SC Overrules Mandaluyong RTC, Suspends Angkas Service Again

The operations of motorcycle ridesharing service provider Angkas has been suspended once again, this time by the Supreme Court (SC), after it handed down a temporary restraining order (TRO) based on a petition filed by the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Transportation (DOTr). The TRO filed by the High Court comes just three months after the Mandaluyong Regional Trial Court (RTC) ruled in favor of Angkas via a preliminary injunction, effectively barring the two government agencies from interfering with the ridesharing service provider.

In a two-page order dated December 5 and released yesterday, December 12, the SC's Second Division ruled in favor of a petition filed by the LTFRB and the DOTr seeking to stop the operations of Angkas run by DBDOYC Inc.

"The Court, without necessarily giving due course thereto, resolves to issue a temporary restraining order, effective immediately and continuing until further orders from this Court, enjoining public respondent Judge Carlos A. Valenzuela, RTC (Regional Trial Court), Br.213, Mandaluyong City, the private respondent (DBDOYC Inc.), their agents, representatives and anyone acting on their behalf, from implementing the assailed RTC Order dated 20 August 2018," read the notice of resolution signed by SC Clerk of Court lawyer Edgar Aricheta.

The High Court's order also directed the operators of Angkas to submit its comment to the petition of transport authorities within 10 days from notice.

Following the TRO issued by the SC, the LTFRB has issued Board Resolution No. 095 that directs its law enforcement unit and other traffic enforcement agencies to apprehend and impound the motorcycles of Angkas bikers if they are found operating as public utility vehicles.

"In order to immediately implement the resolution of the Supreme Court dated December 5, 2018, this Board hereby orders the Law Enforcement Unit of this Board as well as directs the LTO, the Metro Manila Development Authority (MMDA), the Philippine National Police-Highway Patrol Group (PNP-HPG), the Inter-Agency Council on Traffic (I-ACT), and other authorized traffic enforcement agencies to apprehend and impound motorcycles of DBDOYC/Angkas if found operating in the streets as public utility vehicles," the resolution read.

Both the LTFRB and the DOTr stand firm on their resolution that, under Republic Act 4136 or the Land Transportation and Traffic Code, motorcycles are not allowed to operate as public transport services.

"Our position remains the same--motorcycles registered in the service are not authorized to conduct business and offer public transport under Republic Act 4136. For them to be allowed, the law has to be amended by Congress. Additionally, the safety of patrons and commuters are also put at risk, as motorcycles are not considered a safe mode of public transport," the LTFRB said in a statement.