MANILA — A Mandaluyong court junked the petition by transport network company (TNC) Angkas for another temporary restraining order (TRO) against the inter-agency Technical Working Group on Motorcycle Taxis’ (TWG) revised guidelines for its pilot implementation of motorcycle taxis.
In an order dated January 10 released Wednesday, Regional Trial Court Branch 212 Judge Rizalina Capco-Umali dismissed the petition filed by the motorcycle ride-hailing firm against the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) for lack of merit.
The court said the decision to dismiss the petition was made to “avoid issuing writ which would effectively dispose of the main case without trial and/or due process.”
It added that if the court would grant the injunctive writ, it would mean that the court would have “prejudged the main case and reversed the rule on the burden of proof.”
The court also ruled that the DOTr and LTFRB have in their favor the presumption of regularity in the performance of official duties, which Angkas 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,” the order read.
The TWG’s Revised General Guidelines for the Pilot Implementation of Motorcycles indicated that motorcycle taxi riders shall be limited to 30,000 in Metro Manila and 9,000 in Metro Cebu — divided equally between the three qualified TNCs — Angkas, JoyRide, and Move It.
The new limit effectively slashed the accredited riders of Angkas from 27,000 to 10,000 — which the company did not accept lightly by responding with a petition for a 72-hour TRO against the revised guidelines, which it obtained on January 6.
Following an apology from Angkas for its alleged bullying tactics and defiance of government guidelines, the DOTr and the TWG on Friday called out the company for its “two-faced” position on the pilot run.
This came after Angkas filed a petition before the Quezon City Regional Trial Court for a TRO against the new rider cap and apprehension of “excess riders”.
It also called for the exclusion of its two competitors from the program.