Angkas asks SC to lift TRO: We can’t be regulated by DOTr
Angkas, a motorcycle-hailing company, has asked the Supreme Court to lift the temporary restraining order which gave transportation agencies the authority to apprehend its riders.
In a 51-page comment filed December 17, 2018, Angkas’ operator DBDOYC also asked the Supreme Court to dismiss the petition for certiorari filed by the Land Transportation Franchising and Regulatory Board (LTFRB) because it is “fraught with fatal defects.”
Angkas said it could not be subject to regulation by the Department of Transportation and LTFRB because it is not a “public utility” or “common carrier.”
“[P]rivate respondents’ operation of Angkas cannot be considered ‘for hire’ or for public use. From a logical and rational standpoint, ‘for hire’ means that the arrangement between the parties is not private; and if the arrangement is private, as in the case of Angkas accredited bikers and passengers, then the same is not for hire,” it said.
Angkas said it is merely a software application provider and the accredited drivers are not its employees.
“It is no different from an office space or store front where patrons may log on to so they may engage a specific private carrier,” the company said.
Angkas said it is also different from public utilities or common carriers because their drivers cannot be hailed on the streets and they can refuse to render service at any time by not going online or not logging on to the app.
Angkas said there is no basis for the allegation that its business is unsafe, since it has recorded no casualties from the time it resumed operations from September last year until December, when the TRO was issued.
The company said there is a need to lift the TRO as soon as possible to “preserve the rights” of over 25,000 drivers it has accredited, which rely on the platform for their livelihood.