MMDA loses bid to overturn ruling on bus terminals

A Manila judge has turned down a motion for reconsideration filed by the Metropolitan Manila Development Authority (MMDA) and sustained its earlier ruling to allow the bus companies to keep their terminals.

Judge Silvino Pampilo Jr. of Manila City Regional Trial Court-Branch 26 found no cogent reason to reverse the order, which he issued last Sept. 8.

"The motion for reconsideration filed by the MMDA through the Office of the Solicitor General (OSG), with opposition filed by petitioners Viron Transportation Co. Inc. and Mencorp Transportation System Inc., is hereby denied," Pampilo said in his one-paragraph ruling.

The court ruling has further derailed the MMDA’s Greater Manila Mass Transport System (GMMTS), a traffic decongestion project that intends plans to centralize provincial bus stations by having just one northern and one southern point on EDSA.

In the Sept. 8 decision, the court maintained that Executive Order 179, which was issued by President Arroyo to decongest traffic through the closing of bus terminals along major Metro Manila thoroughfares, was "unconstitutional" since it involved an unreasonable exercise of police power.

Petitioner Viron said relocating their terminals to EDSA would be detrimental to their business since they infused substantial capital to provide comfort and convenience to their passengers.

"It would be grossly unfair should said bus terminal not be used for the purpose for which it was constructed and the owner deprived from recovering its investment," the court said.

Pampilo said that the MMDA has no police power to order or direct the closure of the petitioners’ existing bus terminals.

The OSG, acting as legal counsel of the traffic agency, stated in its motion for reconsideration dated Sept. 29 that the bus companies are only able to operate because they have a franchise.

"A franchise is but a mere privilege subject to continuing regulations of the government," the OSG stated.

Viron suggested that apart from compelling them to move out of their current locations and building a common terminal, there are other ways of clearing Metro Manila of heavy traffic such as implementing traffic re-routing schemes, removing "colorum" public utility vehicles and disallowing private vehicles that ferry passengers.

"The MMDA should concentrate on eliminating these illegal and pernicious activities rather than wantonly depriving bus operators, who are legally doing business, of the use of their properties. In other words, strict enforcement of traffic laws is needed," the petitioners added.