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Another petition was filed on Wednesday before the Supreme Court (SC), seeking a stop in the implementation of the 290-percent increase in toll fees at the South Luzon Expressway (SLEX) starting January 2011.

In his 44-page supplemental petition, lawyer Ernesto Francisco said that the decision of the SC last October lifting the temporary restraining order (TRO) on the government's plan to increase the toll rates at the SLEX is not yet final and executory.

Francisco added that a motion for reconsideration can still be filed.

Earlier, the Toll Regulatory Board (TRB) announced that it will implement starting Jan. 1 the new toll fee of P3.03 per kilometer at the SLEx from Alabang, Muntinlupa City to Calamba City, Laguna.

Francisco claimed that the increase in toll fees was approved without the necessary public consultation. This was contrary to the statement of the TRB that a public consultation was conducted on Dec. 10, 2010 at its conference room.

"Indeed, at the said 'public consultation/hearing,' only about twenty (20) persons attended, which already included the representatives and lawyers of certain tollway operators, including private respondent SLTC, representatives and lawyer of public respondent TRB and representatives of media," Francisco said.

Likewise, Francisco asked the SC to reconsider its earlier decision on the legality of the Supplemental Toll Operation Agreement (STOA) entered into between the TRB and the STLC.

He also urged the SC to declare as "unconstitutional" Sections 3(a) and (b) of Presidential Decree (PD) 1112 in relation to Section 4 of PD 1894 amending PD 1113 granting franchise to the Philippine National Construction Company (PNCC).

In its October 2010 ruling, the SC said that the TRB has the authority to allow a qualified person or entity to establish, maintain and operate a toll facility as well as to issue the necessary toll operating permit (TOC). (PNA)

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