SC denies petition vs PUV Modernization Program

The Supreme Court has denied a petition challenging the Public Utility Vehicle Modernization Program (PUVMP), which is being opposed by several transport groups.

In a decision promulgated in July 2023 but released only this week, the SC denied the petition filed by the Bayyo Association, Inc. (Bayyo) and Bayyo President Anselmo Perweg against the Department of Transportation's Department Order (DO) No. 2017-011, which provides for the implementation of the PUVMP.

The SC, however, said that the petition must be denied due to lack of legal standing and violation of the principle of hierarchy of courts.

“These factual issues should have been first brought before the proper trial courts or the Court of Appeals, both of which are specially equipped to try and resolve factual questions,” the court said.

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.

Other petitions seeking to stop the implementation of the PUVMP have been filed with the Supreme Court in January 2024.

In their petition, Bayyo argued that the DO is an invalid delegation of legislative power and that a paragraph of the order is unconstitutional for being violative of the due process and equal protection clauses of the Constitution.

However, in dismissing the petition, the SC said that no question involving the constitutionality or validity of law on any government act may be decided by the Court unless there is an actual case or controversy, the individual challenging the act must have legal standing to do so, and the question of constitutionality must have legal standing to do so.

Aside from lacking legal standing, the Court said Bayyo failed to provide proof that it is a legitimate association of PUJ operators and drivers.

“Bayyo also failed to establish who its members are and that it has been duly authorized by said members to institute the petition,” it said.

Pending petitions

Meanwhile, there are still two pending petitions filed against the PUVMP before the SC.

On December 20, 2023, PISTON and other members of transport groups filed a petition before the SC that sought to stop the implementation of the PUVMP. Another petition was filed against the program on December 28.

Similar to the petition that was recently dismissed, the two petitions asked the SC to declare null and void DO No. 2017-11 as well as LTFRB Memorandum Circular 2023-051, which set the deadline for the consolidation. 

For their part, the Department of Transportation and the Land Transportation Franchising and Regulatory Board asked the SC to dismiss the first petition against the program in January 2024. —KBK/ VAL, GMA Integrated News