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Taxicab Operators of Metro Manila Inc. v. The Board of Transportation, G.R. No. L-59234, September 30, 1982

The Supreme Court ruled that the act of the Board of Transportation (BOT) in issuing a memorandum circular phasing out old taxicabs without notice and hearing did not violate the petitioners' right to procedural due process. The BOT has wide discretion in gathering necessary data to formulate policies. Notice and hearings with taxi operators are not mandatory sources of information. The memorandum was upheld as the petitioners failed to prove it was unconstitutional.

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25 views5 pages

Taxicab Operators of Metro Manila Inc. v. The Board of Transportation, G.R. No. L-59234, September 30, 1982

The Supreme Court ruled that the act of the Board of Transportation (BOT) in issuing a memorandum circular phasing out old taxicabs without notice and hearing did not violate the petitioners' right to procedural due process. The BOT has wide discretion in gathering necessary data to formulate policies. Notice and hearings with taxi operators are not mandatory sources of information. The memorandum was upheld as the petitioners failed to prove it was unconstitutional.

Uploaded by

Bob Law
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Taxicab Operators of Metro Manila

Inc. v. The Board of Transportation,


G.R. no. L-59234, September 30,
1982
Topic: Other  means  of  regulation
Gerard S. Sta. Cruz
FACTS OF THE CASE

 The petitioner is a corporation composed of taxi operators who are grantees of Certificate of Public Convenience to
operate taxicabs within the City of Manila to any point in Luzon
 On October 1977, the Board of Transportation (BOT) issued memorandum circular no. 77-42 which phases out old
and dilapidated taxicabs. The said memorandum disallows the registration of taxicabs that are older than six years
and ban their operations within Metro Manila.
 Petitioners are stating that the memorandum circular is unconstitutional since it violates their right to equal
protection of the law, substantive due process and protection against arbitrary and unreasonable classification.
ISSUE(S)

 Whether or not the act of BOT in issuing such memorandum circular


without notice and hearing violative of the petitioners right to
procedural due process
ISSUE:
Whether or not the act of BOT in issuing such

RULING memorandum circular without notice and hearing


violative of the petitioners right to procedural due
process

 The act of the BOT is not violative of the


Presidential Decree no.101
petitioner’s right to procedural due process
Sec. 2. Exercise of powers. — In the exercise of the powers granted in the
preceding section, the Board shag proceed promptly along the method of  BOT is provided with a wide range of choice in
legislative inquiry.
gathering the necessary information or data in
the formulation of any policy, plan or program.
Apart from its own investigation and studies, the Board, in its discretion,
may require the cooperation and assistance of the Bureau of Transportation,
 Inquiry with the holder of public conveyances
the Philippine Constabulary, particularly the Highway Patrol Group, the are not mandatory since they are not the only
support agencies within the Department of Public Works, Transportation
and Communications, or any other government office or agency that may be
primary sources of data and information.
able to furnish useful information or data in the formulation of the Board of  The court sustained the constitutionality of the
any policy, plan or program in the implementation of this Decree.
said memorandum since the petitioner’s failed
to show that there is indeed a constitutional
The Board may also can conferences, require the submission of position papers
or other documents, information, or data by operators or other persons that may infirmity.
be affected by the implementation of this Decree, or employ any other suitable
means of inquiry.
END OF CASE

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