PISTON presses SC for TRO on PUV consolidation deadline

MANILA, Philippines — On the eve of the deadline for jeepney franchise consolidation and on the first day of a three-day nationwide transport strike, transport groups yesterday again asked the Supreme Court to order the suspension of the public utility vehicle modernization program (PUVMP), saying forcing its implementation would hurt the industry and the public in general.

In a supplemental petition for a temporary restraining order (TRO), transport groups led by the Pinagkaisang Samahan ng mga Tsuper at Operator Nationwide (PISTON) said the Department of Transportation (DOTR) had included in its new order additional requirements for consolidation and management of operations previously not included in its order.

They also cited the business sector’s call for the suspension of the consolidation deadline for an indefinite period and the creation of “an affordable, sustainable and carbon-neutral mass transport system.”

The business sector, they said, has called for an urgent review of the PUVMP “to address its legal, financial and human rights infirmities,” maintaining that the transport system should include support for local jeepney manufacturers to design and produce affordable, safe and environmentally friendly vehicles.

Transport groups in December last year also sought a TRO or a writ of preliminary injunction on several government orders related to the PUVMP.

These include DOTr Order No. 2017, which serves as guidelines for the implementation for the PUVMP, and the Land Transportation Franchising and Regulatory Board (LTFRB) Memorandum Circular 2023-051, which set the deadline for consolidation.

“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,” the petition read.

“The requirement of consolidation is untenable at this point, and fundamentally unlawful. This is why there is continuing resistance from among the stakeholders, and particularly, jeepney drivers to forced franchise consolidation,” the petition read.

Transport groups also reiterated that all the assailed government orders violate their right to freedom of association and right to organize as well as their right to gainful employment and livelihood.

The revocation of the individual operator’s franchise without affording them the opportunity to be heard, they said, also violates their right to procedural due process.

“To reiterate, the process of cooperativization was carried out by force, rather than affiliation. Jeepney drivers are being compelled to join cooperatives through coercion or undue influence, such as threats of license revocation or denial of permits,” they said.

The deadline for the consolidation of all passenger jeepneys into cooperatives or corporations had been extended from Dec. 31, 2023 until today.

President Marcos had said there would no longer be any extension of the deadline for franchise consolidation under PUVMP.

Jeepneys that are unconsolidated would be considered colorum and prohibited from plying their routes starting tomorrow.

On the transport group’s earlier petition, the SC had merely asked respondents DOTr and LTFRB to file their respective comments.

The PUVMP, which dates back to 2017, seeks to modernize the public transportation sector and replace PUVs 15 years old or older – those deemed not roadworthy by the standards of the Land Transportation Office (LTO) – with modern vehicles, or those that have at least a Euro 4-compliant engine.

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.

A single unit of modernized vehicle could cost P2 million or more while Filipino manufacturers like Francisco Motors offer modern jeepneys for only around P985,000.

PISTON yesterday announced the start of its three-day strike and vowed to defy a government order to keep traditional jeepneys off the road after the PUVMP implementation.

Transport group Manibela, for its part, did not join the PISTON-led strike, saying it was preparing for a separate mobilization.

At a press conference, Manibela chairman Mar Valbuena said he is still awaiting action from Speaker Martin Romualdez, who vowed to act on the issue.

Valbuena said that during his conversation with PISTON president Mody Floranda, the latter did not ask him to join the three-day strike.

At the same time, Valbuena said Manibela is pushing for an extension of the provisional authority granted by the LTFRB to allow traditional PUJs to operate until December — Bella Cariaso, Ernest Mark Villeza, Sheila Crisostomo, Cecille Suerte Felipe, Nillicent Bautista