Martial Law decree used in imposing toll increase

A decree – Letter Of Instruction-1334-a – issued by the late President Ferdinand Marcos during the martial law years is being invoked by the Toll Regulatory Board (TRB) in approving the petitions for toll hikes of the Star Tollway Corp. for the Southern Luzon Arterial Road (STAR) and PEA Tollways Corp. for the Manila-Cavite Toll Expressway or Coastal Road without conducting public hearings.

Roberto Martin, national president of Pasang Masda, said although the jeepneys are not affected by the toll hike they are registering their strong opposition to the procedures being adopted by the TRB in granting any provisional toll increase before conducting public hearings.

He said most provincial commuters take buses which pass the expressways and later on take jeepneys in reaching their final destinations.

“The shadow of martial law still hovers on ordinary commuters. Let’s get away with martial decrees, the 1987 Constitution has already repealed the oppressive laws,” he said.

Reacting to the statement of Julius Corpus, TRB spokesman, Martin told The STAR in a telephone interview that public hearings would only be conducted if a petition for review from motorists or commuters were filed before the toll regulatory body.

“If nobody files a petition for review the toll hike will become permanent after 90 days,” he said.

Corpus cited provisions of LOI 1334-a and contracts with the toll operators which allow the TRB to approve a provisional increase before conducting any public hearings.

“The TRB is just following the law, there is nothing irregular,” he said.

But the National Council for Commuters Protection argued that the process being adopted by the TRB is a violation of due process, a consitutional right of the commuters to air their side before a decision compelling them to pay for higher toll rates on expressways.

“It’s putting the cart before the horse. You cannot act on a petition without any public hearing, without consulting the riding public. It’s unconstitutional,” lawyer Vicente Milliora, NCCP chairman, said.

He said just like fare increase and reduction, the public must be duly notified and they have the right to oppose or approve any petition that would directly affect them, particularly in these economically difficult times.

“It’s arbitrary. It may be a ground for graft charges against TRB officials,” Milliora said.

Corpus, however, said the TRB welcomes any legal action as the toll increase is still provisional and that the NCCP can seek a review of the TRB decision within 90 days from the day of publication.