High Court orders PNCC to justify toll hike

The Philippine National Construction Corp. (PNCC) was ordered by the Supreme Court (SC) yesterday to justify the charging of increased tolls at the South and North Luzon Expressways.

However, the court did not stop the Toll Regulatory Board (TRB) from collecting the 29-60 percent toll hike from motorists.

At Malacañang, President Arroyo summoned to today’s Cabinet meeting PNCC officials led by chairman Luis Sison to explain why the tolls were increased.

Presidential Spokesman Rigoberto Tiglao told reporters Mrs. Arroyo cannot summon TRB officials to the Palace without compromising the agency’s independence.

"The (TRB) is technically independent," he said. "So it would be up to the TRB if they want to explain their decision. They are welcome to it. But they cannot be called to explain their decision."

However, Tiglao said Mrs. Arroyo can make the PNCC, a government-owned and -controlled corporation, explain why toll in the two expressways was hiked.

Mrs. Arroyo has not directed the PNCC and TRB to suspend the toll hikes, he added

In a one-page resolution, the Supreme Court’s third division ordered the PNCC and TRB to rebut before Friday the taxpayer’s suit filed by lawyer Ceferino Padua last Jan. 2 questioning the legality of the toll increases.

The case was set for hearing at 2:30 p.m. Friday at the third division’s conference room at the Supreme Court building on Padre Faura street in Ermita.

In his 14-page taxpayer’s suit, Padua accused the TRB of "unilaterally and arbitrarily" imposing an "exorbitant" toll on New Year’s Day at the behest of CITRA Metro Manila Tollways Corp., the tollways’ investor.

"There is not an iota of evidence to justify a provisional increase (in tolls)," read Padua’s petition for a temporary restraining order. "Apparently, TRB attacked like a thief in the night."

Padua said the toll hike’s "perfect timing" was questionable as it was carried out during the holidays, not to mention that a notice was not published in the newspapers for three consecutive weeks.

"Otherwise, the distribution of the spurious-looking advisory to motorists at toll gates would smack of large-scale swindling of motorists," read Padua’s petition. "TRB executive director Jaime Dumlao Jr. seems to have delivered a perfect Christmas present to CITRA."

Padua accused Dumlao of imposing the toll hike without the approval of the TRB board in violation of its rules and regulations, which require that the "board en banc" decide provisional toll adjustments. — With Marichu Villanueva