DOTr to SC: Dismiss petitions vs PUV modernization

MANILA, Philippines — The Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) have asked the Supreme Court (SC) to dismiss for lack of merit a petition seeking to stop the implementation and ultimately void government orders related to the public utility vehicle modernization program (PUVMP).

The plea was enclosed in the agencies’ comment filed on Jan. 5 on the petition for certiorari and application for a temporary restraining order filed by Pagkakaisa ng mga Samahan ng Tsuper at Operator Nationwide (Piston) and other transport groups against the PUVMP.

In the 65-page comment, the DOTr and LTFRB, represented by the Office of the Solicitor General (OSG), said Piston’s petition should be dismissed outright on procedural grounds and for lack of merit.

The petitioners asked the SC to nullify the order formalizing the modernization plan and circulars for the consolidation.

These refer to DOTr Department Order No. 2017-11, which serves as the framework for the PUVMP, and the LTFRB Memorandum Circular 2023-051, which set the deadline for the consolidation.

In their comment, the DOTr and LTFRB said the petition was not in accordance with the hierarchy of courts and failed to satisfy the requisites for judicial review.

They argued that they have delegated legislative authority to issue the assailed issuances, citing Executive Orders 125 and 202, the Administrative Code, and Republic Act 11659.

The agencies also denied claims of the petitioners that the said issuances violate due process, equal protection, the right against unreasonable seizures and the right to freedom of association.

“As applied to government actions, the due process clause is not contravened when the government action is reasonably necessary to promote public interest,” they said.

They added that the right to freedom of association “may validly be restricted by the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.”

“Here, DO No. 2017-011 and LTFRB issuances were issued on the premise of adequacy, safety, reliability, efficiency and environment-friendly PUVs, as well as public order in land transportation,” the agencies said.

They also argued that the issuances do not violate their right to gainful employment and livelihood, saying these only “regulate said rights by providing reasonable requirements” for the comfort and safety of other individuals.

The DOTr and LTFRB also said the petition was not in accordance with the hierarchy of courts and failed to satisfy the requisites for judicial review.

“There is no actual case or controversy. Here, aside from the petitioners’ bare allegations, there are no actual facts that would show grave abuse of discretion on the part of the respondents,” the agencies added.

The DOTr and LTFRB also emphasized the need to modernize the transport sector, citing studies done by foreign governments and institutions.

They emphasized the country’s “fragmented transport system” has led to “dangerous and congested traffic situations and inefficient supply of low-quality transport service.”

They noted that in Metro Manila alone, over 43,000 jeepney franchises and over 830 bus franchises have been issued on more than 900 routes, “making the public transport market practically unmanageable for the government.”

The transport industry, they claimed, also accounts for 34 percent of energy-related greenhouse gas emissions, with jeepneys accounting for 40 percent of all vehicle trips.

“Consequently, the government launched the PUVMP designed to improve and consolidate the local public land transport service toward a restructured, modern, well-managed and environmentally sustainable transport sector,” the agencies said.

The PUVMP, which dates back to 2017, seeks to modernize the public transportation sector and replace PUVs that are 15 years old or older – those deemed not roadworthy by the standards of the Land Transportation Office (LTO), with modern vehicles, or those that have at least a Euro 4-compliant engine to lessen pollution.

Under the guidelines that the DOTr issued in 2017, PUV operators and drivers must form transport cooperatives or similar legal entities so they could join the PUVMP. — Ramon Efren Lazaro, Romina Cabrera, Emmanuel Tupas