PISTON, others file amended petition for TRO vs. PUVMP

A day before the deadline for unconsolidated public utility vehicles (PUV), transport groups filed a supplemental petition and again asked the Supreme Court (SC) to issue a temporary restraining order against the PUV Modernization Program.

The transport groups earlier filed their petition with the SC in December 2023, asking for a TRO or a  writ of preliminary injunction against several issuances related to the program.

Among the issuances mentioned are Department of Transportation (DOTr) Department Order No. 2017-11, which serves as the framework for the PUVMP, and the Land Transportation Franchising and Regulatory Board (LTFRB) MC 2023-051, which set the deadline for the consolidation.

However, in their newest petition, the drivers noted that the DOTr promulgated Department Order No. 2023-022 nine days after their petition, superseding DO 2017-011.

“Essentially, the new DOTr DO includes the assailed forced consolidation in its Technical Requirements (paragraph 5) and directs LTFRB to ‘adopt a policy on the consolidation of CPCs and substitution of units.’ This is also not found in DOTR DO 2017-011,” it read.

The petitioners included DO 2023-022 and other new issuances in their prayer for a TRO.

The petitioners were PISTON chairman Modesto Floranda, Jason Jajilagutan, Para-Advocates For Inclusive Transport member Edric Samonte, No to PUV Phaseout Coalition of Panay member Elmer Forro, and Komyut spokesperson Ma. Flora Cerna. Multi-sectoral group Bayan Muna party-list, represented by coordinator Gaylord Despuez, was also among the petitioners.

Meanwhile, the respondents were the DOTr and the LTFRB.

The two agencies earlier asked the Supreme Court to dismiss the petition against the PUVMP for lack of merit. They argued that the petition violated the hierarchy of courts and that they have authority to issue the assailed issuances.

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

The SC previously said that the petitions of PISTON are still under deliberation.

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.

After several extensions, President Ferdinand Marcos Jr. in late January set the new deadline for the consolidation of PUV operators to form cooperatives on April 30, 2024, saying that there would be no more extensions after.

For its part, DOTr Undersecretary Andy Ortega had said that they would implement the PUVMP while waiting for the SC to decide on the petition of the drivers. — RSJ, GMA Integrated News