CA junks bus firm’s plea vs franchise cancellation

MANILA, Philippines - The Court of Appeals (CA) has dismissed Don Mariano Transit Corp.’s petition for review of the cancellation of the company’s franchises, the Land Transportation Franchising and Regulatory Board (LTFRB) said yesterday.

The CA said the petition was premature, citing a pending motion for reconsideration filed by the company before the Department of Transportation and Communications (DOTC). It was filed in February, 30 days after receiving the LTFRB’s decision to revoke and cancel its franchises.

If the DOTC decision is adverse to the petitioner, the bus company can elevate its case to the Office of the President, the LTFRB said.

“We hail the CA’s decision to deny Don Mariano Transit Corp.’s petition and have all their units remain grounded to prevent similar road accidents from happening on our roads,” said LTFRB Chairman Winston Ginez.      

The LTFRB, on Jan. 4, revoked the franchises covering 78 Don Mariano buses after one of its buses figured in a road accident along the Skyway in Alabang, Muntinlupa on Dec. 13, 2013 that left 21 people dead, including the driver.

In its order, the board said the bus firm had been “blatantly negligent” in maintaining its vehicles. The board had cited the discovery of the illegal change of chassis of the bus involved in the accident and past incidents involving the firm’s buses.

The company has appealed the order but the LTFRB, in its Feb. 17 ruling, said it found no reason to reverse the cancellation of the franchises. This prompted the bus firm to appeal the case with the DOTC.