THE METROPOLITAN MANILA DEVELOPMENT AUTHORITY and BAYANI FERNANDO as Chairman of the MMDA, petitioners VS. VIRON TRANSPORTATION CO., INC., respondent
FACTS:
President Gloria Macapagal Arroyo issued the E.O. on February 10, 2003, "Providing for the Establishment of Greater Manila Mass Transport System," the pertinent portions of which read:
WHEREAS, Metro Manila continues to be the center of employment opportunities, trade and commerce of the Greater Metro Manila area;
WHEREAS, the traffic situation in Metro Manila has affected the adjacent provinces of Bulacan, Cavite, Laguna, and Rizal, owing to the continued movement of residents and industries to more affordable and economically viable locations in these provinces;
WHEREAS, the Metropolitan Manila Development Authority (MMDA) is tasked to undertake measures to ease traffic congestion in Metro Manila and ensure the convenient and efficient travel of commuters within its jurisdiction;
WHEREAS, a primary cause of traffic congestion in Metro Manila has been the numerous buses plying the streets that impedes [sic] the flow of vehicles and commuters due to the inefficient connectivity of the different transport modes;
WHEREAS, the MMDA has recommended a plan to decongest traffic by eliminating the bus terminals now located along major Metro Manila thoroughfares and providing more convenient access to the mass transport system to the commuting public through the provision of mass transport terminal facilities that would integrate the existing transport modes, namely the buses, the rail-based systems of the LRT, MRT and PNR and to facilitate and ensure efficient travel through the improved connectivity of the different transport modes;
WHEREAS, the national government must provide the necessary funding requirements to immediately implement and render operational these projects; and extent to MMDA such other assistance as may be warranted to ensure their expeditious prosecution.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. THE PROJECT. – The project shall be identified as GREATER MANILA TRANSPORT SYSTEM Project.
Section 2. PROJECT OBJECTIVES. – In accordance with the plan proposed by MMDA, the project aims to develop four (4) interim intermodal mass transport terminals to integrate the different transport modes, as well as those that shall hereafter be developed, to serve the commuting public in the northwest, north, east, south, and southwest of Metro Manila. Initially, the project shall concentrate on immediately establishing the mass transport terminals for the north and south Metro Manila commuters as hereinafter described.
Section 3. PROJECT IMPLEMENTING AGENCY. – The Metropolitan Manila Development Authority (MMDA), is hereby designated as the implementing Agency for the project. For this purpose, MMDA is directed to undertake such infrastructure development work as may be necessary and, thereafter, manage the project until it may be turned-over to more appropriate agencies, if found suitable and convenient. Specifically, MMDA shall have the following functions and responsibilities:
a) Cause the preparation of the Master Plan for the projects, including the designs and costing;
b) Coordinate the use of the land and/or properties needed for the project with the respective agencies and/or entities owning them;
c) Supervise and manage the construction of the necessary structures and facilities;
d) Execute such contracts or agreements as may be necessary, with the appropriate government agencies, entities, and/or private persons, in accordance with existing laws and pertinent regulations, to facilitate the implementation of the project;
e) Accept, manage and disburse such funds as may be necessary for the construction and/or implementation of the projects, in accordance with prevailing accounting and audit polices and practice in government.
f) Enlist the assistance of any national government agency, office or department, including local government units, government-owned or controlled corporations, as may be necessary;
g) Assign or hire the necessary personnel for the above purposes; and
h) Perform such other related functions as may be necessary to enable it to accomplish the objectives and purposes of this Executive Order.
The EO designated MMDA as the implementing agency for the Project.
On February 24, 2003, Viron Transport Co., Inc., a domestic corporation engaged in the business of public transportation with a provincial bus operation, filed a petition for declaratory relief before the RTC of Manila.
Respondent alleged that MMDA, through Chairman Fernando, was "poised to issue a Circular, Memorandum or Order closing, or tantamount to closing, all provincial bus terminals along EDSA and in the whole of the Metropolis under the pretext of traffic regulation". It stressed that this impending move would mean the closure of its bus terminal in Sampaloc, Manila and two others in Quezon City.
Respondent also alleged that MMDA's authority does not include the power to direct provincial bus operators to abandon their existing bus terminals to thus deprive them of the use of their property. Viron, then, asked the court to construe the scope, extent and limitation of the power of the MMDA to regulate traffic under RA 7924, "An Act Creating the Metropolitan Manila Development Authority, defining its powers and functions, providing funds therefor and for other purposes".
However, the trial court sustained the constitutionality and legality of the EO pursuant to RA No. 7924, which empowered the MMDA to administer Metro Manila's basic services including those of transport and traffic management. The said E.O is a valid exercise of the police power of the State as it satisfied the two tests of lawful subject matter and lawful means, hence, Viron's and Mencorp's property rights must yield to police power.
Viron's and Mencorp's motion for reconsideration was denied and hence, this petition.
ISSUE:
Whether or not the requisites for declaratory relief are present and hence, no justiciable controversy.
RULING:
The petition fails.
The Court provides the essential requisites for a declaratory relief petition:
(a) There must be a justiciable controversy;
(b) The controversy must be between persons whose interests are adverse;
(c) The party seeking declaratory relief must have a legal interest in the controversy; and
(d) The issue invoked must be ripe for judicial determination
The requirement of the presence of a justiciable controversy is satisfied when an actual controversy or the ripening seeds thereof exist between the parties, all of whom are sui juris and before the court, and declaration sought will help in ending the controversy. A question becomes justiciable when it is translated into a claim of right which is actually contested.
In the present case, respondents' resort to court was prompted by the issuance of the E.O. The 4th Whereas clause, sets out the MMDA's plan to "decongest traffic by eliminating the bus terminals now located along major Metro Manila and providing more convenient access to the mass transport system to the commuting public through the provision of mass transport terminal facilities.
Notable from the 5th Whereas clause the plan to "remove the bus terminals located along major thoroughfares of Metro Manila and an urgent need to integrate the different transport modes". The 7th Whereas clause proceeds to mention the establishment of the North and South terminals.
Thus, it appears that the issue has already transcended the boundaries of what is merely conjectural or anticipatory.
Hence, under the circumstances, for respondents to wait for the actual issuance by the MMDA of an order for the closure of respondents' bus terminals would be foolhardy for, by then, the proper action to bring would no longer be for declaratory relief which, under Section 1 of Rule 63 of the Rules of Court, must be brought before there is a breach or violation of rights.
WHEREFORE, the Petition is, in light of the foregoing disquisition, DENIED. E.O No. 179 is declared NULL and VOID for being ultra vires.
No comments:
Post a Comment