SC issues TRO vs ‘Angkas’, orders arrest of drivers violating verdict

The Supreme Court (SC) has stopped the operation of online motorcycle passenger service “Angkas” in a temporary restraining order (TRO) issued last week but made public only yesterday (December 12).

It granted the plea for TRO sought by the Land Transportation FranNEW

chising and Regulatory Board (LTFRB) and the Department of Transportation (DOTR) which wanted the “Angkas” operator to get first its franchise from Congress.

“The Court, without necessarily giving due course thereto, resolves to issue a temporary restraining order, effective immediately and continuing until further orders from this Court, enjoining public respondent Judge Carlos A. Valenzuela, RTC, Br.213, Mandaluyong City, the private respondent (DBDOYC, Inc.), their agents, representatives, and anyone acting on their behalf, from implementing the assailed RTC Order dated 20 August 2018,” the resolution stated.

With the TRO, the SC stopped the implementation of the writ of preliminary injunction issued by the Mandaluyong City regional trial court (RTC) on a case filed by DBDOYC, Inc, “Angkas” online operator.

It also paved the way for the arrest of “Angkas” motorcycle drivers who would still pursue their work.

In November last year, the government stopped the operation of “Angkas” when the LTFRB and the Makati City government

shut down its training center.

It was LTFRB’s stand that the online operator should first get a franchise from Congress as a public utility under the provision of Republic Act No. 4136, the Land Transportation and Traffic Code.

But the injunction issued by the Mandaluyong City RTC enabled “Angkas” to resume its operation until the SC granted the TRO sought by the DOTR and LTFRB.

The LTFRB welcomed the TRO issued by the SC. “Our position remains the same – motorcycles registered in the service are not authorized to conduct business and offer public transport under Republic Act 4136. For

them to be allowed, the law has to be amended by Congress,” the Board said in a statement.

In November last year, Angkas voluntarily suspended its operations in Metro Manila after the LTFRB said that it violated RA 4136 or the Land Transportation and Traffic Code.

Under Section 7, private vehicles, private trucks, and private motorcycles, scooters, or motor wheel attachments “shall not be used for hire under any circumstances and shall not be used to solicit, accept, or be used to transport passengers or freight for pay.”

“Additionally, the safety of patrons and commuters are also put at risk, as motorcycles are not considered a safe

mode of public transport,” the agency added.

Following the release of the TRO, the LTFRB is set to issue a resolution ordering enforcers to implement the SC order and for Angkas operators and bikers to “cease and desist their service to avoid apprehension.”

Apprehension of Angkas bikers will commence upon the issuance of the LTFRB resolution within the day, the Board explained.

“We reiterate – safety is our priority. Following our laws is our priority. We will remain faithful to our mandate in giving commuters a safe and efficient mode of public transportation," the LTFRB added.