THE technical working group (TWG) for the motorcycle taxi pilot program scored a win from a local court, which denied the temporary restraining order that Angkas riders sought against the arbitrary cap on supply.
In a four-page decision, Judge Rizalina T. Capco-Umali of the Mandaluyong City Trial Court Branch 212 dismissed for lack of merit the petition lodged by Angkas riders against the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB).
“Since the Petitioner’s application for issuance of injunctive writ involves prayer to enjoin the enforcement of Section 10 of Revised General Guidelines for the Pilot Implementation of Motorcycle Taxis, which is also the same action being sought in the main case of injunction, the court is mindful that as much as possible, avoid issuing writ which would effectively dispose of the main case without trial and/or due process,” the order read.
Based on the revised guidelines for the extension of the motorcycle taxi pilot program, each participating motorcycle taxi app—Angkas, JoyRide and Move It—can only have 10,000 riders for Metro Manila and 3,000 riders for Cebu.
This particular provision, being questioned by Angkas and its riders, effectively cuts the 27,000 riders Angkas has in its platform before the revised guidelines were issued. Angkas was the lone participant in the pilot program, but competition was introduced in late December as part of the extended study.
To recall, Angkas riders sought an injection order against the TWG, and initially won a three-day stay order. When the 72-hour period after a hearing had lapsed, the petitioners sought for a permanent writ of preliminary induction.
The BusinessMirror sought out Angkas for comment, but has yet to receive a reply as of press time.
Aside from denying the injunction plea, the court also ruled that the government agencies have the “presumption of regularity” in the performance of their official duties, a point that the respondent Angkas riders had failed to rebut.
“The presumption of regularity of official acts may be rebutted by affirmative evidence or irregularity or failure to perform a duty. The presumption, however, prevails until it is overcome by no less than clear and convincing evidence to the contrary. Thus, unless the presumption is rebutted, it becomes conclusive,” the court order read.
Image credits: Nonoy Lacza