CA upholds cancellation of Don Mariano's bus operations

MANILA, Philippines - The Court of Appeals (CA) has dismissed outright Don Mariano Transit Corp.’s b tod overturn the decision of the Land Transportation Franchising and Regulatory Board to cancel the bus firm's certificates of public convenience ( CPCs).

In its resolution, the CA dismissed DMTC's petition for certiorari on LTFRB's January 4 decision to revoke the bus company's CPCs, saying it is still "premature" as it has a pending appeal before the Department of Transportation and Communications.

DMTC filed an appeal before DOTC, the mother agency of LTFRB, 30 days after receiving the Board’s decision to revoke and cancel its CPC.

The DOTC, as mandated by law, can deny or grant the appeal.

If the DOTC decision is adverse to the petitioner, the bus company cannot appeal directly to the CA, and can only be appealed to the Office of the President.

The Board revoked and reverted back to the State all the CPCs granted to DMTC’s 78 units together with all the rights and privileges attached due to its failure to comply with the terms and condition of its permit and negligence in providing the safe and proper transport service to the riding public.

One of  DMTC’s units figured in a road accident on Dec. 13, 2013 along the Alabang Skyway which killed 21 passengers and injured 24 others.

Records also show that DMTC was involved in an incident on 19 May 19, 2012 where a call center agent was stabbed inside one of its units with the bus driver and conductor not helping the victim.

Another unit of the bus company figured in an accident along the EDSA-Ortigas flyover resulting in multiple physical injuries and damage to property on July 4, 2012. A month after this incident, another DMTC bus was involved in a road mishap resulting in the death of a motorcycle driver.

“We hail the CA’s decision to deny Don Mariano Transit Corp.’s petition and have all their units remain grounded to prevent similar road accidents from happening in our roads,” LTFRB chairman Winston Ginez said.

The CA recently ordered the Board to lift the six-month suspension order on G.V Florida’s fleet of 86 units after the one of its buses figured in a fatal road accident in Bontoc, Mt. Province in February.

Just barely a month after a CA ruling allowed G.V. Florida to resume its operations, one of its units was again involved in a fatal road accident resulting in the death of a 34-year old farmer in in Tuguegarao City.