Ref.: Fidel F. Asor, Jr. / Anna Ferrer
Tel. No.: +63 (2) 854-0984
June 15, 2003
The Court of Appeals (CA) last week denied a petition to stop the Light Rail Transit Authority (LRTA) from taking over maintenance works of the Baclaran-Monumento system, which came two weeks after a lower court handed down a similar decision.
In a resolution, the CA Ninth Division said the instant petition for certiorari filed by the five petitioners, all residents of Pasay City, was fatally defective since the failed to file a motion for reconsideration in connection with a decision of a Pasay City court to deny the issuance of a temporary restraining order (TRO) against LRTA.
It will be recalled that Regional Trial Court Judge Henrick Gingoyon of Branch 117, Pasay City, denied last May 16 the petition for TRO against LRTA filed by a certain Froilan Gabawa, Pepito Bernardo, Gilberto Romualdo, Raphael Funtanares and Oscar Pesigan.
Gingoyon stated in his order that there was no extreme urgency that called for the issuance of a TRO.
Likewise, Gingoyon said, no a single witness came forward to ?present the merest of proof to substantiate the allegation that the LRTA does not have the technical expertise to maintain the Line 1 system.
The court, he added, is yet to be convinced that the petitioners, who are suing as taxpayers and commuters, are proper parties in this case or have a cause of action against the LRTA.
In the resolution penned by Associate Justice B.A. Adefuin-De la Cruz, the CA said under Section 1, Rule 65 of the 1997 Rules of Civil Procedure, a petition for certiorari will lie if there is no plain, speedy and adequate remedy in the ordinary course of law.
?A motion for reconsideration is deemed plain and adequate remedy provided by law. The general rule is that such a motion must first be filed before resorting to certiorari. This is to afford public respondent an opportunity to correct any actual or fancied error attributed to it by way of re-examination of the legal and factual aspects of the case,? the CA ruled.
The LRTA has been maintaining the Line 1 system since last May 16 when the maintenance contract of Transurb-Technirail was not renewed anew by the LRTA board pending the completion of a bidding for a new maintenance contract, which is expected to be awarded by July 1 this year.
LRTA strongly refuted claims by the former maintenance contractor, Technirail, that the safety of passengers is allegedly being imperilled with the takeover of the maintenance by LRTA. It said that even during the time of Technirail, technical problems had occurred. Records show that from August 2001 to December 2001, 37 technical glitches occurred. From January 2003 up to the end of Technirail?s contract last April 30, eight technical problems happened. Technirail was even penalized for P8M for six accidents due to its negligence and for destroying LRTA property.
The technical problems being experienced in LRT Line 1 are normal considering that the system is 19 years old. However, LRTA engineers and technicians are immediately addressing such problems once they arise to ensure the safety and convenience of passengers.
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