CA upholds ruling banning motorcycles with sidecars on expressways

The Court of Appeals (CA) has upheld a lower court's decision that banned motorcycles with sidecars on Philippine expressways.

In a 13-page ruling, the CA's Special 12th Division affirmed the 2016 decision of the Makati City Regional Trial Court's (RTC) Branch 138 that interpreted an order of the then-Department of Transportation and Communication (DOTC) to allow only "motorcycles without sidecar" on "limited access facilities," or expressways.

In so doing, the CA dismissed the appeal by Motorbelle Corporation, whose officers wanted the DOTC's Department Order No. 2007-38 to be interpreted to cover "motorcycles with or without sidecars."

The department order says, among others: "Only motorcycles with an engine displacement of at least 400 cubic centimeters (cc) shall be allowed to operate within the limited access facilities."

Motorbelle, which presented itself to the appeals court as the Philippines' exclusive distributor of Ural Motorcycles with sidecars and engine displacement of 750cc, said its desired interpretation would prevent confusion among motorists and traffic enforcers.

However, the CA found no merit in the corporation's appeal, saying the sought action for declaratory relief lacked three requisites: the presence of an actual justiciable controversy, the ripeness of the issue for judicial determination, and the unavailability of adequate relief through other forms of action.

The CA cited the RTC's finding that none of the petitioners are registered owners of Ural Motorcycles, and that none of such vehicles were registered with the Land Transportation Office (LTO) for legal use on local roads, hence the absence of any legal right that was violated and of a risk of sustaining direct injury as a result of the department order.

"Clearly, the existence of justiciable controversy is wanting in the present case," the appellate court ruled.

Contrary to the corporation's argument, moreover, the CA held that the non-registration with the LTO was "relevant" because the department order covers only motorcycles that have complied with government licensing requirements.

"In view of the foregoing, petitioners-appellants' action for declaratory relief cannot prosper because not all of the requisites of an action for declaratory relief have been met," the CA said.

The ruling was penned by CA Associate Justice Rafael Antonio Santos  and concurred with by Associate Justices Apolinario Bruselas, Jr. and Germano Francisco Legaspi. — BM, GMA News