Friday, January 27, 2006

Appeals on LTFRB Decisions

LTFRB created under EO 202 provides that the decision, orders or resolution of the Board shall be appealable to the DOTC Secretary 30 days after the receipt of the decision.

Section 1 Rule 43 of the Rules of Court however provides that decisions of or orders of quasi-judicial agencies should be brought to the Supreme Court. Although LTFRB is not among those agencies enumerated in the Rules, the words “among these agencies are” does not mean that the enumerations are exclusive. LTFRB should be covered by these rules.

Is the mode of appeal under EO 202 constitutional?

Aside from a disregard of a provision of law, there are also two basic constitutional principles which were trenched by EO 202:

a) Separation of Powers
- LTFRB is an administrative agency vested with quasi-judicial powers. Its decision must not be appealed to the executive branch of the government but to the appellate courts.

b) Power of judicial review lies with the courts
- EO 202 has the effect of depriving the courts its right to exercise the power of judicial review at first instance over matters within its competence and jurisdiction.

7 comments:

  1. lawstude'slawyerfriend5:23 PM, February 13, 2006

    jurisdiction is conferred by law. until eo 202 is declared unconstitutional by the sc, it will be the governing law as far as appeal of ltfrb decision to dotc sec is concerned.

    ReplyDelete
  2. ps I'm having a little trouble sending comments so if I do it twice please excuse me and I apologize.

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  5. sir, may I comment on your editorial cartoon.

    There is no law that supports Student Fare Discounts nor a Republic Act on this matter. Unlike the Senior Citizen's act. So why do operators must apply Student discounts?

    One observation, almost majority of students owns state of the art cellphones, mp3s, and even laptops, that costs a huge amount of money to own. This proves that the parents of these students are well off.

    In the old days kids who wants a good future would walk several kilometers to go to school rain or shine. While now, students are riding buses that is airconditioned and have amenities, which is also too expensive to maintain.

    If these students would like a good bus to ride into, then they have to pay the price. Anyway there is an alternative, the ordinary buses or the Metro rails.

    student discounts are not feasible and so as NOT a LAW. to be eneacted upon.....

    Think about it.

    ReplyDelete
  6. thnx sharron for ur observations. students discounts are really intended to reduce the incidental costs of education for everyone, and that includes even those well-off families who are commutting to and from school. exempting well-off families from such law may amount to class legislation.

    ReplyDelete
  7. good day!

    its good that you have impressed other people with your arguments regarding appeal to the decision of ltfrb.

    However,im afraid your observations were misplaced.

    i'll give a clue:

    doctrine of exhaustion of administrative remedies.

    please be guided accordingly.

    regards and good luck!

    ReplyDelete