TAXICAB OPERATORS OF METRO MANILA, INC

V. BOT : 117 SCRA 597; Phase out of more than

six years old taxicab
Facts:
Petitioner Taxicab Operators of Metro Manila, Inc. (TOMMI) is a
domestic corporation composed of taxicab operators, who are
grantees of Certificates of Public Convenience to operate taxicabs
within the City of Manila and to any other place in Luzon accessible
to vehicular traffic.
On October 10, 1977, : Board of Transportation issued Memorandum Circular
No. 77-42 providing for the phasing out and replacement of old and dilapidated taxis
beyond 6 years old

to the BOT circular, the Bureau of Land Transportation issued Implementing Circular
No. 52 instructing the implementation of said circular and formulating a schedule of
phase-out of vehicles to be allowed and accepted for registration as public
conveyances.
Petitioners seek to declare the nullity of the circulars on the ground that fixing the
ceiling at 6 years is arbitrarily and oppressive because the road worthiness of taxicabs
depends upon their kind of maintenance and the use to which they are subjected and
therefore their actual physical condition should be taken into consideration at the time
of the registration.
Issue:
WON a circular phasing out taxicabs more than 6 years old is unreasonable and
arbitrary.
Rulings:
A reasonable standard must be adopted to apply to all vehicles uniformly, fairly and
justly. The span of 6 yearsw supplies that reaonable standard. By the time taxis have
fully depreciated, theircost recovered, and a fair return on investment obtained. Thyey

are also generally dilapidated and no longer fit for safe and comfortable service to the
public.