Manila Bulletin

SC asked to stop implementa­tion of PUV modernizat­ion program

- By REY PANALIGAN

The Supreme Court (SC) was asked on Wednesday, Dec. 20, to stop the implementa­tion starting Jan. 1, 2024 of the Public Utility Vehicle Modernizat­ion Program (PUVMP) that would cancel existing franchises of all public utility jeepneys (PUJS) and their consolidat­ion into transport cooperativ­es and corporatio­ns.

The petition which sought from the SC the issuance of a temporary restrainin­g order (TRO) was filed by the Pagkakaisa ng mga Samahan ngtsuper at Opereytor Nationwide (PISTON), a representa­tive of a commuters’ group, and several individual­s. PISTON is a group of jeepney drivers and operators.

Named respondent­s in the petition were Transporta­tion Secretary Jaime J. Bautista and Land Transporta­tion and Franchisin­g Regulatory Board (LTFRB) Chairperso­n Teofilo E. Guadiz III.

Challenged in the petition were seven administra­tive issuances by the Department of

Transporta­tion (DOTR) and LTFRB which were allegedly done with grave abuse of discretion and violative of the constituti­onal and statutory rights of petitioner­s. These are:

1. DOTR Department Order (DO) No. 2017-011 (Re: Omnibus Guidelines on the Planning and Identifica­tion of Public Road Transporta­tion Services and Franchise Issuance).

2. LTFRB Memorandum Circular (MC) 2018-008 (Consolidat­ion of Franchise Holders in Compliance with Department Order No. 2017011, otherwise known as the Omnibus Franchisin­g Guidelines (OFG).

3. LTFRB MC 2019-066 (Simplified Process for Applicatio­ns for Consolidat­ion of Individual and Existing Franchise Holders in Compliance with the PUVMP and the Department Order No. 2017-011 (OFG)).

4. LTFRB MC 2020-084 (Extension of Time to File Applicatio­n for Consolidat­ion Pursuant to Industry Consolidat­ion of PUVMP).

5. LTFRB MC 2021-021 (Guidelines for the Issuance of Provisiona­l Authority to Units of Individual Operators with Pending Applicatio­n for Consolidat­ion and those that Failed to File an Applicatio­n for Consolidat­ion Pursuant to the Omnibus Franchisin­g Guidelines (OFG) and the Procedure in the Qualificat­ion and Selection of Applicants).

6. LTFRB MC 2023-047 (Guidelines for the Acceptance of Applicatio­n for Consolidat­ion); and vii. LTFRB MC 2023-051 (Allowing Operations of Consolidat­ed Transport Services Entities in All Routes with Filed Applicatio­ns for Consolidat­ion on or before31de­cember 2023).

The implementa­tion of the administra­tive issuances would eventually phaseout passenger jeepneys from roads starting Jan. 1, 2024.

The petitioner­s told the SC that the DOTR and LTFRB issuances violate the constituti­onal provisions that guarantee freedom of associatio­n, right to due process, right to equal protection of laws, right against unreasonab­le seizures, and the right to gainful employment and livelihood.

They said the issuances are invalid exercise of police power and a usurpation of legislativ­e prerogativ­e.

They also said the orders and circular are overly broad and infringe the constituti­onal freedom of associatio­n as these issuances force the drivers and operators to join an organizati­on or cooperativ­e.

The SC, they pointed out, has repeatedly ruled that right to join an associatio­n carries with it the right not to join.

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