for them to be compensated for the P2.9 billion they spent for the construction of the more than 50 kilometer-road from Sta. Rita to San Fernando.

In 2016, the MNTC issued a notice of arbitration and statement of claim to the government to obtain compensation which amounts to P3 billion for the said expressway.

However, Villanueva said MNTC’s 2016 Annual Report “casts a cloud of doubt on its entitlement to such increase.”

Based on its annual report, MNTC’s total revenues have been increasing from 2014 to 2016 – from P7.6 Billion in 2014 to P10.7 Billion in 2016. Its net income increased by 37 percent in 2016.

“These figures make it quite absurd to claim that the MNTC is not able to recoup its investments,” Villanueva said.

The senator said he considers filing a resolution that would allow scrutiny of the said toll hike.

He pointed out that law and jurisprudence have provided guidelines in the increase of toll fees.

Villanueva cited Section 3(d) of Presidential Decree 1112, which states that before toll rates may be issued, modified and promulgated, there must be prior notice and public hearing “to approve or disapprove the petitions for the increase.”

Villanueva also noted that under the Administrative Code of 1987, the Commission on Audit (CoA) should be consulted on any proposed toll hike.

“Thus, aside from the requirement of notice and hearing, COA must also be consulted before TRB approves any increase in toll hikes. Moreover, the rates should also be fair, reasonable and sensitive to the interests of our road users,” Villanueva stressed.     /kga