CA won’t stop phaseout of old minibuses

MANILA, Philippines - The Court of Appeals (CA) has denied the immediate relief sought by operators of public utility minibuses in the country against an order issued by the Land Transportation Franchising and Regulatory Board (LTFRB) phasing out vehicles that are more than 15 years old. 

In a seven-page resolution released yesterday, the CA’s 14th Division rejected the petition of the National Confederation of Transport Workers Inc. and the Samahan ng Mga Operator, Tsuper at Konduktor ng mga Mini Bus Sa hilagang Katagalugan Inc. to issue a temporary restraining order on the ban on old minibuses.

“There is no showing that petitioners-associations will stand to suffer grave and irreparable injury or that they have a clear legal right which out to be protected,” read the ruling penned by Associate Justice Maria Elisa Sempio Diy.

The CA directed the parties to submit their respective memoranda within 15 days from receipt of notice before it rules on the merits of the case and comes up with a decision. 

Associate Justices Ramon Bato Jr. and Manuel Barrios concurred in this ruling.

The operators questioned LTFRB Resolution 2013-01, which ordered the phaseout of minibuses older than 15 years based on a 1996 Department of Transportation and Communications (DOTC) order on modernizing public transport services.

The DOTC issued another order in 2002, which sets the age based on the minibuses’ date of manufacture instead of the date of initial registration with the Land Transportation Office.

On Jan. 11, 2013, the LTFRB promulgated Resolution 2013-01, which states that the age limit on minibuses is applicable even to vehicles covered by roadworthiness and motor vehicle inspection section certificates.

At present, the LTFRB is no longer confirming and allowing the extension of the certificates of public convenience issued to old minibuses.

This prompted operators and other transport groups to seek relief with the CA.