BY GEROME DALIPE IV
ILOILO City – Will the Supreme Court grant the plea of several transport and cause-oriented groups to issue a restraining order stopping the government from implementing the Public Utility Vehicle Modernization Program (PUVMP)?
The High Court has directed the two state agencies to comment on the petition filed by the transport and cause-oriented groups, which sought to prevent the government from enforcing the controversial PUVMP.
In a notice, the SC en banc directed the Department of Transportation (DOTr) and its attached agency, the Land Transportation Franchising and Regulatory Board (LTFRB), to submit their comments on the petition and urgent application for a temporary restraining order (TRO) and/or writ of preliminary injunction within 10 days.
“Considering the allegations contained, the issues raised, and the argument adduced in the Petition, but without necessarily giving due course thereto, respondents DOTr and LTFRB should comment on the petition,” read the SC notice.
The petitioners – the No to PUV Phaseout Coalition of Panay, Komyut, Piston, Bayan Muna Party-list, and Advocates for Inclusive Transport – earlier filed the petition for certiorari and prohibition before the High Court against the DOTr and LTFRB.
The petitioners have sought to enjoin the enforcement and declare the nullity of Department Order 2017-011 dated June 19, 2017, or the Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services, issued by the DOTr.
They also questioned the validity of LTFRB Memorandum Circular No. 2018-008 (Consolidation of Franchise Holders in compliance with the Omnibus Franchising Guidelines), LTFRB Memo Circular 2020 – 084 (Extension of Time to File Application for Consolidation Pursuant to Industry Consolidation of PUVMP), LTFRB Memo Circular 2023-047 (Guidelines for the Acceptance of Application for Consolidation), LTFRB Memo Circular 2023 – 047 (Guidelines for the Acceptance of Application for Consolidation), and LTFRB Memo Circular 2023-051 (Allowing Operations of Consolidated Transport Entities in All Routes with Filed Application for Consolidation on or before Dec. 23, 2023).
Likewise, the DOTr and the LTFRB are required to personally submit their comment to the SC and furnish the same copies to the respondents. The period for the respondents to file their comments will have no extension.
The Omnibus Franchising Guidelines provide the planning and identification of public road transportation services and franchise issuances under the PUVMP.
Launched in June 2018, the PUVMP is the flagship, non-infrastructure project of former President Rodrigo Duterte. It seeks to phase out PUVs aged 15 years or older.
The program promises a “comfortable, safe, reliable, convenient, affordable, and environmentally sustainable” public transportation system in the country.
This includes promotions of a “safer and more environmentally-friendly transport system,” wherein the government proponents are pushing to replace jeepneys with Euro 4-powered engines or electrically-powered engines with solar panels for roofs.
Under the program, drivers and operators are promised stable, sufficient and dignified livelihoods while commuters get to their destinations quickly, safely, and comfortably.
For the DOTr, the PUVMP is not merely a vehicle modernization program, but a “comprehensive system reform that will entirely change the public land transportation industry.”
Under the program, the local government units are empowered to draft their route planning considering they are more versed in the terrain and passenger demand within their respective territorial jurisdiction.
Every city or municipality is also mandated to submit its own Local Public Transport Route Plan (LPTRP) as a prerequisite for the opening of PUV franchises within their jurisdiction.
Route rationalization studies will also be conducted to determine the appropriate model, quantity, and service characteristics of the public transport service in each corridor which will make the routes more responsive to passenger demand and ensure that the hierarchy of roads and modes of transportation are followed.
But several transport and cause-oriented groups decried the program as “anti-poor,” arguing that the new jeepney unit would cost them roughly P2.4 million per unit.
They also lamented that only multi-million peso companies can afford to buy the new “fleet management system” that sets a minimum of 15 units per franchise.
The transport leaders also claimed that some components of the program are disadvantageous to the transport cooperatives such as forcing the cooperative to avail of the modern units.
They said the modern jeepney units would go up to P2.8 million, thus would be a burden to the transport cooperatives despite the government’s promised subsidy of P160,000./PN
