MANILA – Motorcycle-hailing application Angkas has asked the Supreme Court to “immediately lift” a halt order against a local judge’s directive preventing the government from apprehending the company’s biker-partners.
In a motion filed this week, DBDOYC, Inc., the operator of the popular service, alleged that the transport regulator’s application for a temporary restraining order (TRO) did not meet legal requirements.
Earlier this month, the SC granted the Land Transportation Franchising and Regulatory Board (LTFRB) and Department of Transportation’s (DOTr) request for a TRO against a Mandaluyong judge’s order prohibiting the government from interfering with Angkas operations.
Angkas has vowed to “fully comply” with the justices’ ruling. In compliance with the same decision, it filed its comment to the LTFRB’s main petition, which has yet to be resolved.
In its motion assailing the TRO, the service operator said the LTFRB and DOTr “do not have a clear and unmistakable right” to enjoin it from conducting business as there is purportedly no law regulating transport network companies.
DBDOYC also contended that it is not a public utility because its transactions are “privately contracted,” contradicting the SC itself, which considered the service’s riders as “common carriers engaged in rendering public service.”
“DBDOYC is a software application provider and does not operate a transportation service. DBDOYC does not own a single motorcycle and the accredited drivers are not employees of DBDOYC,” the motion states.
“In sum, private respondent, through its Angkas application, merely pre-arranges the ride between an Angkas-accredited biker, who is willing and able to give a motorcycle ride, and a potential passenger, and the ensuing transportation contract is in the nature of a purely private arrangement.”
The motion likewise argued that there is “no urgent need” and “no threat of grave and irreparable injury” to the government to justify the issuance of the TRO.
Hitting the LTFRB’s allegations of Angkas threatening the safety of its customers, DBDOYC said there has been no casualties out of the 5.8 million transactions it had since resuming operations in September.
On the other hand, the company claimed its business is what stands to suffer injury, citing the local court’s ruling that says a continued prohibition of its operations will mean its “demise.”
DBDOYC further alleged the issuance of the TRO violated its right to due process and that the LTFRB violated the doctrine of hierarchy of courts by running directly to the SC for relief.
Finally, the company claimed its own significance in convincing the high court to lift the halt order. “With the Christmas season upon us, the traffic situation in Metro Manila is bound to worsen with helpless and hapless commuters having to suffer limited transport options,” it said.
“Worse, the specter of jobs being lost by thousands of Angkas drivers looms large,” it added. Angkas earlier said its 25,000 bikers are at risk of losing their livelihood during the holidays. (GMA News)
