Lawyer Ricardo Lapesura, legal counsel of Victory Liner Inc., said LTFRB chief Elena Bautista took severe action against his client "without due process."
"Decisions and/or orders of quasi-judicial bodies like the LTFRB are not immediately executory and cannot be enforced unless and until those decisions or orders have become final," Lapesura pointed out.
Bautista suspended and cancelled Victory’s certificate of public convenience (CPC) after one of its drivers refused to allow a passenger to get off in a no loading zone and for a unit’s involvement in a traffic accident.
She allegedly ordered last May 12 the cancellation of Victory’s franchise for 14 buses after a company lawyer failed to appear in a court hearing in San Jose City regarding a vehicular accident case filed by a motorist.
The LTFRB chief issued another order on May 17 suspending the Victory franchise that affects 56 units when one of its drivers did not let a passenger get off at a restricted area.
Since Victory received copies of the orders only last June 16, the period to file a motion for reconsideration or an appeal has not yet lapsed. Neither have these orders gained finality, the lawyer pointed out.
"It is therefore premature for concerned law enforcement agencies to take action precisely because said orders are still open to question," Lapesura said
He pointed out that Bautista’s order of suspension and cancellation of franchises is also open to question on grounds of due process because only selected and specified bus units under the franchise are subject to complaint, the lawyer said.
"To suspend or cancel the franchise of bus units not being complained deprives bus crews and their families of income needed for their daily sustenance and likewise deprives the riding public of good roadworthy buses to service their transportation needs," Lapesura said.
He stressed that Victory’s request for Mendoza’s intervention may be treated as "an appeal for succor by the entire industry, already laboring under adverse conditions brought about by the steady increase of fuel and parts."
"Legitimate operators must not be additionally burdened by other conditions brought about by government agencies tasked to regulate public transportation," the lawyer said.