ADVERTISEMENT
FIRST DIVISION
[G.R. No. 217994. July 29, 2015.]
RRCG TRANSPORT SYSTEM COMPANY, INC.,petitioner,vs. LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD,respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 29, 2015 which reads as follows:
"G.R. No. 217994 (RRCG Transport System Company, Inc. v. Land Transportation Franchising and Regulatory Board). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the October 9, 2014 Decision 1 and April 20, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 131777 for failure of petitioner RRCG Transport System Company, Inc. (petitioner) to show that the CA committed any reversible error in upholding the Orders dated April 25, 2013 3 and July 11, 2013 4 of respondent Land Transportation Franchising and Regulatory Board (LTFRB), preventively suspending its Certificates of Public Convenience (CPC) for a period of 30 days.
As correctly ruled by the CA, the LTFRB did not gravely abuse its discretion in motu proprio issuing the preventive suspension order against petitioner's CPCs, considering that such order was issued after one of its bus units figured into a vehicular accident resulting in the death of one of its passengers and physical injuries to several others. Pursuant to Section 1, 5 Rule 14, Part V of the LTFRB Rules of Practice and Procedure which allows the issuance of preventive suspension orders to avoid further damage or inconvenience to public interests including death or physical injury to future passengers, the LTFRB's April 25, 2013 preventive suspension order had a factual and legal basis so as to warrant its immediate implementation since it was issued to give way to the observance of particular precautionary measures, such as the verification of roadworthiness and legitimacy of petitioner's bus units, as well as the submission of petitioner's personnel to drug tests, among others. HCaDIS
SO ORDERED."SERENO, C.J., on official leave; PERALTA, J., acting member per S.O. No. 2103 dated July 13, 2015.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 41-54. Penned by Associate Justice Pedro B. Corales with Associate Justices Sesinando E. Villon and Florito S. Macalino concurring.
2. Id. at 56-57.
3. Id. at 136-139. Signed by Officer-in-Charge Board Member and Executive Director Atty. Roberto P. Cabrera III and Board Member Engr. Ronaldo F. Corpus.
4. Id. at 133-135. Signed by Chairman Atty. Winston M. Ginez, Board Member Engr. Ronaldo F. Corpus, and Executive Director Atty. Roberto P. Cabrera III.
5. Section 1, Rule 14, Part V of the LTFRB Rules of Procedure states:
SEC. 1. Scope. — Show Cause Orders with Preventive Suspension may be issued by the Board en banc or the Regional Director, as the case may be, in cases where the respondent is reported to have or will continue to cause death, physical injuries, defraudation of public utility users, or willfully or contumaciously refuse to comply with the orders, rules or regulation of the Board, or any provisions of the E.O. and the Act.