SC junks Salceda petition vs SLEX toll increase

The Supreme Court (SC) has dismissed the petition filed by Albay Gov. Joey Salceda seeking to stop the Toll Regulatory Board (TRB) from implementing a 250-percent increase in toll rates at the South Luzon Expressway (SLEX). In an 11-page en banc resolution issued on Nov. 23, the SC said the issues raised by Salceda in his petition were already resolved in a decision issued on Oct. 19. “Considering, however, that Gov. Salceda has not raised, in this recourse, any new issue, which has not been considered and passed upon in the earlier resolved petitions, [the SC] hereby resolves to dismiss his petition," it said. With the dismissal of the petition, the SC lifted the temporary restraining order (TRO) it issued on Aug. 13 enjoining the implementation of the 250-percent increase in SLEX toll rates. The SC noted that the toll rates assailed in Salceda’s petition have already been remanded to the TRB for its review. Salceda’s petition was consolidated to four other petitions filed before the SC assailing the validity of laws, issuances, and contracts relating to the North Luzon Expressway (NLEX), the South Metro Manila Skyway (SMMS), and the SLEX. Salceda’s petition was later deconsolidated from the four petitions because it was not yet rife for adjudication. In the Oct. 19 decision, the SC upheld the constitutionality of the questioned provisions and the validity of the TRB issuances and the supplemental toll operation agreements (STOA) covering NLEX, SLEX, and SMMS. In the same ruling, the SC lifted the TRO it issued with respect to the four petitions. In his petition, Salceda maintained that the TRB abused its authority when it entered into an STOA with South Luzon Tollway Corp. to fix the toll rates without notice and public hearing. He said it was a clear violation of Presidential Decree 1112, also known as the Toll Operation Decree, which provides that notice and hearing is needed before toll rates can be directly charged to users of toll facilities. - KBK, GMANews.TV