2. TRB is given extraordinary powers pursuant to its statutory authority under PD1112, by way of STOAs,
it allowed PNCC to enter into JVAs; Administrative agencies like TRB vested by law with the power to
grant franchise when necessary and for public benefit can validly enter into toll concessions
3. An administrative agency exercising its administrative or executive functions (such as the granting of
franchises or awarding of contracts) and at the same time exercising its quasi-legislative (e.g., rulemaking) and/or quasi-judicial functions (e.g., rate-fixing), does not support a finding of a violation of due
process or the Constitution. Hence, TRB can act as a fair and objective tribunal on matters of toll fee
fixing
4. Validity
a. 166910 and 173630
i. STOAs for NLEX, SLEX and SMMS are valid
ii. However, Clause 11.7 (extension of concession period) of the MNTC STOA and Clause
8.08(2)and(3) of the MATES SOTA are void and unconstitutional
b. 166917
i. Presidents approval for assignment of usufructuary; JVA and the provisional toll rate
increases are valid
c. 183599
i. SC sided with SLEX RTC decision annulling SLEX TOC is reversed
Judicial Review Principle:
Court may refuse judicial review unless constitutional question is brought by a party who has locus
standi, viz:
o has suffered some actual or threatened injury as a result of the allegedly illegal conduct of the
government;
o injury traceable to challenged action;
o injury likely to be redressed by favorable action
However, locus standi may be set aside when the subject or legal question to be resolved is of
transcendental importance of public and the paramount public interest is involved