Case Digest (G.R. No. 181293)
Facts:
Ana Theresia Risa Hontiveros-Baraquel, Daniel L. Edralin, Victor M. Gonzales, Sr., Jose Apollo R. Ado, Rene D. Soriano, Alliance of Progressive Labor, Bukluran ng Manggagawang Pilipino, Lahing Pilipino Multi-Purpose Transport Service Cooperative, PNCC Skyway Corporation Employees Union (PSCEU), and PNCC Traffic Management & Security Department Workers Organization (PTMSDWO) v. Toll Regulatory Board, the Secretary of the Department of Transportation and Communications (DOTC), PNCC Skyway Corporation, Philippine National Construction Corporation, Skyway O & M Corporation, and Citra Metro Manila Tollways Corp., G.R. No. 181293, February 23, 2015, Supreme Court First Division, Sereno, C.J., writing for the Court.Petitioners (individuals and organizations, including two labor unions PSCEU and PTMSDWO) sought relief by way of an original petition for certiorari and prohibition under Rule 65, plus a request for a preliminary injunction/TRO, to annul: (a) the July 18, 2007 Amendment to the Supplemental Toll Operation Agreement (ASTOA) among the Republic (through the TRB), PNCC and Citra; (b) DOTC Secretary Mendoza’s July 20, 2007 memorandum approving the ASTOA; (c) the December 21, 2007 Memorandum of Agreement (MOA) among PNCC, PNCC Skyway Corporation (PSC) and CMMTC; and (d) the Toll Operation Certificate (TOC) issued to Skyway O & M Corporation (SOMCO) on December 28, 2007. Petitioners also sought to prohibit SOMCO from assuming operations.
The antecedents trace the TRB’s creation by P.D. No. 1112 (1977) and PNCC’s original franchise under P.D. No. 1113, later amended by P.D. No. 1894, and the 1993–1995 agreements whereby PNCC and PT Citra (CITRA) developed feasibility studies and formed the joint venture Citra Metro Manila Tollways Corporation (CMMTC). In 1995 the Republic (through TRB), CMMTC and PNCC executed a Supplemental Toll Operation Agreement (STOA) assigning construction to CMMTC and operation/maintenance to PNCC Skyway Corporation (PSC). CMMTC completed Stage 1, operated by PSC.
On 18 July 2007 the parties executed the ASTOA to cover Stage 2 and provided that SOMCO would replace PSC in operating and maintaining Stage 1. The DOTC Secretary approved the ASTOA by memorandum dated 20 July 2007 (pursuant to E.O. No. 497). On 21 December 2007 PNCC, PSC and CMMTC executed the MOA for SOMCO’s seamless assumption; PSC received ₱320 million for liabilities arising from retrenchment/separation of affected employees. The TRB issued the TOC to SOMCO on 28 December 2007, effective 10:00 p.m., 31 December 2007.
Concurrently, PTMSDWO filed a Notice of Strike on 28 December 2007; the DOLE Secretary assumed jurisdiction on 31 December 2007. On 3 January 2008 PSCEU and PTMSDWO filed a complaint for injunction and prohibition in the Regional Trial Court (RTC), Paranaque City, Branch 258, to enjoin the ASTOA, MOA and SOMCO’s assumption. The RTC denied the TRO/preliminary injunction (23 January 2008), reasoning that under R.A. 8975 lower courts cannot enjoin government infrastructure projects and that the act was already consummated. Petitioners filed a notice of dismissal on 28 January 2008; the RTC confirmed dismissal without prejudice (29 January 2008). PNCC, PSC and CMMTC moved for partial reconsideration arguing dismissal should be with prejudice; the RTC denied these motions (13 June 2008).
On 4 February 2008 petitioners filed the present Rule 65 petition before the Court. Respondents filed comments contesting standing, alleging forum shopping, and defend...(Pro-only)
Issues:
- Do petitioners have standing to maintain this petition?
- Did petitioners commit forum shopping?
- Does the Toll Regulatory Board (TRB) have statutory power to grant authority to operate a toll facility?
- Was the Toll Operation Certificate (TOC) issued to Skyway O & M Corporation (SOMCO) valid?
- Was the approval of the ASTOA by the DOTC Secretary valid as approval by the President?
- Was the assumption of toll operations by SOMCO...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)