Autobus appeals decision of case vs. rival bus line

CEBU, Philippines - Metro Cebu AutoBus Corp. filed a motion for reconsideration on the decision of the Land Transportation Franchising and Regulatory Board who earlier dismissed the case it filed against Vallacar Transit Inc.

MCAC legal counsel Manuel Momongan said that the decision of LTFRB regional director Romulo Bernardes dated July 20, 2009 is void and the latter acted with grave abuse of discretion and without authority.

Momongan said the order of Bernardes is null and void since it was solely decided by him alone without ay concurrence of the other composite members of the board.

MCAC in their omnibus opposition to the four applications filed by Vallacar Transit Inc. claimed that the latter is engaged in colorum operation, does not implement the authorized fare rates of the Board and by violating laws, rules and regulations implemented by the Board, does nor deserve the authority applied for.

"The ground alleged by the oppositor are not only unvalidated but patently whimsical, with no leg to stand on and is totally without merit. It is a nuisance opposition not worth the cost of the paper upon which it is written. In this sense, it is pure harassment," Bernardes said in his order.

Momongan countered that it is very difficult to figure out why Bernardes ruled so, especially that the allegation that the applicant is operating colorum buses is more than validated.

Vallacar Transit Inc., Bernardes said is an existing operator with approved authorized franchises in Luzon, Visayas and Mindanao.

"Although this statement of the respectable director appears to be more of an affront and insult directed not only to the oppositor but to the undersigned counsel as well," said Momongan adding that existing operators has to the right to oppose applications. – Mitchelle L. Palaubsanon/BRP     (THE FREEMAN)