Grab, Uber ask LTFRB to lift and set aside order against vehicles and drivers

Grab Philippines on Thursday asked the Land Transportation Franchising and Regulatory Board (LTFRB) to set aside and lift the ban on a government order suspending new applications for drivers and vehicles.

In its motion for reconsideration, app-based ride-sharing company Grab also asked the LTFRB not to implement an apprehension order against "colorum" transport network vehicles starting July 26.

Fiona Nicolas, government communications manager of Grab Philippines, told GMA News Online that the transport network company, represented by its counsel John Paul Nabua, has filed the appeal at the LTFRB's central office in Quezon City.

"Wherefore, premises considered, it is most respectfully prayed that the order dated 11 July 2017 rendered by the Honorable Board directing the Respondent-Appellant to cease with dispatch the operations of all its TNVS, which do not have the required Certificates of Public Convenience or Provisional Authority be SET ASIDE and the moratorium issued on 21 July 2016 be LIFTED as it is contrary to law, applicable jurisprudence, and evidence on record," the motion read.

TNVS (Transport Network Vehicle Services) consists of cars that have been accredited and attached to app-based ride-sharing companies like Grab and competitor Uber.

The motion, once granted, would stop the LTFRB from implementing its July 11 order to apprehend Grab and Uber cars and drivers without a provisional authority (PA) or certificate of public convenience (CPC) starting July 26, 2017.

The appeal called for lifting Memorandum Circular No. 2016-008 issued on July 21, 2016, which indefinitely suspended new applications for TNVS cars and drivers while the LTFRB is "reviewing existing policies before granting new TNVS applications."

The objective of MC 2016-008 was to "review existing polices, and other relevant and pressing issues regarding the issuance of franchise to TNVS," in its motion, Grab argued in its motion.

"However, almost one year has passed and the Honorable Board has yet to review the existing policies and other terms and conditions regarding TNCs and TNVS," Grab said.

Both Grab and Uber filed their respective position papers for the LTFRB to start the review, Grab noted.

"In applying the provisions of the foregoing statute, the Honorable Board should have already started reviewing the terms and conditions governing TNCs and TNVS from the time Respondent-Appellant filed its Position Paper on 6 January 2017," Grab said.

The LTFRB could have created a technical working group to "discuss and thresh out the issues confronting the ride-sharing industry," Grab said.

The LTFRB has the power and authority to stop accepting TNVS applications, but argued that the suspension "cannot be perpetual considering that the grounds for the suspension were anchored on the fact that the current rules and regulations have to be reviewed," Grab said.

"In the present case, more than seven months have passed and the Honorable Board, intentionally, failed to promulgate new rules and regulations for TNCs and TNVS as part of its mandate to the detriment not only of the TNVS applicants but of the general riding public as well," it added.

Uber

Uber Philippines, for its part, filed a separate motion for reconsideration on Thursday.

However they declined to comment.

In a separate text message to GMA News Online on Friday, Uber Philippines Communications head Cat Avelino said that they cannot disclose the contents of their motion.

"Since it's a legal document we aren't able to disclose the contents by either sharing a copy or talking about it during interviews," Avelino. —With a report from Marlly Rome Bondoc/VDS/KVD/KG, GMA News