Judge wants answers in case meant to stall Grab, Uber

A JUDGE ordered the Land Transportation Franchising and Regulatory Board (LTFRB) to answer a petition filed by a group of taxi operators in Cebu, who want the agency to stop Uber, Grab and U-Hop.

Lawyer Jema Carreon, Judge Ma. Lynna Adviento’s clerk of court, summoned the LTFRB officials to answer the petition filed last June by the Metro Cebu Taxi Operators. Judge Adviento presides over Branch 58 of the Cebu Regional Trial Court (RTC).

Lawyer Winston Ginez, LTFRB chief; lawyer Antonio Inton and Engr. Ronaldo Corpos, board members; and lawyer Roberto Cabrera, the board’s executive director, have 15 days upon receipt of the summons to submit their answers.

Carreon reminded the respondents against filing a motion to dismiss, in keeping with guidelines issued by the Integrated Bar of the Philippines and Office of the Court Administrator.

“If you fail to answer within the time fixed, the plaintiff will take judgment by default and may granted the relief applied (for) in the complaint,” read Carreon’s summons.

Judge Adviento set the hearing on the application for the issuance of a temporary restraining order on Nov. 10. Local taxi operators filed the civil petition for declaratory relief against the LTFRB and the Land Transportation Office last June 29, 2016.

App-based

They want LTFRB to stop issuing certificates of public convenience to the other transportation networks. Uber, Grab and U-Hop pick up passengers who book their rides using smartphone apps.

The petitioners against them in Cebu are Richard Cabucos, Richard Corominas, Chiquito Obeso, Cardinal Lim, Peter Corominas, Mariano Terence Blanco, Paul Corominas, Mayo Perez, Michael Lee, and Glenn Batiancila.

- Sun.Star Cebu editorial, May 19, 2015

The petitioners said they want “equal protection of the law” even as the transportation system evolves with the use of technology and connectivity.

“Indeed, the ruling of this court on this case will practically be a matter of life and death for petitioners and, in the longterm, the public,” read the petition prepared by their lawyer Maricar Joy Taneda Tallo.

Transport network companies Uber System, Inc., Grab Taxi and U-Hop began their operations in the country sometime in 2014.

This came after the LTFRB issued department order giving a provisional authority to operate transportation network vehicle services.

But the petitioners said the respondents allowed these vehicle service firms to operate without the certificate of public convenience, in effect violating violating the Public Service Act and the Constitution.

The taxi operators said that the LTFRB “unduly delegated its functions” to regulate fares, rates, and other related charges to the foreign transport network companies.

The taxi operators asked the court to declare null the administrative regulations issued by the transportation department and the LTFRB for violating the Constitution.

One idea behind Uber and other startups in the “sharing economy” is the use of mobile connectivity to let individuals share and perhaps profit off some extra capacities.