Supreme Court lifts TRO vs SLEX toll hike

MANILA, Philippines - The Supreme Court (SC) has lifted the temporary restraining order on the government plan to hike toll fees at the South Luzon Expressway (SLEX).

Upholding the legality of the Supplemental Toll Operation Agreement (STOA) between the Toll Regulatory Board (TRB) and the South Luzon Tollways Corp. (SLTC), the SC said the TRB must determine whether the toll contractor and operator are entitled to the toll.

The SC dismissed consolidated petitions of lawyer Ernesto Francisco Jr. and others questioning the legality of the proposed toll hike.

Motorists driving Class 1 vehicles or cars, vans, and other small vehicles from Alabang to Calamba would have to pay P77 from the current P21 once the new rate is implemented.

Class 2 vehicles or light trucks and buses will be charged P155 from P43, and Class 3 vehicles or heavy and multi-wheeler trucks, P232 from P65.

The SC held that Section 3(a) and (b) of Presidential Decree 1112 in relation to Section 4 of PD 1894 – which amended PD 1113 pertaining to the grant of franchise to PNCC – have vested the TRB with sufficient power to grant a qualified person or entity with authority to construct, maintain, and operate a toll facility and to issue a corresponding toll operating permit (TOC).

The SC also upheld the constitutionality of the three decrees.

Declaring that Congress may validly delegate its authority to issue franchises to some administrative agencies, the SC cited the case of the Land Transportation Franchising Regulatory Board, Civil Aeronautics Board, National Telecommunications Commission and the Philippine Ports Authority, which all have the authority to issue franchises.

The decision was penned by Associate Justice Presbitero Velasco Jr.