Drivers, operators ask SC help vs PUVMP

Jeepney drivers and operators yesterday ran to the Supreme Court to seek a stop in the implementation of various administrative issuances about the full implementation of the Public Utility Vehicle Modernization Program starting next year by the government.

The group in a 56-page petition, led by transport group Piston through its chairman Mody Floranda, asked the Court to issue a temporary restraining order and/or a writ of preliminary injunction enjoining respondents from implementing Department of Transportation Order 207-011 (Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services and Franchise Issuance; Land Transportation Franchising and Regulatory Board Memorandum Circular 2018-008 (Consolidation of Franchise Holders in Compliance with DO 207-11); LTFRB Memorandum Circular 2020-084 (Extension of Time to File Application for Consolidation Pursuant to Industry Consolidation of PUVMP);

LTFRB Memorandum Circular 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 DO 207-11; LTFRB Memorandum Circular 2023-047 (Guidelines for the Acceptance of Application for Consolidations); and LTFB Memorandum Circular 2023-051 (Allowing Operations of Consolidated Transport Services Entities in All Routes with Filed Applications for Consolidation on or before 31 December 2023).

These lay down the processes for the mandatory consolidation of individual operators under transport cooperatives and corporations and the issuance of new franchises in favor of such entities as part of the PUVMP.

The assailed issuances would pave the way for the eventual phaseout of jeepneys from the roads starting January 1, 2024.

The other petitioners in the case are Bayan Muna Partylist Coordinator Gaylord Despuez, PARA-Advocates for Inclusive Transport member Edrich Samonte, No to PUV Phaseout Coalition of Panay member Elmer Forro, and Kmyut spokesperson Ma. Flora Cerna.

The petitioners argued that the assailed orders and circulars violate the constitutional provisions that guarantees 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 further said that the orders and circulars are an invalid exercise of police power and a usurpation of legislative prerogative.

Lawyer Diane Azores, who topped the Bar in 2019 and whose father is a jeepney driver, will lead a group of lawyers who volunteered to provide legal assistance to the petitioners.

Named respondents in the Petition are Secretary Jaime Bautista of DoTr and LTFRB Chairman Teofilo Guadiz.

They stressed that the orders and circulars are overly broad and infringe on the constitutional freedom of association as these issuances, force the drivers and operators to join an organization or cooperative.

According to the petitioners, the Supreme Court has repeatedly said that the right to join an association carries with it the right not to join.

"Through the issuance of MC NO. 2023-051, the individual operators re being penalized for not joining an association. They are essentially left with no choice but to consolidate if they wish to keep their livelihood. This is gross and patent violation of the individual operators' freedom of association as guaranteed by the Constitution," the petition read.