LTFRB reconsiders Don Mariano case; punishment “too harsh” says company lawyers

February 10,2014

Don Mariano bus skyway crash. INQUIRER file photo

The Land Transportation Franchising and Regulatory Board (LTFRB) will soon decide on the appeal filed by bus operator Don Mariano Transit Corp. (DMTC). The LTFRB canceled the franchise of DMTC on January 14, after a string of accidents involving the company’s buses, including the Skyway crash that killed at least 20 persons on

 

The LTRB canceled DMTC’s seven certificates of public convenience, covering 78 buses.

 

Lawyers of DMTC asked the LTFRB to reconsider its recent order that canceled DMTC’s bus franchises, citing pieces of evidence and proof that they claim merit the immediate lifting of the franchise cancellation. A hearing on the matter was held on Friday, LTFRB chair Winston Ginez said.

 

“It (the motion for reconsideration) has been submitted for decision. We hope to resolve it as soon as possible, maybe next week or the week after,” Ginez said in an interview. “The MR (motion for reconsideration) gave us a fresh look at the evidence. These arguments will be considered,” he added, while declining to comment further.

 

DMTC said in a statement that the findings of LTFRB on the accident on the Skyway “were misleading and inaccurate.” DMTC’s lawyers referred to what the LTFRB said was the illegal use of an unregistered bus chassis by the ill-fated bus and the worn-out tires of the same bus. It also cited the inspection conducted by the Land Transportation Office that showed that 36 of the 42 DMTC buses inspected were not roadworthy. The lawyers deemed the franchise cancelation order to be “too harsh.”

 

The statement also defended DMTC’s management, led by Melissa Lim. It said Lim had spent the past 20 years of her life operating bus companies, “fully cognizant of the public service mandate of bus operations and fully sensitive to the needs of the riding public.”

 

“Were she a negligent operator, she would not have lasted a few years in the competitive business. In fact, to be truthful about it, bus operation is her whole life, her family, her everything,” part of DMTC statement read.

 

The point-by-point clarification of the technical and roadworthiness grounds used by the LTFRB in its cancellation order is expected by the lawyers to result in a reconsideration of the order, which they deemed to be “too harsh.”

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