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Third plea vs EDSA bus ban filed before SC

Kristine Joy Patag - Philstar.com
Third plea vs EDSA bus ban filed before SC
The Metropolitan Manila Development Authority suspended the implementation of the provincial bus ban on EDSA to hold further consultations with the riding public and other stakeholders.
The STAR / Joven Cagande, File photo

MANILA, Philippines — The Makabayan bloc on Friday joined two groups of petitioners urging the Supreme Court to halt the Metropolitan Manila Development Authority's policy ban of buses along EDSA.

The Makabayan bloc, led by its chairperson Neri Colmenares, filed a Petition for Certiorari and Prohibition asking the SC to issue a temporary restraining order against MMDA Regulation No. 19-002, and strike it down as null and void.

The group, joined by incumbent lawmakers at the House of Representatives, is the third set of petitioners seeking the nullification of the said policy.

In their petition, the Makabayan alleged that the MMDA’s act is “so contrary to the law, settled jurisprudence and state policy.”

“It is apparent that the public’s right to people-oriented national transport system has been substantially and materially violated by the assailed MMDA Regulation,” they added.

The petitioners argued that the MMDA exceeded its powers in issuance of the bus ban policy because jurisprudence states that it does not possess legislative or police power.

They noted that the MMDA policy came from President Rodrigo Duterte’s directive, but they argued that this “could not be a valid source of power for the issuance of the assailed regulation.”

“Considering that MMDA is not equipped with police and legislative powers, verily it violates the due process rights not just of the affected buses but also the affected public,” the petition read.

“Additionally, since it failed to conduct consultations with the affected public, and study options other than banning provincial buses, the implementation of the assailed resolution will also violate equal protection rights,” it added.

SC no action yet

AKO Bicol party-list chairperson Aderma Angelie Alcazar and its incumbent representatives at the House, Ronald Ang and Alfredo Garbin Jr., first filed a petition for certiorari against the assailed MMDA regulation on April 29.

Almost a month later, Rep. Joey Salceda (Albay), who will be on his second term in July filed another plea assailing the same policy.

A STAR report, quoting insiders, said the high court deferred ruling on the two earlier filed petitions when the justices resumed session on June  4.

Action on the case may be taken on June 25, the report added.

READ: SC resets deliberation on EDSA bus ban

The MMDA suspended the implementation of the provincial bus ban on EDSA to hold further consultations with the riding public and other stakeholders.

The MMDA has yet to set the date when the ban will be enforced. — with reports from The STAR/Edu Punay

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