Public utility vehicles (PUVs) considered as 'colorum' will be apprehended nationwide starting 16 May.

This after the Supreme Court denied the temporary restraining order (TRO) enjoining the full implementation of the Public Utility Vehicle Modernization Program (PUVMP).

In a statement, SC spokesman Camille Sue Mae Ting said the Court en banc on Tuesday, has taken cognizance of the supplemental petition filed by transport groups led by Piston last 29 April 2024.

The respondents was directed by the Court along with the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) – to comment on the supplemental petition.

The Court merely required the respondents to comment within a non-extendible period 10 days on the petitioner’s plea for the issuance of a TRO and/or a writ of preliminary injunction.

It merely asked the respondents for the status update regarding the current progress of the consolidation of PUV franchises within the National Capital Region (NCR) and other regions of the country on a per route basis.

The Court also sought a status update on the Local Public Transport Route Plan (LPTRP) per locality and the Route Rationalization Plan. Finally, the SC also asked the respondents on the status of the hearings before the House of Representatives on the matter.

The magistrates acted on the supplemental petition during its regular en banc yesterday.

Prior to the Court’s action, transport groups led by Piston and MANIBELA chairperson Mar Valbuena held a protest action outside the SC to urge the justices to immediately issue a TRO against the PUVMP and hear their side on the issue by holding an oral argument.

“To our Supreme Court, don’t pretend you don’t hear us, don’t close your eyes, and look at the majority. The majority of Filipino people who are now having difficulty,” MANIBELA chairperson Mar Valbuena said.

He said said there is an urgency for the Court to act on their plea for a TRO as the government is poised to conduct a massive apprehension of PUVs starting May 16 that have yet to comply with the order to consolidate under the PUVMP.

The LTFRB earlier announced unconsolidated PUVs would be considered “colorum” starting May 16 and will be apprehended.

The PUVMP mandates consolidation of individual operators under transport cooperatives and corporations.

The program, which started in 2017, aims to replace jeepneys with vehicles that have at least a Euro 4-compliant engine to lessen pollution and replace PUVs that are not roadworthy by the standards of the Land Transportation Office (LTO).

The groups supplemental with urgent reiterative motion for the issuance of a TRO and/or a writ of preliminary injunction cited the amendment in Department Order (DO) No. 2017-011 issued by the Department of Transportation on June 19, 2017, which is also known as the blueprint of the PUV modernization program.

They noted that in their original petition with prayer for a TRO, they called for the nullification of seven issuances, including DO No. 2017-011.

However, on 29 December 2023, or nine days after they filed the said petition, DOTr promulgated DO No. 2023-022, providing the guidelines on the implementations of PUVMP, superseding DO No. 2017-011.

It noted that DO No. 2023-022 inserted specific additional requirements on consolidation and management operations that were previously not included in the assailed DO No. 2017-011.

Essentially, the petitioners pointed out that the new DO No. 2023-022 includes the assailed forced consolidation and its technical requirements and directs the LTFRB to “adopt a policy on the consolidation of certificates of public convenience [CPCs] and substitution of units,” which is not found in DO 2017-011.

Petitioners note that DO 2023-022 contains substantial changes from its previous version,” it added.

“The belated and underhanded incorporation of mandatory consolidation in the PUVMP appears to indicate a lack of clarity and cohesion in the policy and implementation,” the petitioners said in stressing the need for the issuance of a TRO.

The supplemental petition was also anchored on the business sector’s call to suspend the consolidation deadline for an indefinite period and create “an affordable, sustainable and carbon-neutral mass transport system.”

They cited business groups under The Leaders Forum such as the Employers Confederation of the Philippines, Philippine Chamber of Commerce and Industry and the Philippine Exporters Confederation Inc., trade unions Federation of Free Workers, Sentro ng mga Nagkakaisa at Progresibong Mangagawa and Trade Union Congress of the Philippines as among those supporting their call to halt the implementation of PUVMP.