ShareThisMANILA – The Supreme Court (SC) has dismissed for lack of merit the petition filed by Albay Gov. Joey Salceda seeking to prohibit the Toll Regulatory Board (TRB) from implementing the 250 percent mandated toll fee increase in the South Luzon Expressway (SLEX).
In junking Salceda’s plea, the SC En Banc ruled that the arguments raised by the Albay governor had already been resolved in an earlier decision dated Oct. 19, 2010.
“Considering, however, that Governor Salceda has not raised, in this recourse, any new issue, which has not been considered and passed upon in the earlier resolved petitions, this court hereby resolves to dismiss his petition,” the SC said.
With the scrapping of Salceda’s petition, the SC has ordered the lifting of the temporary restraining order (TRO) it issued on Aug. 13, 2010 enjoining the implementation of the 250-percent increase in SLEX toll rates.
It also noted that the toll rates assailed in Salceda’s petition published on June 6, 2010 have already been remanded to the TRB for its review of the reasonableness and for its determination of whether the Manila Toll Expressway Systems Inc. and South Luzon Tollway Corporation (SLTC) are entitled to the said toll fee increase.
The SC added that an interested party, such as an expressway user, may still question the propriety of the said initial toll rates before the TRB.
Salceda expressed dismay with the SC ruling dismissing for lack of merit his petition.
Salceda said the SC ruling “junking my petition over the SLEx toll rate increase would indeed affect in general the economic growth of Bicol particularly Albay whose economic momentum has already started to gain headway”.
“My major concern is the P480 million annual net resource outflow siphoned from the Albay economy with annual amount of P82 billion in 2009 which would disrupt our economic growth thus our ability to achieve the Millennium Development Goal (MDG) especially the reduction of poverty” he stressed.
Salceda, in raising his concern, said he would urge the SC to compel the national government to find ways to cushion the adverse economic impact of its decision specifically on the welfare of small “viajeros” who depend on Divisoria trade, or fish dealers that rely on Navotas, and the ordinary motorists including students studying in Metro Manila or families visiting their relatives working in Manila.
“I am asking the Supreme Court to direct the National Government to offset such outflows by commensurately increasing its annual flows to Albay by way of higher Conditional Cash Transfer (CCT) coverage, tertiary scholarships and support to our only SUC – Bicol University and capital investments in relocation sites and permanent evacuation centers.”
He said “If the justice system is able to compel that, then, the Supreme Court has spoken.”
The high court in its November 23 resolution stated “Wherefore, the petition … is hereby dismissed for lack of merit. Accordingly, the TRO (temporary restraining order) issued by the court … with respect to this petition is hereby ordered lifted.”
While dismissing the Salceda petition, the high court did not rule on the immediate implementation of the toll increase.