no. 1 & 47 gr no. 181293
DESCRIPTION
consti 2016TRANSCRIPT
GR NO. 181293
ANA THERESIA “RISA” HONTIVEROS-BARAQUEL VS TOLL REGULATORY BOARD
FACTS: Philippine National Construction Corporation (PNCC), pursuant to P.D. 1113 with the right, privilege, and authority to construct, and operate toll facilities Toll Expressways, in a series of agreements transferred authority to perform operations of the South Metro Manila Skyway to Skyway O & M Corporation (SOMCO). Legislators and the Union of PNCC oppose the said transfer. They argue that the Toll Operation Certificate issued by the The Toll Regulatory Board (TRB) to SOMCO is highly irregular and that the transfer of authority is grossly disadvantageous to the government.
ISSUES: 1. Whether petitioners have standing;2. Whether the TRB has the power to grant authority to operate a toll facility;3. Whether the assumption of toll operations by SOMCO is disadvantageous to the government.
HELD:1. Petitioner filed as a legislator in her capacity as party-list representative of Akbayan. Hence, petitioners do not have the requisite legal standing, and as such, she was only allowed to sue to question the validity of any official action when it infringes on their prerogatives as members of Congress.
2. The Court has ruled that first, it is clear that Congress does not have the sole authority to grant franchises for the operation of public utilities. Congress is not required before each and every public utility may operate. Unless there is a law that specifically requires a franchise for the operation of a public utility, particular agencies in the executive branch may issue authorizations and licenses for the operation of certain classes of public utilities. The authority to operate a public utility can be granted by administrative agencies when authorized by law.
3. The allegations of petitioners are nothing more than speculations, apprehensions, and suppositions. It is understandable that SOMCO does not yet have a proven track record in toll operations, considering that it was only the Amendment to the Supplemental Toll Operation Agreement (ASTOA) and the Memorandum of Agreement that gave birth to it.