Case Digest (G.R. No. 166910)
Facts:
In G.R. Nos. 166910, 169917, 173630 and 183599 (decided October 19, 2010), petitioners led by Ernesto B. Francisco, Jr., Jose Ma. O. Hizon, former legislators, civic organizations and user‐associations challenged the authority of the Toll Regulatory Board (TRB) and its franchisee Philippine National Construction Corporation (PNCC) to enter into Supplemental Toll Operation Agreements (STOAs) with private joint‐venture partners for the North Luzon Expressway (NLEX), South Luzon Expressway (SLEX) and South Metro Manila Skyway (SMMS), and to impose toll‐rate hikes thereunder. They assailed Presidential Decrees 1112 (1977), 1113 (1977) and 1894 (1983) as unconstitutional delegations of legislative power, the ST OAs as void for lack of public bidding, and the 2004–2005 TRB resolutions approving initial and periodic adjustments of toll rates as exactions without due process. In G.R. No. 183599, Young Professionals and Entrepreneurs of San Pedro secured from the Regional Trial Court ofCase Digest (G.R. No. 166910)
Facts:
- Creation of Toll Regulatory Framework
- Presidential Decree (P.D.) 1112 (1977)
- Established the Toll Regulatory Board (TRB)
- Authorized TRB to contract for construction, operation and maintenance of toll facilities, issue Toll Operation Certificates (TOC), fix and adjust rates
- P.D. 1113 (1977) and P.D. 1894 (1983)
- Granted PNCC a 30-year franchise (May 1977–May 2007) for North Luzon Expressway (NLEX), South Luzon Expressway (SLEX) and Metro Manila Expressway (MMEX)
- Allowed extensions, linkages and assignment or cession of usufruct with presidential approval
- Private-Sector Participation and Supplemental Agreements
- 1993–1994 memoranda and opinions (GCC/DOJ) permitting joint ventures without public bidding
- 1994 MOU for rehabilitation/expansion; formation of First Philippine Infrastructure Development Corporation (FPIDC)
- SMMS (Skyway) Project
- JV: PNCC–P.T. Citra → Citra Metro Manila Tollways Corp. (CMMTC)
- STOA executed Nov. 27, 1995; approved by President Ramos
- Phase I completed Dec. 1998; periodic rate adjustment approved by TRB Res. 2004-53
- NLEX Expansion Project
- JV: PNCC–FPIDC → Manila North Tollways Corp. (MNTC)
- STOA executed Apr. 30, 1998; approved by President Ramos Jun. 15, 1998
- Initial toll rates approved by TRB Res. 2005-04
- SLEX Expansion Project
- JV: PNCC–Hopewell → MTD Manila Expressways, Inc. → South Luzon Tollway Corp. (SLTC) & Manila Toll Expressway Systems, Inc. (MATES)
- STOA executed Feb. 1, 2006; TOC and toll rates for PTR 1 & 2 approved Jun. 2010
- Judicial Proceedings
- G.R. Nos. 166910, 169917, 173630 (Rule 65 certiorari/prohibition)
- Challenges to STOAs, TRB resolutions fixing initial/adjusted rates, P.D. provisions, presidential and TRB actions
- G.R. No. 183599 (Rule 45 review)
- RTC Pasig (SCA No. 3138-PSG) June 23, 2008 decision annulled TOC for SLEX, enjoined toll collection, ordered asset turnover
- Consolidation of the four petitions by the Supreme Court
Issues:
- Is there an actual case or controversy with ripeness and do petitioners have locus standi?
- Is TRB validly empowered to grant authority (TOC) to operate toll facilities?
- Can TRB both contract for toll projects (TOAs/STOAs) and set/adjust toll rates and adjudicate rate disputes?
- Is the President’s approval of PNCC’s assignment of usufruct and STOAs a valid exercise of power?
- Are the STOAs covering NLEX, SLEX and SMMS valid, or do specific provisions violate the Constitution?
- Is public bidding required under the BOT Law or Procurement Act for these tollway projects?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)