GR 181293; (February, 2015) (Digest)
G.R. No. 181293 , February 23, 2015.
ANA THERESIA “RISA” HONTIVEROS-BARAQUEL, DANIEL L. EDRALIN, VICTOR M. GONZALES, SR., JOSE APOLLO R. ADO, RENE D. SORIANO, ALLIANCE OF PROGRESSIVE LABOR, BUKLURAN NG MANGGAGAWANG PILIPINO, LAHING PILIPINO MULTIPURPOSE TRANSPORT SERVICE COOPERATIVE, PNCC SKYWAY CORPORATION EMPLOYEES UNION (PSCEU), and PNCC TRAFFIC MANAGEMENT & SECURITY DEPARTMENT WORKERS ORGANIZATION (PTMSDWO), Petitioners, vs. TOLL REGULATORY BOARD, THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), PNCC SKYWAY CORPORATION, PHILIPPINE NATIONAL CONSTRUCTION CORPORATION, SKYWAY O & M CORPORATION, and CITRA METRO MANILA TOLLWAYS CORP., Respondents.
FACTS
This is an original petition for certiorari and prohibition seeking the annulment of: (1) the Amendment to the Supplemental Toll Operation Agreement (ASTOA) executed on July 18, 2007 between the Republic, PNCC, and Citra Metro Manila Tollways Corporation (CMMTC); (2) the DOTC Secretary’s Memorandum dated July 20, 2007 approving the ASTOA; (3) the Memorandum of Agreement (MOA) executed on December 21, 2007 between PNCC, PNCC Skyway Corporation (PSC), and CMMTC; and (4) the Toll Operation Certificate (TOC) issued by the Toll Regulatory Board (TRB) on December 28, 2007 in favor of Skyway O & M Corporation (SOMCO). The annulment is sought for being unconstitutional, contrary to law, and grossly disadvantageous to the government.
Presidential Decree No. 1112 created the TRB. PD 1113 granted PNCC a franchise to construct, operate, and maintain toll facilities. On November 27, 1995, the Republic (through TRB), CMMTC, and PNCC executed a Supplemental Toll Operation Agreement (STOA) covering the South Metro Manila Skyway project, designating CMMTC for design/construction and PSC (a PNCC subsidiary) for operation/maintenance. The assailed ASTOA, executed on July 18, 2007, amended the STOA to cover Stage 2 and replaced PSC with SOMCO as the operator/maintainer of Stage 1. The DOTC Secretary approved it. The subsequent MOA facilitated SOMCO’s assumption, with PSC receiving β±320 million for employee separation. The TRB then issued a TOC to SOMCO effective December 31, 2007.
Petitioners PSCEU and PTMSDWO filed a complaint before the RTC of ParaΓ±aque, which was dismissed without prejudice after they filed a notice of dismissal. Petitioners then filed the instant petition before the Supreme Court.
ISSUE
The primary issue is whether the petitioners have legal standing to file the petition and whether the issues raised involve constitutional questions or matters of transcendental importance warranting the Court’s exercise of judicial review.
RULING
The Supreme Court DISMISSED the petition. The Court held that the petitioners failed to establish their legal standing and that the petition did not raise any constitutional question or matter of transcendental importance.
The Court ruled that the individual petitioners, as taxpayers, legislators, and citizens, did not demonstrate a direct and personal interest in the agreements beyond a general grievance. Their claims of injury were speculative. The institutional petitioners (unions and cooperatives) also failed to show a direct injury; their members’ interests were adequately represented in a separate labor case where the Secretary of Labor had assumed jurisdiction. The petition essentially questioned the wisdom and propriety of the contracts, which are within the realm of executive and administrative discretion, not judicial review. The issues presented were not of transcendental importance as they pertained to contractual arrangements and implementation of a tollway project, not involving fundamental rights or systemic constitutional violations. The Court emphasized that it is not a trier of facts and that the petitioners’ proper recourse was to seek relief from the executive departments or the Ombudsman, not through a direct petition for certiorari.
