LTFRB could have stopped Manila truck ban, exec says

MANILA, Philippines - The Land Transportation Franchising and Regulatory Board (LTFRB) has the power to stop the Manila truck ban, if only someone had filed a complaint before the board, LTFRB Chairman Winston Ginez said yesterday.

“The LTFRB has the power to issue a temporary restraining order (TRO) or preliminary injunction in cases in which it has jurisdiction,” he said yesterday, reiterating his statements aired Monday night in a television interview.

“We cannot issue (a TRO or injunction) if no one filed a complaint,” he added in Filipino.

In his earlier interview with ABS-CBN News Channel’s Talkback, Ginez said they could have exercised their right to issue a TRO or preliminary injunction “if a certain complainant or trucker duly authorized by us to engage in land transportation business will come to our office.”

“But nobody came to us,” he said.

Under Executive Order 202, which created the LTFRB, the board has the power “to issue preliminary or permanent injunctions, whether prohibitory or mandatory, in all cases in which it has jurisdiction, and in which cases the pertinent provisions of the Rules of Court shall apply.”

Ginez said the LTFRB – which has regulatory and quasi-judicial functions – cannot stop the Manila ordinance on the truck ban without a complainant.

He said a case must be filed either with their office or a regular court, which will then decide on whether or not it would declare that a certain ordinance is violating a national policy.

Ginez declined to comment when asked if the LTFRB also has jurisdiction – and could have issued a TRO or injunction last year – when the city government of Manila prohibited some buses from plying the city’s streets.

At the time, the LTFRB reportedly challenged the decision of the city government, adding that operators questioning the ban should go to the courts to question its legality. The issue has since been resolved.

Dialogue

Ginez said yesterday that he would prefer not to utilize his office’s quasi-judicial functions as it would not help in the dialogue between the city government of Manila and the trucker groups.

He said there was a breakthrough last week following the compromise, which allowed loaded trucks to travel in Manila from 10 a.m. to 5 p.m.