In his 14-page taxpayer’s suit, Ceferino Padua accused the TRB of "unilaterally and arbitrarily" imposing an "exorbitant" toll on New Year’s Day at the behest of tollway operators CITRA Metro Manila Tollways Corp.
"There is not an iota of evidence to justify a provisional increase (in tolls)," read Padua’s petition for a temporary restraining order. "Apparently, TRB attacked like a thief in the night.
Padua said the the toll hike’s "perfect timing" was questionable as it was carried out during the holidays, not to mention that a notice was not published in the newspapers for three consecutive weeks.
"Otherwise, the distribution of the spurious-looking advisory to motorists at toll gates would smack of large-scale swindling of motorists," read Padua’s petition. "TRB executive director Jaime Dumlao Jr. seems to have delivered a perfect Christmas present to CITRA."
Padua accused Dumlao of imposing the toll increase without the approval of the TRB board in violation of its rules and regulations, which require that the "board en banc" decide provisional toll adjustments.
"There is really more than meets the eye in this case," read Padua’s petition. "Like all regulatory boards, the TRB has been constituted in 1977 as a collegial body."
Padua said the foreign-owned CITRA — 80 percent Indonesian and 20 percent Filipino — is but a mere "investor" and should not be dealing with the TRB.
"CITRA is an investor, and not the franchise-operator, which is the Philippine National Construction Corp," read Padua’s petition. "The TRB has no jurisdiction over a non-franchise."
"These highways are clearly beyond the commerce of man, more so for a foreign entity, called CITRA, which continues to extort money from our own people in the form of tolls on our public lands."
Meanwhile, opposition Sen. Teresa Aquino-Oreta urged the Arroyo administration yesterday to reconsider the toll hike in the expressways linking Metro Manila to northern and southern Luzon.
"A reconsideration would give the public a much-needed breather from rising living costs and offset the measly fuel price reductions implemented by giant oil firms," she said.
Oreta said the extra expense in debt services is part of the risks the tollway operators have to take in running their business.
"They should not pass on this burden to the public because foreign currency adjustments should be part of the normal business risks that operators should take in implementing the project," she said.
Oreta said the operators have given as reason for the toll hike their increasing debt obligations, considering that the exchange rate had doubled from $1-P26 since they started operation.
Oreta said the government could "backpedal" on the TRB move in the same way that Malacañang had reconsidered its opposition to the extension of the Rent Control Law and the San Miguel Corp.–Kirin Brewery deal.
Unless the toll hike is reconsidered, prices of food from Central Luzon would increase, she added.
The TRB said failure to pay the debt obligations on the project would imperil implementation of its other phases.
On the other hand, The Partido ng Masang Pilipino (PMP) said The Citra Metro Manila Tollways Corp, was not satisfied with the 29 to 60 percent toll hike, saying it was asking for a 200 percent increase.
"Let us not fool ourselves," said PMP spokesman Crispin Remulla. "The 60 percent increase alone was too much already and the Arroyo administration should at least make something about it because the life of every Filipino has not changed in almost a year of Mrs. Arroyo in the presidency. And apparently she has turned a blind eye and a deaf ear.