DOTr to SC: Dismiss petitions vs PUV modernization

MANILA, Philippines — The Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) have asked the Supreme Court (SC) to dismiss for lack of merit a petition seeking to stop the implementation and ultimately void government orders related to the public utility vehicle modernization program (PUVMP).

The plea was enclosed in the agencies’ comment filed on Jan. 5 on the petition for certiorari and application for a temporary restraining order filed by Pagkakaisa ng mga Samahan ng Tsuper at Operator Nationwide (Piston) and other transport groups against the PUVMP.

In the 65-page comment, the DOTr and LTFRB, represented by the Office of the Solicitor General (OSG), said Piston’s petition should be dismissed outright on procedural grounds and for lack of merit.

The petitioners asked the SC to nullify the order formalizing the modernization plan and circulars for the consolidation.

These refer to DOTr Department Order No. 2017-11, which serves as the framework for the PUVMP, and the LTFRB Memorandum Circular 2023-051, which set the deadline for the consolidation.

In their comment, the DOTr and LTFRB said the petition was not in accordance with the hierarchy of courts and failed to satisfy the requisites for judicial review.

They argued that they have delegated legislative authority to issue the assailed issuances, citing Executive Orders 125 and 202, the Administrative Code, and Republic Act 11659.

The agencies also denied claims of the petitioners that the said issuances violate due process, equal protection, the right against unreasonable seizures and the right to freedom of association.

“As applied to government actions, the due process clause is not contravened when the government action is reasonably necessary to promote public interest,” they said.

They added that the right to freedom of association “may validly be restricted by the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others.”

“Here, DO No. 2017-011 and LTFRB issuances were issued on the premise of adequacy, safety, reliability, efficiency and