Supreme Court denies petition vs PUV modernization

MANILA – The Supreme Court (SC) has denied a petition challenging the government’s Public Utility Vehicle Modernization Program (PUVMP).

In a decision promulgated in July 2023 but was only published recently, the SC said the petition, filed by the Bayyo Association Inc. (Bayyo) and

Bayyo President Anselmo Perweg, against the Department of Transportation’s (DOTr) Department Order (DO) 2017011 for the implementation of the PUVMP was denied due to lack of legal standing and violation of the principle of hierarchy of courts.

“These factual issues should have been first brought before the proper trial courts or the Court of Appeals, both of which are specially equipped to try and resolve factual questions,” read the decision.

It was also noted in the decision that while Bayyo attached a Securities and Exchange Commission certificate of registration as an association of operators and drivers, the articles of incorporation and by-laws and other competent proof were not submitted.

The group attempted to shoot down the DO, noting that it is violative of the due process and equal protection clauses of the Constitution. Two more petitions seeking to call off the implementation of the PUVMP is still pending before the SC, both of which were filed by Piston and other members of transport groups.

Named respondents in the petition were the DOTr, represented by Secretary Jaime Bautista,

and the Land Transportation Franchising and Regulatory Board (LTFRB), represented by its chair, Teofilo Guadiz III. The PUVMP was initiated during the previous administration.

It requires operators to replace their jeepneys with vehicles fitted with Euro-4 compliant engines as part of efforts to make an environment-friendly transport system in the country. Each vehicle costs around P1.5 million to P2.7 million.