G.R. No. 210592 - Dela Cruz vs. Domingo

Petitioner: Bagong Repormang Samahan ng mga Tsuper at Operator sa Rotang Pasig Quiapo via Palengke San Joaquin Ikot, Inc., represented by its President Cornelio R. Sadsad, Jr.
Respondents: City of Mandaluyong, Hon. Benjamin C. Abalos, Jr., Luisito Espinosa, and Amar Santdas.
The dispute centers on a petition for review challenging the Court of Appeals’ decision (which affirmed the Regional Trial Court’s denial) of the petitioner’s application for a writ of temporary restraining order and preliminary injunction.
The petitioner alleged that its members, by virtue of certificates of public convenience, had the clear legal right to ply along a specified route—including passing under the Shaw Boulevard-EDSA flyover.

The petitioner contended that the certificates of public convenience granted by the Land Transportation Franchising and Regulatory Board (LTFRB) give its members an unfettered and inherent right to operate along the route specified in the certificates.
It argued that prohibiting passage under the flyover constituted a violation of its members’ legal rights.
The petitioner asserted that local traffic enforcers not only prevented passage under the flyover but also issued multiple ordinance violation receipts (e.g., for “obstruction,” “no seat belt,” “disobedience,” “out of route”), even though there was no express prohibition.

On August 10, 2009, the Regional Trial Court denied the application for a temporary restraining order.
On January 4, 2010, the Regional Trial Court also denied the writ of preliminary injunction.
On December 28, 2012, the Regional Trial Court reaffirmed its denial of the petition for injunction, finding that the petitioner failed to establish its members’ clear legal right.
The Court of Appeals, in its May 26, 2015 Decision, affirmed the lower court’s finding, upholding the City of Mandaluyong’s power to regulate traffic under its Traffic Management Code.

The petitioner further introduced evidence of administrative cases it had filed with the LTFRB, Land Transportation Office, and the Ombudsman, arguing that the illegal operations of competing UV Express vehicles were affecting the livelihoods of its members.
Testimonies revealed that since the construction of the Shaw Boulevard-EDSA flyover (circa 2001), the drivers had been routinely prohibited from using the route underneath and were directed to use the flyover instead.
Documentary evidence included detailed routes in the certificates and the provisions of Ordinance No. 358 (the City Traffic Management Code), which empowers the local government to regulate loading/unloading zones and turning points for public utility vehicles.
The petitioner claimed that these restrictions led to a considerable daily loss of income, estimating losses of at least ₱500.00 per day per driver.

Whether certificates of public convenience, which include the Shaw Boulevard-EDSA flyover within their authorized routes, confer a clear legal right that cannot be restrained by local ordinances.
Whether the City of Mandaluyong, by enforcing its Traffic Management Code, violated the alleged legal rights of the petitioner’s members.
Whether the alleged decrease in income due to the prohibition constitutes a sufficient ground for granting a permanent injunction against the City.