Palace on arrest order vs PISTON leader: No harassment here

MANILA, Philippines — It is criminal and illegal for them to participate in any transport strike.

Malacañang on Tuesday raised this point as it denied that harassment was committed when a court ordered the arrest of a transport group leader for leading a strike in February to protest the government’s plan to phase out old jeepneys.

Last Friday, presiding Judge Don Ace Mariano Alagar of Quezon City Metropolitan Trial Court Branch 43 issued an arrest warrant against Pinagkaisahang Samahan ng mga Tsuper at Operator Nationwide president George San Mateo for violating the Public Service Law.

Bagong Alyansang Makabayan (Bayan) Secretary General Renato Reyes Jr. described the arrest warrant against San Mateo as “obviously harassment and a move to intimidate transport groups.”

In a press conference, presidential spokesperson Harry Roque backed the arrest order against San Mateo, saying the PISTON leader “defied” the law despite warnings.

A known human rights lawyer, Roque added that although there is freedom of expression and peaceful assembly, such rights are “limited in the case of holders of certificate of public convenience.”

“Well, it sends the message that if you violate the law, you will be prosecuted by authorities. That is after all the duty of the state. We can't have it any other way. They were warned,” Roque said.

“It is also pursuant to the warrant of arrest duly issued by the court and therefore, there can be no harassment here. We are just allowing the rule of law to prevail,” he added.

The case stemmed from a complaint filed by the Land Transportation Franchising and Regulatory Board last September stating that the transport strike last February was prohibited under its Memorandum Circular 2011-04, which outlines the revised terms for the granting of certificates of public convenience, and the Public Service Act.

More than 7,000 commuters in Metro Manila were affected that day.

Sen. Grace Poe, chair of the Senate committee on public services, said "the timing of the release of the arrest warrant is suspect and casts doubt on the intent of the complainant in filing such charges."

She added that citizens have a constitutional right to hold peaceful assemblies and that the Public Utility Jeepney modernization program should be developed through a democratic process.

"It is unclear based on the cited section of the Public Service Act what exactly San Mateo violated. If holding a strike is tantamount to a violation under any memorandum of the LTFRB, then the proper penalty should have been a fine or suspension or cancelation of their franchise, not threatening their leader with incarceration," she said.

"Piston and other transport groups have agreed to a dialogue called by my committee on Monday. With their entire livelihood at stake, the least we can do is hear them out. Moving forward, let us give them and other stakeholders a chance to explain so that we can resolve their issues together," she added.

For decades, the iconic post-war era jeepneys have provided cheap and regular transport for millions.

Citing pollution and safety concerns, the government, however, is planning to phase out the venerable open-air minibuses aged 15 years or older and replace them with a more environment-friendly version.

The government admits the plan will be hard to implement, with critics questioning the cost of the rehabilitation program, and many poor drivers and owners saying they can’t afford to take on new loans to buy vehicles.

EXPLAINER: Why some transport groups oppose jeepney phaseout

Crackdown on communists?

In October, President Rodrigo Duterte accused PISTON and other activist groups identified with the national democratic movement of being communist fronts and of working with the New People's Army.

READ: Duterte warns ‘communist front’ Piston of arrest

Asked if the warrant of arrest issued against San Mateo is part of a crackdown on communists, Roque said the order “has nothing to do with arrest of legal fronts.”

“Please read the document and judge for yourself... This has something to do with violating Public Service Law,” the Palace spokesman told reporters.

“So now that the law is being implemented, they should only blame themselves for it,” he added.

PISTON had canceled a scheduled jeepney strike on Monday following Poe’s appeal to the group. PISTON instead held a transport caravan in Manila.

Malacañang earlier said jeepney operators who would join the strike might face “legal consequences.”

“The warning was made. He defied. Now, he has to face the consequences,” Roque said of San Mateo.