DOTr, LTFRB ask SC to junk petition vs. PUVMP

The Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) have asked the Supreme Court to dismiss a petition against the Public Utility Vehicle Modernization Program (PUVMP).

In a 65-page comment, the DOTr and the LTFRB, through the Office of the Solicitor General (OSG), argued that the petitions filed by PISTON and other transport groups should be dismissed outright on procedural grounds.

"Wherefore, premises considered, it is respectfully prayed that the petition… be denied for lack of merit," the comment read.

The petitioners are asking the SC to declare null and void several DOTr and LTFRB issuances and issue a temporary restraining order to prevent the two government agencies from enforcing the issuances.

Among the issuances cited is 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.

The PUVMP, 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.

Under the program, jeepney drivers and operators are required to join or form cooperatives. They may also apply for new franchises but as part of transport cooperatives.

Though the government set the deadline for the consolidation on Dec. 31, 2023, individual operators in routes without a consolidated transport service entity (TSE) may be allowed to operate until Jan. 31.

In their comment, the DOTr and the LTFRB 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," they said.

"Here, aside from petitioners' bare allegations… there are no actual facts that would show grave abuse of discretion on the part of the respondents," they added.

Aside from this, they argued that they have delegated legislative authority to issue the assailed issuances, citing EO 125, EO 202, the Administrative Code, and Republic Act 11659.

The agencies also said that the issuances do not violate due process, equal protection, the right against unreasonable seizures, and the right to freedom of association.

"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," they said.

"Here, D.O. No. 2017-011 and the LTFRB  issuances were issued on the premise of adequacy, safety, reliability, efficiency, and environment-friendly PUVs, as well as public order in land transportation," they added.

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. — VDV, GMA Integrated News