The Court of Appeals has dismissed the petition of a party-list group seeking to remove the P10 provisional reduction in the P40 flag-down rate of air-conditioned taxis imposed by the Land Transportation Franchising and Regulatory Board last March.
In a resolution, the court’s Thirteenth Division through Associate Justice Normandie Pizarro said that the filing of the petition for certiorari and prohibition by 1-United Transport Koalisyon party list through its coordinator Perfecto Itliong was premature.
The appellate court stressed that the group’s motion for reconsideration is still pending before the LTFRB and has yet to be acted upon.
The CA said the Supreme Court has consistently ruled that before a party is allowed to seek the intervention of the court, all available administrative remedies must have been availed of.
“The petitioners are bound by procedural rules and may not disregard the same. It is not up to the petitioners to preempt the LTFRB’s action in their motions for reconsideration. The petitioners should have awaited the denial of their motions before filing the present petition,” the appellate court said.
Associate Justices Samuel Gaerlan and Ma. Luisa Quijano-Padilla concurred with the ruling.
In its petition, the group also sought the issuance of a temporary restraining order or a status quo order to stop the implementation of the P10-reduction of the taxi flag-down rate.
The LTFRB earlier said it decided to reduce the taxi fares after weighing “the rights of public land transport operators vis-à-vis the interest of the public in general, which is of paramount importance.”
The rate reduction was in relation to a petition filed by Negros Oriental Rep. Manuel Iway last December proposing the flag-down rate reduction, as well as a P1 -reduction in the rate for every succeeding 300 meters.
