MANILA, Philippines - The Supreme Court (SC) stopped the government yesterday from building a common train station for the Light Rail Transit (LRT) and Metro Rail Transit (MRT) lines in front of the Trinoma Mall in EDSA-North Avenue in Quezon City.
In a two-page resolution, the high court’s first division issued a temporary restraining order (TRO) on the construction of the P1.4-billion facility in front of the Ayala-owned mall in response to a petition from SM Prime questioning the transfer of the project site from SM City North EDSA Mall.
In its petition, SM Prime said the transfer of the common station would be a violation of a memorandum of agreement with the Light Rail Transit Authority (LRTA) signed on Sept. 28, 2009 to construct the same in front of SM City North Edsa.
The SC decision enjoins “respondents (DOTC and LRTA), their agents and representatives, from proceeding with the transfer of the common station in front of SM City North EDSA to the new site in front of Trinoma Mall in North Avenue, Quezon City.”
The respondents in the SM Prime petition are LRTA and the Department of Transportation and Communications.
The DOTC, meanwhile, failed to issue a Notice of Award for the P65-billion LRT-1 Cavite extension project to the Light Rail Manila Consortium yesterday.
The SC also ordered the DOTC and the LRTA to answer the petition of SM within 10 days from receipt of notice.
The common station will connect LRT Line 1 with MRT Line 3 and the forthcoming MRT Line 7 to be built by Ayala Group.
SM Prime Holdings of retail and banking magnate Henry Sy elevated its plea for TRO to the high court after failing to get one from the Pasay City regional trial court last month.
The RTC denied the TRO petition of SM Prime, citing as reason Republic Act No. 8975 that prohibits lower courts from issuing injunction orders on government infrastructure projects.
Ryan San Juan, SM Prime legal counsel, said in a statement the TRO issuance reinforces the company’s case against the LRTA regarding the September 2009 MOA pending before the regional trial court of Pasay City.
The listed firm also clarified that SM Prime is not seeking to delay the P65-billion LRT-1 Cavite extension project.
“Rather, we are merely asking that the DOTC/LRTA and/or the winning bidder construct the Common Station component thereof in front of SM City North EDSA, in faithful compliance with the MOA,” San Juan said.
For his part, Transportation Secretary Joseph Emilio Abaya said the agency is now seeking an opinion from the Office of the Solicitor General on how to proceed with the issue concerning the common station and the award of the P65-billion LRT-1 Cavite extension project.