Transport groups led by PISTON on Monday urged the Supreme Court (SC) to issue a temporary restraining order (TRO) against the government’s April 30 deadline for the full implementation of the Public Utility Vehicle Modernization Program.
In its supplemental petition with an urgent reiterative motion for the issuance of a TRO and/or a writ of preliminary injunction, the petitioners cited the amendment in Department Order (DO) No. 2017-011 issued by the Department of Transportation on June 19, 2017, which is also known as the blueprint of the PUV modernization program.
The petitioners noted that in its original petition with prayer for a TRO, they called for the nullification of seven issuances including DO No. 2017-011.
However, on Dec. 29, 2023, or nine days after they filed the said petition, DOTr promulgated DO No. 2023-022, providing the guidelines on the implementations of PUVMP, superseding DO No. 2017-011.
The petitioners noted that DO No. 2023-022 inserted specific additional requirements on consolidation and management operations that were previously not included in the assailed DO No. 2017-011.
Essentially, the petitioners pointed out that the new DO No. 2023-022 includes the assailed forced consolidation in its technical requirements and directs the Land Transportation Franchising and Regulatory Board (LTFRB) to “adopt a policy on the consolidation of certificates of public convenience (CPCs) and substitution of units”, which is not found in DO 2017-011.
“The Omnibus Franchising Guidelines issued on June 19, 2017 is the primary document that was issued by respondent Department of Transportation (DOTr) where the other issuances by respondent LTFRB derive authority from,” the supplemental petition stated.
“The surreptitious promulgation of DO 2023-022 after DO 2017-011 had been assailed in court is suspect, or odd at best. Petitioners note that DO 2023-022 contains substantial changes from its previous version,” it said.
The petitioners pointed out that originally the consolidation of franchises was not a priority in the Omnibus Franchising Guidelines.