GR NO.

181293
ANA THERESIA RISA HONTIVEROS-BARAQUEL VS TOLL REGULATORY
BOARD
FACTS: Philippine National Construction Corporation (PNCC), pursuant to P.D. 1113
with the right, privilege, and authority to construct, and operate toll facilities Toll
Expressways, in a series of agreements transferred authority to perform operations
of the South Metro Manila Skyway to Skyway O & M Corporation (SOMCO).
Legislators and the Union of PNCC oppose the said transfer. They argue that the Toll
Operation Certificate issued by the The Toll Regulatory Board (TRB) to SOMCO is
highly irregular and that the transfer of authority is grossly disadvantageous to the
government.
ISSUES:
1. Whether petitioners have standing;
2. Whether the TRB has the power to grant authority to operate a toll facility;
3. Whether the assumption of toll operations by SOMCO is disadvantageous to the
government.
HELD:
1. Petitioner filed as a legislator in her capacity as party-list representative of
Akbayan. Hence, petitioners do not have the requisite legal standing, and as such,
she was only allowed to sue to question the validity of any official action when it
infringes on their prerogatives as members of Congress.
2. The Court has ruled that first, it is clear that Congress does not have the sole
authority to grant franchises for the operation of public utilities. Congress is not
required before each and every public utility may operate. Unless there is a law that
specifically requires a franchise for the operation of a public utility, particular
agencies in the executive branch may issue authorizations and licenses for the
operation of certain classes of public utilities. The authority to operate a public
utility can be granted by administrative agencies when authorized by law.
3. The allegations of petitioners are nothing more than speculations, apprehensions,
and suppositions. It is understandable that SOMCO does not yet have a proven track
record in toll operations, considering that it was only the Amendment to the
Supplemental Toll Operation Agreement (ASTOA) and the Memorandum of
Agreement that gave birth to it.