Supreme Court junks petition vs SLEX toll hike

MANILA, Philippines - The Supreme Court (SC) has junked the petition of Albay Gov. Joey Salceda seeking to stop the implementation of an increase in toll rates at the South Luzon Expressway (SLEX).

The high court said the arguments raised by the governor had been resolved when it ruled on four similar petitions last month involving the toll rate increase.

“Considering that Gov. Salceda has not raised, in this recourse, any new issue, which has not been considered and passed upon in the earlier resolved petitions, this Court hereby resolves to dismiss his petition,” the SC said in an 11-page resolution promulgated Tuesday.

The court’s lifting of the temporary restraining order on the implementation of the SLEX toll increase, which was made last Aug. 13 with respect to Salceda’s petition, will push through.

Salceda argued that his constituents stand to suffer the repercussions of the imminent toll fee increase in SLEX.

Salceda said the planned increase in toll fees earlier pegged at 277 percent is “exorbitant, unconscionable and shocking.”

The governor said the Toll Regulatory Board (TRB) committed grave abuse of discretion amounting to lack or excess of jurisdiction when it included the toll rates in the Supplemental Toll Operation Agreement (STOA) with South Luzon Tollway Corp. (SLTC).

He said the authority of the SLTC extends only to construction, operation and maintenance of toll facilities.

Salceda said the STOA violated PD 1112 for including provisions in determining and fixing of toll rates, stressing that such massive increase “will prompt substantial negative consequences in the lives of ordinary citizens of the Bicol region.”

Salceda said the public couldn’t expect TRB to change the rate previously fixed in the STOA “as a matter of contractual obligation.”

“If the argument of the TRB is to be followed, the motoring public is supposed to file a petition for review with the TRB for it to review what it has already committed to comply are a matter of contractual obligation,” he argued.

Salceda called on the SC to nullify the published new toll rates and order the TRB “perform their legal duty to send notice and conduct hearing on the adjustment of fees at the SLEX.

The STOA was entered into by the government, through the TRB, with SLTC in 2006, which holds the 25-year concession on the 30-kilometer SLEX.

In its ruling last month, the SC already rendered a decision upholding the legality of STOA and other contracts entered into by the government with SLTC and other toll operators.

In that decision, the SC lifted the TRO it issued last Aug. 13 against the implementation of the toll increase at the SLEX based on the contract signed by the government and its joint venture partners in 2006.

All petitions against the STOAs covering SLEX and other expressways were discussed in the decision - except that filed by Salceda that also assailed the STOA on SLEX and sought issuance of TRO.

The present toll from Alabang to Calamba is P22 for cars. Once the hike is implemented, this will increase from P70 to P85. Motorists driving Class 1 vehicles or cars, vans, and other small vehicles through Alabang in Muntinlupa City to Calamba, Laguna will have to pay P77 from the current P21 once the new rate is implemented.

Class 2 vehicles or light trucks and buses will be charged P155 from P43, and Class 3 vehicles or heavy and multi-wheeler trucks, P232 from P65.