Can DOTr compel jeepney operators to modernize units?

IL OIL O City–The Supreme Court has rejected a petition filed by a transport group in 2013 that challenged the Department of Transportation’s ( DOTr) mandate for jeep ney operators across the country to modernize their fleets.

The petition sought to nullify the DOTr’s directive, but the 20-page unanimous decision, authored by Associate Justice Maria Filomena D. Singh, dismissed the plea for certiorari and prohibition due to the Bayyo ( Drivers and Operators) Association Inc. president’s lack of legal standing.

Moreover, t he Court determined that while the petitioners properly sought relief through certiorari and prohibition under Rule 65 of the Rules of Court, they failed to adhere to the “hierarchy of courts” doctrine. This doctrine stipulates that petitions should initially be filed in lower courts before escalating to the Supreme Court.

However, the j ustices did not address the legality of the DOTr’s Department Order No. 2017- 011, also known as t he Omnibus Franchising Guidelines. These guidelines instruct the regulatory agency to “modernize existing transport services” and encourage the adoption of “brand new and environmentally- friendly units.”

All 14 magistrates, including Chief Justice Alexander Gesmundo, concurred with Justice Singh, emphasizing that the petitioners’ lack of legal standing and their disregard for the court hierarchy precluded a discussion on the case’s merits.

The Supreme Court clarified, “It is crucial to remember that the Court does not function as a trier of facts. It is not designed to assess evidence from the outset, whether in its original jurisdiction or on appeal.”

Anselmo Perweg , in his capacity as president, alongside other members of the Manila-based Bayyo Association, Inc ., initiated the petition. The respondents included former Transportation Secretary Arthur Tugade, previous secretaries Carlos Dominguez and Wendel Eliot, and Martin Delgra, the former chairman of the Land Transportation Franchising and Regulatory Board.

The petitioners contended that the DOTr’s order would significantly impact the transport industry, affecting t he health, safety, and welfare of jeepney drivers and operators, as well as the commuting public. They argued that the directive to

phase out and replace old Public Utility Vehicles (PUVs) with new, environmentally friendly units was discriminatory.

The respondents, however, requested the petition’s dismissal, citing the petitioners’ violation of the court hierarchy and the absence of a purely legal question for the Supreme Court. They highlighted the lack of evidentiary support for the petitioners’ claims and the absence of immediate or actual risk of harm from the order’s enforcement.

In its ruling, the Court pointed out that the Bayyo Association failed to prove its legitimacy as a representative body for PUJ operators and drivers. Furthermore, it determined that Perweg lacked the legal standing to sue, being neither a driver nor an operator within the group.

Given these findings, the Court dismissed the petition, emphasizing that factual disputes should be initially resolved in lower courts or the Court of Appeals. “Without resolving these factual issues, it is impossible to determine if there was direct harm or sufficient details and contention for this Court to ascertain the parties’ rights and obligations,” the decision stated.

The Omnibus Franchising Guidelines outline the planning and identification of public road transportation services and franchise issuance under the PUV Modernization Program. Initiated in June 2018, this flagship non- infrastructure initiative of former President Rodrigo Duterte aims to retire PUVs older than 15 years.

The program aspires to provide a “comfortable, safe, reliable, convenient, affordable, and environmentally sustainable” public transport system, promoting a “safer and more environmentallyfriendly transport system .” It encourages the adoption of jeepneys powered by Euro 4 engines or electric motors with solar panel roofs.

The initiative guarantees drivers and operators a stable, adequate, and dignified livelihood while ensuring that commuters travel quickly, safely, and comfortably.

According to the DOTr, the PUV Modernization Program represents not just a vehicle upgrade but a “comprehensive system reform that will fundamentally transform the public land transportation industry.”

To accommodate drivers and operators who have yet to comply, the government has extended the deadline for PUV consolidation five times since 2022, allowing non-compliant jeepneys and UV Express vehicles to operate until April 30, 2024. After this extension, non-compliant vehicles will be deemed “colorum,” as the PUV Modernization Program mandates joining or forming a transport cooperative or corporation to continue operations./