Case Digest (G.R. No. 126859)
Facts:
In JAMES MIRASOL, RICHARD SANTIAGO, AND LUZON MOTORCYCLISTS FEDERATION, INC. v. DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS and TOLL REGULATORY BOARD (G.R. No. 158793, June 8, 2006), petitioners – two private individuals and a motorcyclists’ association – challenged the validity of several administrative issuances banning motorcycles on toll expressways. On January 10, 2001, they filed a Petition for Declaratory Judgment with Application for Temporary Restraining Order in Makati RTC No. 01-034 seeking to nullify DPWH Administrative Order No. 1 (1968), Department Order No. 74 (1993), Department Order No. 215 (1998), and TRB’s revised rules on limited access facilities as inconsistent with Republic Act No. 2000 (the Limited Access Highway Act). The RTC granted a preliminary injunction on June 28, 2001, and issued a writ on July 16, 2001, conditioned on a ₱100,000 bond. While the case was pending, DPWH through TRB issued DO 123 (July 18, 2001) allowing only motorcycles with engines ofCase Digest (G.R. No. 126859)
Facts:
- Parties and Administrative Issuances
- Petitioners James Mirasol, Richard Santiago, and Luzon Motorcyclists Federation, Inc. filed a Petition for Declaratory Judgment with Application for Temporary Restraining Order and Injunction (Civil Case No. 01-034, RTC Makati Branch 147) on January 10, 2001.
- They sought nullification of:
- DPWC Administrative Order No. 1 (AO 1), Series of 1968 (prohibiting motorcycles, bicycles, tricycles, pedicabs on limited access highways);
- DPWH Department Order No. 74 (DO 74), Series of 1993 (declaring NLEX and SLEX as limited access facilities and authorizing TRB regulations);
- DPWH Department Order No. 215 (DO 215), Series of 1998 (declaring Manila–Cavite Toll Expressway sections as limited access facilities);
- TRB Revised Rules and Regulations on Limited Access Facilities (1998).
- Trial Court Proceedings and Interim Relief
- June 28, 2001: RTC grants preliminary injunction, enjoining enforcement of total motorcycle ban on NLEX, SLEX, and Manila–Cavite Toll Expressway, conditioned on P100,000 bond (posted July 16, 2001).
- July 18, 2001: DPWH issues DO 123 allowing motorcycles of at least 400 cc on limited access facilities.
- Both sides file memoranda; case submitted for decision.
- RTC Decision and Reconsideration
- March 10, 2003: RTC dismisses petition insofar as AO 1, DO 74, and TRB rules are concerned (validity presumed) but declares DO 123 invalid under the Equal Protection Clause.
- June 16, 2003: RTC denies petitioners’ motion for reconsideration.
- Petitioners elevate the case to the Supreme Court via Petition for Review on Certiorari under Rule 45.
Issues:
- Whether the RTC’s preliminary injunction order of June 28, 2001 operates as res judicata barring dismissal of the petition on the merits.
- Whether DO 74, DO 215, and the TRB’s Revised Rules and Regulations on Limited Access Facilities contravene Republic Act No. 2000 (Limited Access Highway Act).
- Whether AO 1 (1968) and DO 123 (2001) are unconstitutional (Equal Protection, Right to Travel).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)