Even if the Pasay City Regional Trial Court (RTC) junked SM Prime Holdings Inc.’s (SMPHI) application for a temporary restraining order (TRO) and preliminary injunction, the Henry Sy-led group is still insisting that the contract it entered into with the government on the proposed P1.4-billion ($32.10 million) Metro Rail Transit-Light Rail Transit (MRT-LRT) common station was valid and legally binding.
The common station will connect LRT 1 from Baclaran in Pasay City to Roosevelt Avenue in Quezon City; MRT 3 from North Avenue in Quezon City to Taft Avenue in Pasay City; and the proposed MRT 7 of conglomerate San Miguel Corporation. MRT 7 will run from Caloocan City and pass through Lagro and Fairview, Novaliches, Batasan, Diliman, Philcoa, before ending at EDSA.
In a 7-page order dated June 23, Pasay City RTC Branch 111 presiding judge Wilhelmina Jorge-Wagan denied the application for TRO and writ of preliminary injunction sought by SMPHI against the Department of Transportation and Communications (DOTC) and the Light Rail Transit Authority (LRTA).
The Republic Act (RA) 8975 or An Act to Ensure the Expeditious Completion of Government Infrastructure Projects prohibiting lower courts from issuing TROs, preliminary injunctions or preliminary mandatory injunctions was cited in the decision.
RA 8975 prohibits any court except the Supreme Court from issuing any TRO, preliminary injunction, or preliminary mandatory injunction to retrain or prohibit the government from acting on the location of any national government project; bidding or awarding a contract or project of the national government; and authorizing any other lawful activity for such contract.
The court would act contrary to the law if it ignores the statutory prohibition and issues a TRO against a government contract, Jorge-Wagan pointed out.
SMPHI also failed to allege and establish that its application for TRO was of extreme urgency involving a constitutional issue such that failure to issue would cause grave injustice and irreparable injury.
“In the absence of such extreme urgent matter, calling for the exception under paragraph 2, Section 3 of RA 8975, this court utterly prohibited from issuing the provisional remedies sought,” Jorge-Wagan said.
Fighting for the common station
Citing a memorandum of agreement (MOA) with government, SMPHI filed a case before the Pasay City RTC asking it to stop DOTC and LRTA from transferring the proposed common station to the Trinoma Mall of Ayala Land Inc. from the SM North EDSA mall.
The MOA also stated that SMPHI would have the naming rights to the common station in exchange for P200 million ($4.59 million).
The agreement entered into with DOTC and LRTA in September 2009 was valid and legally binding, SMPHI legal counsel Ryan San Juan said. (READ: Why SM is after the MRT-LRT common station)
However, the MOA signed by SMPHI and LRTA that was approved by the National Economic and Development Authority (NEDA) on July 7, 2009 had lapsed in 2011, DOTC spokesperson Michael Arthur Sagcal said June 9.
“It is regrettable that the Pasay City RTC denied SMPHI's application for a TRO to prevent the DOTC and LRTA from performing acts inconsistent with the terms of the MOA,” San Juan said.
Despite such, the company would still pursue the case against the government.
"SMPHI will now focus on its main and more important case for specific performance, where it seeks to enforce its rights under the valid and legally binding MOA, the existence of which has been duly admitted by both DOTC and LRTA in court, and which has neither been cancelled or terminated by the parties,” San Juan stressed.
The company is still hopeful though that DOTC and LRTA would respect the MOA and abide in good faith with all its terms and conditions.
“To be clear, the TRO is merely an incident to the main case for specific performance. Trial on the main case will continue. DOTC has asked for an extension of time to file their answer,” San Juan said.
The judge also gave both DOTC and LRTA until July 1 to file an answer to the complaint.
The consortium of Ayala Corporation and Metro Pacific Investments Corporation (MPIC) brings good news to commuters: The construction of the P64.9-billion ($1.37-billion) Light Rail Transit Line 1 (LRT1) extension from Baclaran, Pasay City to Niog, Bacoor City, Cavite will begin in June.
This was after the group of Ayala and MPIC – Light Rail Manila Consortium (LRMC) – on Friday, February 12, signed the P24-billion ($506.02-million) loan facility and the engineering, procurement, and construction (EPC) agreement for the LRT1 Cavite extension deal.
The Department of Transportation and Communications (DOTC) awarded the LRT1 Cavite extension project to the LRMC in September 2014.
"These milestone agreements give us significant headway towards the construction and commissioning of the much-awaited Cavite Extension which will benefit an additional 300,000 passengers from four big cities in southwestern Metro Manila," LRMC president and CEO Jesus Francisco said.
LRMC signed the 15-year Omnibus Loan and Security Agreement with Metropolitan Bank & Trust Company (Metrobank), Security Bank Corporation and Rizal Commercial Banking Corporation (RCBC), with P15.3 billion ($322.59-million) of the total loan amount allocated for the Cavite extension and P8.7 billion ($183.44-million) for the rehabilitation of the existing LRT1 system.
Stalled relocation of illegal settlers
But according to Francisco, unfinished right-of-way acquisition and stalled relocation of illegal settlers take a toll on the construction of the LRT1 Cavite extension.
"Our main concern is that there are still some ISFs – illegal settlers. But we got the report of the grantors that by April, they expect to do relocation of most of them, if not all of them," Francisco said.
As of today, the chief of LRMC said the government has delivered about 95% of the right-of-way acquisition.
"We think that the stations will come later, but first we have to start building the carriage way. April is when they said they would address the problems of the ISF. If they can really move, by June 1 we will be able to start," Francisco told reporters on the sidelines of a briefing in Makati City.
French firms as contractors
LRMC took on French companies Bouygues Travaux Publics and Alstom Transport Private Limited to help build the extension.
Francisco said that LRMC and contractors Bouygues Travaux Publics and Alstom Transport are set to commence the construction of the 11.7-kilometer Cavite extension once right of way is delivered by the DOTC and Light Rail Transit Authority (LRTA).
The extension is targeted for completion in about 4 years after the delivery of right-of-way.
The 11.7-kilometer Cavite extension will link with the existing system immediately south of the Baclaran Station, and run in a generally southerly direction to Niog, Cavite.
Eight new stations will be provided with 3 intermodal facilities across Pasay City, Paranaque City, Las Pinas City and Cavite.
The new stations are Aseana, MIA, Asia World, Ninoy Aquino, Dr Santos, Las Piñas, Zapote and Niog. The intermodal facilities will be located at Dr Santos, Zapote, and Niog.
The commercial speed of the Cavite extension will be 60 kilometers per hour.
LRMC said the new stations will be accessible to and from nearby community facilities such as shops, schools, stadium, and park.
Bouygues Travaux Publics, which will provide the railway infrastructure, is known globally for complex projects involving tunnels, engineering structures and road, port and rail infrastructure.
Among its recent projects are the Hong Kong–Zhuhai–Macao Bridge, the Port of Miami Tunnel, and the Nîmes-Montpellier rail bypass in France.
Under the agreement, Alstom will provide system integration and project management; build a new train depot; extend the existing depot complete with track works; and establish a new power supply, catenary lines, and signaling and telecommunications system.
Alstom will also modernize the signaling system of the existing 20.7-kilometer line, which runs from Roosevelt Avenue in Quezon City to Baclaran in Pasay City.
Former Public Works and Highways Secretary Rogelio Singson has returned to the private sector, now taking on the task of improving the busy Light Rail Transit (LRT) Line 1 in Metro Manila.
Singson confirmed in a text message Thursday he is now the CEO of Light Rail Manila Corp., a company formed by Metro Pacific Investments Corp. and Ayala Corp.
Light Rail Manila in September 2014 won the P65-billion public-private partnership (PPP) contract that involved the operations and maintenance of the LRT-1, which runs from Baclaran in Pasay City to Roosevelt in Quezon City, as well as the construction of an 11.7-kilometer extension line to Bacoor City, Cavite.
Singson assumed the role at Light Rail Manila last month, taking the place of Jesus Francisco.
“Through the work of its engineering team, LRMC was able to restore almost 20 more LRVs, while waiting for the procurement and arrival of 120 more LRVs in 2018. The increased capacity has enabled LRT-1 to accommodate more passengers and deploy up to 30 trains daily,” the operator said in a statement on Thursday.
LRMC -- a consortium of Ayala Corp., Metro Pacific Light Rail Corp. (MPIC) and Macquarie Infrastructure Holdings (Philippines) Pte. Ltd. -- will operate and maintain LRT-1 for 32 years.
It also bagged the P64.9-billion LRT-1 Cavite Extension public-private partnership (PPP) project, which will extend the train line from Baclaran to Bacoor, Cavite. The LRT-1 Cavite Extension project also involves rehabilitation of the existing 21-kilometer (km.) line and an 11.7-km. extension from Baclaran to Bacoor, Cavite that will lengthen the system to 32.4 km. from 20.7 km. currently.
Meanwhile, the LRMC recently announced free rides this Christmas season to all Concessionary Beep Card (CBC) holders -- senior citizens and persons with disabilities (PWDs) -- riding the LRT-1, accompanied by at least two family members.
LRMC said CBC holders can enjoy the free rides on all weekends and holidays from Dec. 3 to Jan. 8 in all stations of LRT-1. The operator is also extending LRT-1 operating hours to 11 p.m. until Dec. 23 to serve more commuters.
The common station will connect LRT 1 from Baclaran in Pasay City to Roosevelt Avenue in Quezon City; MRT 3 from North Avenue in Quezon City to Taft Avenue in Pasay City; and the proposed MRT 7 of conglomerate San Miguel Corporation. MRT 7 will run from Caloocan City and pass through Lagro and Fairview, Novaliches, Batasan, Diliman, Philcoa, before ending at EDSA.
In a 7-page order dated June 23, Pasay City RTC Branch 111 presiding judge Wilhelmina Jorge-Wagan denied the application for TRO and writ of preliminary injunction sought by SMPHI against the Department of Transportation and Communications (DOTC) and the Light Rail Transit Authority (LRTA).
The Republic Act (RA) 8975 or An Act to Ensure the Expeditious Completion of Government Infrastructure Projects prohibiting lower courts from issuing TROs, preliminary injunctions or preliminary mandatory injunctions was cited in the decision.
RA 8975 prohibits any court except the Supreme Court from issuing any TRO, preliminary injunction, or preliminary mandatory injunction to retrain or prohibit the government from acting on the location of any national government project; bidding or awarding a contract or project of the national government; and authorizing any other lawful activity for such contract.
The court would act contrary to the law if it ignores the statutory prohibition and issues a TRO against a government contract, Jorge-Wagan pointed out.
SMPHI also failed to allege and establish that its application for TRO was of extreme urgency involving a constitutional issue such that failure to issue would cause grave injustice and irreparable injury.
“In the absence of such extreme urgent matter, calling for the exception under paragraph 2, Section 3 of RA 8975, this court utterly prohibited from issuing the provisional remedies sought,” Jorge-Wagan said.
Fighting for the common station
Citing a memorandum of agreement (MOA) with government, SMPHI filed a case before the Pasay City RTC asking it to stop DOTC and LRTA from transferring the proposed common station to the Trinoma Mall of Ayala Land Inc. from the SM North EDSA mall.
The MOA also stated that SMPHI would have the naming rights to the common station in exchange for P200 million ($4.59 million).
The agreement entered into with DOTC and LRTA in September 2009 was valid and legally binding, SMPHI legal counsel Ryan San Juan said. (READ: Why SM is after the MRT-LRT common station)
However, the MOA signed by SMPHI and LRTA that was approved by the National Economic and Development Authority (NEDA) on July 7, 2009 had lapsed in 2011, DOTC spokesperson Michael Arthur Sagcal said June 9.
“It is regrettable that the Pasay City RTC denied SMPHI's application for a TRO to prevent the DOTC and LRTA from performing acts inconsistent with the terms of the MOA,” San Juan said.
Despite such, the company would still pursue the case against the government.
"SMPHI will now focus on its main and more important case for specific performance, where it seeks to enforce its rights under the valid and legally binding MOA, the existence of which has been duly admitted by both DOTC and LRTA in court, and which has neither been cancelled or terminated by the parties,” San Juan stressed.
The company is still hopeful though that DOTC and LRTA would respect the MOA and abide in good faith with all its terms and conditions.
“To be clear, the TRO is merely an incident to the main case for specific performance. Trial on the main case will continue. DOTC has asked for an extension of time to file their answer,” San Juan said.
The judge also gave both DOTC and LRTA until July 1 to file an answer to the complaint.
The consortium of Ayala Corporation and Metro Pacific Investments Corporation (MPIC) brings good news to commuters: The construction of the P64.9-billion ($1.37-billion) Light Rail Transit Line 1 (LRT1) extension from Baclaran, Pasay City to Niog, Bacoor City, Cavite will begin in June.
This was after the group of Ayala and MPIC – Light Rail Manila Consortium (LRMC) – on Friday, February 12, signed the P24-billion ($506.02-million) loan facility and the engineering, procurement, and construction (EPC) agreement for the LRT1 Cavite extension deal.
The Department of Transportation and Communications (DOTC) awarded the LRT1 Cavite extension project to the LRMC in September 2014.
"These milestone agreements give us significant headway towards the construction and commissioning of the much-awaited Cavite Extension which will benefit an additional 300,000 passengers from four big cities in southwestern Metro Manila," LRMC president and CEO Jesus Francisco said.
LRMC signed the 15-year Omnibus Loan and Security Agreement with Metropolitan Bank & Trust Company (Metrobank), Security Bank Corporation and Rizal Commercial Banking Corporation (RCBC), with P15.3 billion ($322.59-million) of the total loan amount allocated for the Cavite extension and P8.7 billion ($183.44-million) for the rehabilitation of the existing LRT1 system.
Stalled relocation of illegal settlers
But according to Francisco, unfinished right-of-way acquisition and stalled relocation of illegal settlers take a toll on the construction of the LRT1 Cavite extension.
"Our main concern is that there are still some ISFs – illegal settlers. But we got the report of the grantors that by April, they expect to do relocation of most of them, if not all of them," Francisco said.
As of today, the chief of LRMC said the government has delivered about 95% of the right-of-way acquisition.
"We think that the stations will come later, but first we have to start building the carriage way. April is when they said they would address the problems of the ISF. If they can really move, by June 1 we will be able to start," Francisco told reporters on the sidelines of a briefing in Makati City.
French firms as contractors
LRMC took on French companies Bouygues Travaux Publics and Alstom Transport Private Limited to help build the extension.
Francisco said that LRMC and contractors Bouygues Travaux Publics and Alstom Transport are set to commence the construction of the 11.7-kilometer Cavite extension once right of way is delivered by the DOTC and Light Rail Transit Authority (LRTA).
The extension is targeted for completion in about 4 years after the delivery of right-of-way.
The 11.7-kilometer Cavite extension will link with the existing system immediately south of the Baclaran Station, and run in a generally southerly direction to Niog, Cavite.
Eight new stations will be provided with 3 intermodal facilities across Pasay City, Paranaque City, Las Pinas City and Cavite.
The new stations are Aseana, MIA, Asia World, Ninoy Aquino, Dr Santos, Las Piñas, Zapote and Niog. The intermodal facilities will be located at Dr Santos, Zapote, and Niog.
The commercial speed of the Cavite extension will be 60 kilometers per hour.
LRMC said the new stations will be accessible to and from nearby community facilities such as shops, schools, stadium, and park.
Bouygues Travaux Publics, which will provide the railway infrastructure, is known globally for complex projects involving tunnels, engineering structures and road, port and rail infrastructure.
Among its recent projects are the Hong Kong–Zhuhai–Macao Bridge, the Port of Miami Tunnel, and the Nîmes-Montpellier rail bypass in France.
Under the agreement, Alstom will provide system integration and project management; build a new train depot; extend the existing depot complete with track works; and establish a new power supply, catenary lines, and signaling and telecommunications system.
Alstom will also modernize the signaling system of the existing 20.7-kilometer line, which runs from Roosevelt Avenue in Quezon City to Baclaran in Pasay City.
Former Public Works and Highways Secretary Rogelio Singson has returned to the private sector, now taking on the task of improving the busy Light Rail Transit (LRT) Line 1 in Metro Manila.
Singson confirmed in a text message Thursday he is now the CEO of Light Rail Manila Corp., a company formed by Metro Pacific Investments Corp. and Ayala Corp.
Light Rail Manila in September 2014 won the P65-billion public-private partnership (PPP) contract that involved the operations and maintenance of the LRT-1, which runs from Baclaran in Pasay City to Roosevelt in Quezon City, as well as the construction of an 11.7-kilometer extension line to Bacoor City, Cavite.
Singson assumed the role at Light Rail Manila last month, taking the place of Jesus Francisco.
“Through the work of its engineering team, LRMC was able to restore almost 20 more LRVs, while waiting for the procurement and arrival of 120 more LRVs in 2018. The increased capacity has enabled LRT-1 to accommodate more passengers and deploy up to 30 trains daily,” the operator said in a statement on Thursday.
LRMC -- a consortium of Ayala Corp., Metro Pacific Light Rail Corp. (MPIC) and Macquarie Infrastructure Holdings (Philippines) Pte. Ltd. -- will operate and maintain LRT-1 for 32 years.
It also bagged the P64.9-billion LRT-1 Cavite Extension public-private partnership (PPP) project, which will extend the train line from Baclaran to Bacoor, Cavite. The LRT-1 Cavite Extension project also involves rehabilitation of the existing 21-kilometer (km.) line and an 11.7-km. extension from Baclaran to Bacoor, Cavite that will lengthen the system to 32.4 km. from 20.7 km. currently.
Meanwhile, the LRMC recently announced free rides this Christmas season to all Concessionary Beep Card (CBC) holders -- senior citizens and persons with disabilities (PWDs) -- riding the LRT-1, accompanied by at least two family members.
LRMC said CBC holders can enjoy the free rides on all weekends and holidays from Dec. 3 to Jan. 8 in all stations of LRT-1. The operator is also extending LRT-1 operating hours to 11 p.m. until Dec. 23 to serve more commuters.
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