The duo stated in their urgent motion that they wanted to prevent the "two-phased toll increase," which they estimated to be 300 percent — the second of which will be implemented effective next month — from being carried out.
The first was last January, but President Arroyo suspended the toll collection. Padua and Zialcita argued the increase runs against the Philippine National Construction Corp.’s franchise on "toll adjustments occurring more than once a year."
"No evidence whatsoever has been introduced by toll applicant Citra in support of Resolution 2001-89 during the alleged 11 hearings before the TRB," they stressed, referring to the basis (TRB resolution) of the toll increase.
By July 1, motorists using the Magallanes-Alabang route will have to pay P42 (from the current P33), Alabang-Sucat P31 (from P24) and Alabang-Bicutan P20 (from P15). Motorists using the Skyway will have to pay P10 more, from the current P65.
They added that Indonesian-owned Citra even violated the 1987 Constitution regarding foreign ownership of public utilities as it owns 80 percent of its joint venture with PNCC, which, however, only has a 20 percent stake.
"This indeed violates the Constitutional 60/40 requirement (60 percent Filipino) for public utilities under the Constitution," they emphasized. They disclosed Citra rakes in 90 percent of the proceeds while PNCC only gets the remaining 10 percent.
"These highways are clearly beyond the commerce of man, more so for a foreign entity, called CITRA, which continues to extort money from our own people in the form of tolls on our public roads," Padua emphasized in his January petition.
Rules regarding publication of the proposed tall hike were not complied with "faithfully," as mandated by the PNCC franchise. "These infractions constitute grave denial of due process."
"Neither has the formula for toll increase under the same section (Section 9 of PD 1894 [PNCC franchise]) provided as the sole basis for adjustment under the law, been followed," they stated in their six-page urgent motion for TRO.– Delon Porcalla