Vol. XXII, No. 70-A [ BusinessWorld Online ]
Saturday, November 1, 2008 | MANILA, PHILIPPINES
A group of taxpayers has asked the Supreme Court to dismiss a bid by the Toll Regulatory Board to give back the operations of the South Luzon Expressway (SLEX) to the state-owned Philippine National Construction Corp. (PNCC).
A group called Young Professionals and Entrepreneurs of San Pedro, Laguna asked the high court to affirm a Pasig court ruling that prevented the PNCC from running the main artery given its expired franchise.
Pasig Judge Luis R. Tongco on June 23 said the PNCC was operating under an invalid permit issued by the Toll Regulatory Board.
The firm’s 30-year franchise lapsed in May last year after Congress failed to extend it. Before the expiration, the toll board issued a certificate allowing the government to continue operating the tollway.
But the trial court noted that without a franchise, the PNCC was illegally collecting toll fees. The toll operator had also usurped legislative powers, it added.
Pending a final ruling, PNCC continues to run the main artery. Meanwhile, the toll operator has gone directly to the high court to raise legal questions.
It said the Pasig court ruling had violated a law banning lower courts from stopping major government infrastructure projects. The PNCC is also doing remedial works at the SLEX.
It added that it had issued the certificate to the PNCC for public interest, adding that it could do so without congressioal concurrence.
But the taxpayers said jurisprudence could make exceptions to the law barring trial courts from temporarily restraining state road projects. It noted that motorists’ welfare is paramount, which was being violated by the Toll
Regulatory Board’s continued usurpation of authority. It said the toll operator and PNCC continue to collect millions of pesos in toll fees from the public daily, "to the detriment of commuters using SLEX." — Ira P. Pedrasa
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