GOVERNMENT LAWYERS have asked the Supreme Court (SC) to deny for lack of merit the suit filed by transport group Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide (Piston) and other groups challenging the government’s Public Utility Vehicle Modernization Program (PUVMP).
The Office of the Solicitor General, representing the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB), urged the tribunal to turn down the petition filed by Piston that challenged the legality of the PUVMP, according to its 65-page comment shared with the media on Tuesday.
The SolGen said both the DOTr and LTFRB stressed the suit did not adhere to the hierarchy of courts by not initially filing the petition with lower courts, stressing that the SC should be the "last court of resort."
"The doctrine of the hierarchy of courts is a practical judicial policy designed to restrain parties from directly resorting to this Honorable Court when relief may be obtained from lower courts," the DOTr and LTFRB said.
The SolGen also said the there was no actual case or controversy and that the transport groups failed to demonstrate their standing to sue.
The DOTr and LTFRB asserted that, even if the petition is entertained, it should be dismissed for lack of merit, arguing that legislative authority was appropriately delegated for the promulgation of the challenged Department Order (DO) No. 2017-011 and other issuances.
The DOTr and LTFRB affirmed that the measure is crucial to address the current disintegration and inefficiency in the country's public transportation system.
The mandatory franchise consolidation will replace individual franchises with a single cooperative or corporation per route, and will pave the way for the eventual phase out of traditional jeepneys and unconsolidated utility van express vehicles.
The DOTr and LTFRB issuances, including DOTr Department Order No. 2017-011, the catalyst for the modernization program, and LTFRB MC 2023-051, originally set a Dec. 31, 2023 deadline for consolidation and franchise cancellations.
Meanwhile, the Liga ng Transportasyon at Operators sa Pilipinas (LTOP) is scheduled to present to the DOTr on Jan. 21 prototypes of a modern public utility jeepney (PUJ), a “jumbo jeepney,” a tourist jeepney and an electric jeepney.
In an interview, LTOP president Orlando Marquez Sr. said his group will seek Transportation Secretary Jaime Bautista’s support in promoting the widespread use of these modern public utility vehicles (PUVs).
Marquez said the proposed PUJs of the future will retain the general appearance of the "traditional jeepney" but will be more fuel efficient, less-polluting, more spacious and some will even be air-conditioned.
He added some 82 percent of the domestic transport sector supports the long-delayed modernization of PUJs despite the resistance being put up by two groups.
Marquez said efforts by Piston and Samahang Manibela Mananakay at Nagkaisang Terminal ng Transportasyon (Manibela) to postpone anew the implementation of the PUVMP should be rejected outright.
He said the PUVMP began as early as 1997 for other modes of transportation, such as city and provincial buses, “FX” taxis (now called UV Express), and even for school service vans, but the jeepney sector until now failed to transition to more efficient units.
“I don’t understand why they (other transport groups) steadfastly resist modernization. They are complaining without really understanding how it can help our whole industry,” Marquez told the Philippine News Agency in Filipino.
He said transitioning to PUVs that emit less carbon was a commitment the Philippine government made as part of the Asia Pacific Economic Cooperation (APEC) group of countries.
Over 30,000 PUJs will be deemed illegal and treated as colorum units starting Feb. 1.
Marquez said Piston’s argument suggesting that upgrading their jeepneys will cause operators to go bankrupt is baseless, pointing out that a handful of PUJ operators are already using modernized jeepneys and are thriving.
In fact, the operation of more efficient vehicles has resulted in fuel and maintenance savings to its owners, he said.
“If they think they will lose money, they need to study the fact further. Modernization is the way to remain relevant. You cannot operate obsolete units forever,” the transport leader added. (Benjamin Pulta and Miguel Gil)
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