SC extends TRO on LRT-MRT common station project

The Supreme Court (SC) has extended for an indefinite period the effectivity of its order stopping the government from building the P1.4-billion station connecting the Light Rail Transit (LRT) and Metro Rail Transit (MRT) lines.

In a 22- page resolution promulgated on April 18 but released only yesterday, the high court’s First Division denied the petition of the Department of Transportation and Communications (DOTC) and Light Rail Transit Authority (LRTA) to lift the temporary restraining order (TRO) issued in July 2014 that stopped the construction of the common train station in front of Ayala-owned Trinoma Mall along North Avenue in Quezon City.

The SC also deferred ruling on SM Prime Holdings Inc. (SMPHI)’s petition for injunction until the Pasay City Regional Trial Court (RTC) issues a final decision on the case.

The high tribunal ordered the Pasay RTC Branch 111 to proceed with the hearing and resolve with dispatch the damages sought by SMPHI against the DOTC and LRTA.

The SC deferred action on whether to issue a permanent injunction against the transfer of the common station, noting that SMPHI’s right to a writ of permanent injunction depends on its right to specific performance under the memorandum of agreement with LRTA.

“We must highlight that what is involved here is a priority infrastructure project of the government within the strategic framework of the transportation sector,” the SC said.

“If the transfer of the common station is not temporarily enjoined, it may render moot or ineffectual any judgment in petitioner’s favor that the trial court might render,” it added.

Contrary to the respondents’ claims, the SC said there was no forum shopping in the case at bar.

It stressed that the RTC has no jurisdiction to issue a TRO in cases involving national government projects.

The common station will connect LRT Line 1, MRT 3 and the MRT Line 7 to be built by the Ayala Group.

In its petition, SMPHI questioned the transfer of the common station citing violation of its agreement with LRTA on Sept. 28, 2009 to construct the same in front of SM City North EDSA.

The SMPHI, parent company of the SM Group’s shopping malls, elevated its appeal to the high court after it was dismissed by the Pasay RTC in June 2014.