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SC pressed for TRO on PUV consolidation deadline
By Nidz Godino
“Essentially, new DOTr DO includes assailed forced consolidation in its Technical Requirements paragraph 5 and directs LTFRB to ‘adopt policy on consolidation of CPCs and substitution of units,’ also not found in DOTR DO 2017-011,” petition read on the eve of deadline for jeepney franchise consolidation and on the first day of three-day nationwide transport strike, transport groups again asked Supreme Court to order suspension of public utility vehicle modernization program PUVMP, forcing its implementation would hurt industry and public in general.
In supplemental petition for temporary restraining order (TRO), transport groups led by Pinagkaisang Samahan ng mga Tsuper at Operator Nationwide (PISTON) said Department of Transportation (DOTR) had included in its new order additional requirements for consolidation and management of operations previously not included in its order.
They also cited business sector’s call for suspension of consolidation deadline for indefinite period and creation of “affordable, sustainable and carbon-neutral mass transport system.”
Business sector, they said, has called for urgent review of PUVMP “to address its legal, financial and human rights infirmities,” maintaining transport system should include support for local jeepney manufacturers to design and produce affordable, safe and environmentally friendly vehicles.
Transport groups in December last year also sought TRO or writ of preliminary injunction on several government orders related to PUVMP.
These include DOTr Order No. 2017, serves as guidelines for implementation for PUVMP, and Land Transportation Franchising and Regulatory Board (LTFRB) Memorandum Circular 2023-051, deadline for consolidation.
“Requirement of consolidation is untenable at this point, and fundamentally unlawful…this is why there is continuing resistance from among stakeholders, and particularly, jeepney drivers to forced franchise consolidation,” petition read.
Transport groups also reiterated all assailed government orders violate their right to freedom of association and right to organize as well as their right to gainful employment and livelihood.
Revocation of individual operator’s franchise without affording them opportunity to be heard, they said, also violates their right to procedural due process.
“To reiterate, process of cooperativization was carried out by force, rather than affiliation…jeepney drivers are being compelled to join cooperatives through coercion or undue influence, such as threats of license revocation or denial of permits,” they said.
Deadline for consolidation of all passenger jeepneys into cooperatives or corporations had been extended from Dec. 31, 2023 until today.
President Ferdinand Marcos Jr.had said there would no longer be any extension of deadline for franchise consolidation under PUVMP.
Jeepneys that are unconsolidated would be considered colorum and prohibited from plying their routes starting tomorrow.
On transport group’s earlier petition, SC had merely asked respondents DOTr and LTFRB to file their respective comments.
PUVMP, dates back to 2017, seeks to modernize public transportation sector and replace PUVs 15 years old or older those deemed not roadworthy by standards of Land Transportation Office (LTO) with modern vehicles, or those that have at least Euro 4-compliant engine.
Under program, jeepney drivers and operators are required to join or form cooperatives. They may also apply for new franchises but as part of transport cooperatives.
Single unit of modernized vehicle could cost P2 million or more while Filipino manufacturers like Francisco Motors offer modern jeepneys for only around P985,000.
PISTON announced start of its three-day strike and vowed to defy government order to keep traditional jeepneys off the road after PUVMP implementation.
Transport group Manibela, for its part, did not join PISTON-led strike, saying it was preparing for separate mobilization.
At press conference, Manibela chairman Mar Valbuena is still awaiting action from Speaker Martin Romualdez, who vowed to act on the issue.
Valbuena said during his conversation with PISTON president Mody Floranda, latter did not ask him to join three-day strike.
At the same time, Valbuena said Manibela is pushing for extension of provisional authority granted by LTFRB to allow traditional PUJs to operate until December
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