CA dismisses Don Mariano plea vs franchise revocation


Posted at Aug 04 2014 02:57 PM | Updated as of Aug 04 2014 10:57 PM

MANILA – The Court of Appeals (CA) denied a petition of Don Mariano Transit Corp. regarding the revocation of the franchises of its 78 buses following the fatal Skyway accident involving its bus.

The Land Transportation Franchising and Regulatory Board (LTFRB) said the CA dismissed Don Mariano's petition for certiorari because it was still premature to file one.

LTFRB noted that Don Mariano has a pending appeal before the Department of Transportation and Communications (DOTC), LTFRB's mother agency.

''If the DOTC decision is adverse to the petitioner, the bus company cannot appeal directly to the CA, and can only be appealed to the Office of the President,'' the LTFRB said, citing the CA resolution.

The LTFRB noted that a petition for a writ of certiorari is only filed by a company or individual not satisfied with the legal decision of the trial court on a pending case to the CA.

LTFRB chairman Winston Ginez, meanwhile, welcomed the CA resolution.

''We hail the CA's decision to deny Don Mariano Transit Corp.'s petition and have all their units remain grounded to prevent similar road accidents from happening in our roads,'' Ginez said.

The LTFRB earlier revoked Don Mariano's certificates of public convenience (CPC) covering 78 units following the Skyway accident in December 2013 that left at least 21 dead.

The LTFRB also noted that other Don Mariano buses had figured in several accidents.

One of Don Mariano's buses figured in an accident at the EDSA-Ortigas flyover last July 4, 2012 which left several people injured. A month after, another accident involving a Don Mariano bus left a motorcycle rider dead.

The LTFRB also said a driver and a conductor of Don Mariano did not do anything when a call center agent passenger was stabbed dead inside its bus last May 19, 2012.