THE Quezon City Regional Trial Court on Tuesday maintained that its 20-day temporary restraining order imposed on Uber and GrabCar does not cover existing operations earlier granted accreditations by the Land Transportation Franchising and Regulatory Board.
Branch 217 Judge Santiago Arenas clarified that the scope of his TRO applies to the Department of Transportation and Communications and LTFRB which are restrained from issuing new accreditations to operate the mobile app-based private car services.
Arenas said the petitioner, Stop and Go Transport Coalition, did not mention the names of Uber and GrabCar in its petition.
Because of such, she did summon the two companies to be a party to the case.
Citing DoTC’s Department Order 2015-11 allowing the operation of other new modes of transportation, such as premium taxi, airport bus and rapid bus transport, government lawyers requested clarification on the TRO’s coverage.
Arenas asserted that his TRO will remain, but told the petitioner to ask him to inhibit or stay away from the case.
A hearing for a writ of preliminary injunction is set on Dec. 15 at 2:30 p.m.
But Stop & Go Transport Coalition, however, insisted that the TRO’s function is to prevent the existing operation of Uber and GrabCar services, and not the future operations.
Its lawyer, David Erro, questioned the lower court’s failure to state categorically the TRO’s coverage on future operation of such transport services.
Arenas said the restraining order does not include Uber and GrabCar because of their non-inclusion in the petition of Stop & Go.
“If Uber and Grab are indispensable parties, they should have been included in the petition,” he added.
The petitioner said Uber and GrabCar’s operation has caused “grave and irreparable injury and damages,” and that its members bear the brunt of reduced income when private cars belonging to the TNVS have started to flood Metro Manila.
Stop & Go president Jun Magno said their income have dipped by 50 percent because of Uber and GrabCar.
