Another group of lawmakers challenged yesterday the legality of the increased overhead train fares before the Supreme Court (SC) which the government implemented last January 4.
Led by Sen. Joseph Victor “JV” Ejercito, the other new petitioners are Rep. Gustavo Tambunting (Parañaque City, 2nd district) and several party-list representatives led by Joselito “Lito” Atienza of Buhay party-list.
Like the first four petitions, the new case pleaded for the issuance of an injunctive relief that would restore the fares in LRT-1, LRT-2, and MRT-3 to the levels prior to January 4.
But Malacañang is standing firmly behind the higher yet reasonable MRT fares despite the new petition.
Presidential Communications Operations Secretary Herminio Coloma Jr. asserted that it was only fair for people using the train service in Metro Manila to pay the new appropriate fares. He explained that prior to the price adjustment, the train fares were way below the cost needed for the maintenance of the trains.
The new petitioners said that the Department of Transportation and Communications (DOTC) and the Land Transportation Franchising and Regulatory Board (LTFRB) violated the constitutional requirements of due process, social justice and public information in approving the fare hike through Department Order No. 2014-014 without proper public notice and hearing.
“The DOTC failed to coordinate and/or direct LTFRB to comply with the publication, notice and hearing requirements. This is the function of LTFRB as provided in EO 202, in relation to the 2011 LTFRB Rules of Procedures. Instead, DOTC unilaterally proposed, approved and implemented the fare adjustment,” the petitioners said.
At the same time, they said that the fare increases are against the rights and welfare of workers, which should be protected under Section 18 of Article II of the Constitution.
The first four petitioners against the fare increases were the Bagong Alyansang Makabayan (Bayan) led by its secretary-general Renato Reyes, former Iloilo Rep. Augusto Syjuco Jr., Bayan Muna Partylist Rep. Neri Colmenares, and the United Filipino Consumers and Commuters, Inc. (UFCC).
‘NO ROLLBACK’
Challenged in the petitions was Department Order No. 2014-014 dated December 18, 2014 which provided the “distance-based fare scheme using the P11 base fare plus an additional P1 per kilometer thereafter in accordance with the board resolution of the Light Rail Transit Authority (LRTA) with concurrence of the Land Transportation Franchising Regulatory Board (LTFRB) and the recommendation of the MRT-3 Office.”
As a result of the fare increase, an MRT-3 trip from North Avenue in Quezon City to Taft Avenue in Manila now costs R28 pesos from the original R15; an LRT-1 trip from Roosevelt Avenue in Quezon City to Baclaran in Paranaque Cty is now R30 from R20; and an LRT-2 trip from CM Recto in Manila to Santolan Road in Quezon City is now R25 from the original R15.
Named respondents in the petitions were DOTC Secretary Jose Emilio A. Abaya, Officer-in-Charge of MRT-3 Renato Z. San Jose, Light Rail Transit Authority (LRTA) Administrator Honorito D. Chaneco, the Metro Rail Transit Corporation, and the Light Rail Manila Consortium (LRMC).
The Office of the President (OP) had earlier declared that the fare increases would not be rolled back since the money that would be generated would boost finances and improve Metro Manila’s public transport system.
Finance Undersecretary Gil S. Beltran, said in MRT-3 alone, the national government is poised to generate at least R3 billion in savings, which will be realigned for the improvement and maintenance of the problematic train system.
“The government will continue to infuse billions of pesos in subsidies into MRT-3 and other rail systems in Metro Manila. The implementation of this long-delayed fare hike will just soften government burden,” Beltran said.
He pointed out that the government cannot totally exclude the annual subsidy to MRT and LRT as this will result in higher fares that are beyond the reach of ordinary commuters. (With a report from Genalyn D. Kabiling)
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