LTFRB junks appeal of Don Mariano on franchise revocation

MANILA, Philippines - The Land Transportation Franchising and Regulatory Board on Wednesday junked the appeal of the Don Mariano Transit Corp. on the revocation of its certificates of public convenience (CPC) after the fatal road accident in December last year.

In denying the bus company's motion for reconsideration, the LTFRB affirms its ruling to cancel Don Mariano's CPCs for lack of merit.

In a seven-page resolution, the LTFRB ruled that after a thorough review of the arguments set forth in the motion for reconsideration and all other evidence and documents held by LTFRB, the Board is convinced to reverse and set aside its ruling in January 14.

In Dec. 13, 2013, a wayward Don Mariano bus (UVC-916) plunged from the Skyway in Parañaque City and landed on the service road, killing 21 passengers and injuring over 20 others.

"The Board is upholding its decision to cancel, revoke and revert back to the State all the CPCs granted to Don Mariano Transit Corp together with all the rights and privileges attached to it," LTFRB chairman Winston Ginez said.

The bus firm filed its petition last January 27 or 13 days after receiving a copy of the decision, on grounds that the documents used by the Board in its ruling were misleading and inaccurate, for being denied of right to due process, and that the revocation and cancellation of the CPCs for its whole fleet was too harsh.

"Maliwanag sa lahat ng dokumento at reports na nakalap ng Board sa iba’t ibang departmento ng gobyerno na may paglabag na nagawa ang Don Mariano Transit na dahilan para manatiling suspendido pa rin ang kanilang permiso para pumasada muli," Ginez said.

The LTFRB also maintained that the assertions made by the company that it exercised a ‘high degree of diligence’ in the selection, supervision and maintenance of its drivers, were self-serving, unsupported by substantial and convincing evidence. 

It added that the company failed to negate the previous infractions and numerous complaints registered on their franchise records.

The LTFRB also said that there is no legal and factual bases to the bus company's assertions that it was deprived of its right to due process when it was not given opportunity to respond to the reports and documents presented before the Board.

Records with the LTFRB and Land Transportation Office show that a Don Mariano bus was also involved in an incident in May 19, 2012, where a call center agent was stabbed inside one of its units with the bus driver or conductor not doing anything to help the victim.

Another bus of the firm also figured in an accident along the EDSA-Ortigas flyover resulting in multiple physical injuries and damage to property in July 4, 2012. 

"The number of accidents that the bus company has been involved, not to mention the sheer number of lives lost and families displaced because of their loss, are primordial considerations that we can’t just ignore as non-issues in this case," Ginez said.