By Jeffrey Damicog
The Supreme Court (SC) has been asked to stop the Metropolitan Manila Development Authority (MMDA) from banning provincial buses along EDSA.
Ako Bicol party-list, represented by Chairperson Aderma Angelie Alcazar and Representatives Ronald Ang and Alfredo Garbin Jr., filed yesterday (April 29) the petition which sought before the SC the issuance of a temporary restraining order (TRO) or a writ of preliminary injunction against MMDA Regulation No. 19-002, series of 2019.
“Petitioners and their fellow Bicolanos, coming to and from Metro Manila, have been primarily affected by the dry run of MMDA Regulation No. 19-002, Series of 2019 beginning 22 April 2019 and its intended full implementation come the month of June this year,” read the petition for certiorari and prohibition.
“They have been compelled and constrained, as they would surely be so compelled and constrained, to take longer trips with added travel costs and inconvenience as a result of hasty approval and implementation of the said regulation which was, it must be noted, issued without any legal, scientific and reasonable bases,” it lamented.
The party-list added that it will also be “more difficult for senior citizens, people with disabilities and commuting children.”
The petitioners named as respondents the MMDA Chairman Danilo Lim, Land Transportation Franchising and Regulatory Board (LTFRB) Chairman Martin Delcra III and the 17 mayors who comprise the Metro Manila Council (MMC).
The MMDA regulation intends to close down terminals of provincial buses and have their business permits canceled by local government units.
The regulation sets that provincial buses from the south are expected to end their trips at the South Integrated Terminal in Sta. Rosa, Laguna, and the Parañaque Integrated Terminal Exchange, while, those from the north will end at the Valenzuela Gateway Complex Central Integrated Terminal.
Forty-six terminals of provincial buses and public utility vehicles are expected to be shut down by the regulation.
Though the party-list lauds to the intent of the regulation to ease EDSA of traffic, Ako Bicol said the regulation violates provisions of the Constitution and should be declared void by the SC.
Among which, the party-list cited the regulation did not undergo public consultation and, thus, violates due process as guaranteed by the Constitution.
“MMDA Regulation No. 19-002, Series of 2019 is clearly unconstitutional for the failure of Respondents MMC and MMDA to observe due process of law, a right guaranteed under the 1987 Philippine Constitution,” it stated.
Ako Bicol also indicated that another constitutional violation is that the issuance of the MMDA regulation “constitutes a usurpation of official functions vested by law to the Land Transportation Franchising and Regulatory Board (LTFRB).”
“In light of the administrative nature of its powers and functions, Respondents MMDA and MMC are devoid of any authority to prohibit or revoke the issuance of business permits to all public utility bus terminals and operators and to ban the ingress and egress of public utility buses and other public utility vehicles in EDSA,” the petitioner said.