Transport group leaders sue Uber for violating LTFRB orders

MANILA, Philippines — The leaders of different transport groups on Wednesday filed a case against a ride-sharing company for its alleged violation of orders of the Land Transportation Franchise and Regulatory Board directing it to cease accepting new members onto its platform and stop its operations for a month.

“Respondents, as officers and members of the Board of Directors of UBER, knowingly and willfully violated the orders of the LTFRB, and consented and approved their company's illegal activity of operating vehicles as public utilities without the proper and valid authority coming from the LTFRB, otherwise known as "colorum" activities,” the complaint said.

The complainants, describing themselves as the “national president and/or chairman of various transport organizations [representing] transport workers,” alleged that Uber did not stop accepting applications of transport network vehicles despite LTFRB’s order and its subsequent fine of P5 million.

They added the ride-sharing platform continued “its illegal operations” which resulted in the LTFRB order on August 14 suspending its operations for a month.

“Despite the suspension order, UBER still continued its illegal operations, and continued to deploy vehicles even without the proper authority from LTFRB,” they said.

Ride booked despite suspension order

They cited the example of a certain Kenneth Lugtu who was able to book a ride from Ortigas Center to Quezon City on August 15, the day the suspension order was supposed to take effect.

“Mr. Lugtu then was picked up by the vehicle of UBER with Plate Number NS 9276 driven by Respondent Joseph Ravile,” it said.

Lugtu again availed of Uber’s services a few hours after when was picked up on Tomas Morato, Quezon City and driven to Ortigas Center, Pasig City by a certain Jenell Flores.

The complainants described these vehicles as illegal as they did not operate with valid authority from the LTFRB.

“Aside from the two (2) vehicles mentioned above, UBER operates/ controls/ manages thousands of other vehicles, some without LTFRB approval, all throughout Metro Manila, including Quezon City,” the complaint read.

The case is the latest among Uber’s woes.

Lack of certificates of public conveyance

Last month, 50,000 of Uber’s and Grab’s vehicles were almost suspended since they lacked certificates of public conveyance to operate.

The problem was sorted out following a meeting with senators, and the two ride-sharing companies filed motions for reconsideration on LTFRB’s memorandum.

On Monday, LTFRB ordered Uber to cease operating its platform for a month following the agency’s discovery that it was still accepting new vehicles into its fleet. Uber suspended its operations the following day, Tuesday.

Sen. Grace Poe, chairperson of the Senate committee on public services, described the order as both “cruel and absurd” and said that it would only worsen the transportation problem of the Philippine capital.

On Wednesday, a meeting between Uber and LTFRB set up by Poe failed to resolve the impasse as Martin Delgra, the head of the agency, said that the directive would stand.

LTFRB however said that it may shorten the suspension if the ride-sharing network filed a pleading this week or next.

The complainants said that Uber officials “directed the outright disobedience” of LTFRB’s orders to cease accepting new drivers and stop its operations.

They clarified that they were not against Uber but only its “stance of wanting to be above the law.”

“Operating more than 50,000 colorum vehicles sets a dangerous precedent, and if not stopped would wreck [sic] havoc to the country's transport plans and programs, specifically the Modernization Program, which aims to enhance transport service and uplift the lives of transport workers,” it said.

They added: “If UBER can get away with this, then all other modes of transport service might as well forget their franchise and just operate as colorum, just like UBER.”

The complainants in the case are Vigor Mendoza II, Melencio Vargas, Zenaida Maranan, Efren De Luna, Roberto Martin, Orlando Marquez and Fermin Octobre.

The respondents in the case are Uber officials Karen Sammis Walker, Rob Van Der Woude, Charlotte Feraren Aguba-Goco Jacqueline Laurel, Ma. Elena P. Hernandez – Cueva and Manuel Cosico.

Uber drivers Joseph Ravile and Jenell Flores were also named respondents.