CA upholds gov’t order on phaseout of mini buses 15 years and older
MANILA, Philippines — The Court of Appeals has dismissed the bid of operators of utility minibuses in the country to stop the implementation of an order mandating the phaseout of their units that are more than 15 years old.
In a seven-page resolution issued on Monday, the appeals court’s 14th Division said it could not see any compelling reason to issue a restraining order against the phaseout order issued by the Land Transportation Franchising and Regulatory Board (LTFRB).
“The Court perceives no compelling reason for the issuance of a TRO, much less for a writ of preliminary injunction,” the appeals court said in a ruling penned by Associate Justice Maria Elisa Sempio Diy.
The CA added that petitioners who are transport organizations failed to show that they would suffer grave and irreparable injury from the implementation of the order.
“There is no showing that petitioners-associations will stand to suffer grave and irreparable injury or that they have a clear legal right which ought to be protected. The court thus finds no reason for the issuance of the injunctive relief prayed for,” the appeals court said. “In the case before us, there is no irreparable injury as understood by law. Petitioners’ bare allegation that they have a clear legal right to continue the operation of their public utility minibuses, being previous holders of valid CPCs, is not convincing,” it added. The appellate court also ordered the parties to submit their memoranda within 15 days from receipt of the resolution after which, the case will be submitted for decision. The case stemmed from the July 31, 1996 order issued by respondent Department of Transportation and Communications (DOTC) entitled “Modernization of Public Transport Services” mandating the phaseout, among others, of public utility minibuses that are more than 15 years old. Then, in 2002, the DOTC issued Department Order No. 2002-30 modifying its previous order by reckoning the 15-year-age limit from date of manufacture of the subject vehicle instead of date of initial registration with the Land Transportation Office (LTO). On Jan. 11, 2013, respondent LTFRB promulgated Resolution No. 2013-10 resolving that strict observance of the 15-year-age limit on public utility minibus is applicable eve to holders of Road Worthiness and Motor Vehicle Inspection Section (MVIS) Certificates. Currently, the LTFRB is no longer confirming and allowing the extension of the certificates of public convenience issued to minibuses which are already 15 years old prompting operators to go to the appeals court. But the appeals court said “petitioners’ bare allegation that they have a clear legal right to continue the operation of their public utility minibuses being previous holders of valid CPCs, is not convincing.” Among the petitioners in the case are the National Confederation of Transport Workers Inc. and Samahan ng Mga Operator, Tsuper at Konduktor ng mga Mini Bus Sa Hilagang Katagalugan Inc. Concurring with the ruling were Associate Jutices Ramon M. Bato Jr. and Manuel Barrios.
