SC asked to junk PISTON-led petition vs PUVMP

MANILA, Philippines — The Department of Transportation (DOTr) and its attached agency, Land Transportation Franchising and Regulatory Board (LTFRB), asked the Supreme Court (SC) to dismiss the petition of the PISTON-led transport groups assailing the implementation of the Public Utility Vehicle Modernization Program (PUVMP).

In a comment on the December 19 petition of the transport groups submitted to the high court on January 5, the DOTr said that the petitions should be dismissed due to the lack of merit. They cited that the assailed department order and memorandum circulars do not violate due process, equal protection and the right against unreasonable seizures. 

"Wherefore, premises considered, it is respectfully prayed that the petition for certiorari and prohibition with urgent application for a temporary restraining order and/or preliminary injunction dated 19 December 2023 be denied for lack of merit," the transport regulators' comment read.

An order to comment is part of the SC's procedures in handling cases or petitions.

The comment was also submitted through the Office of the Solicitor General.

PISTON-led transport groups first filed a petition before the SC on December 20, which assailed the constitutionality of the PUVMP as it violated certain constitutional rights. The transport groups also asked for a temporary restraining order on the PUV consolidation deadline. 

The high court, however, did not issue a TRO to halt the implementation of the PUV consolidation and the PUVMP, which prompted the transport groups to file another petition on December 28.

The DOTr and the LTFRB argued that they have the legislative mandate to issue the following circulars concerning the PUVMP as the agencies' mandate involves regulation of the country's public transportation.

"Specific to petitioners' claim on the alleged lack of authority of respondents to issue D.O. No. 2017-011 and LTFRB Issuances, E.O. No. 125, Ε.Ο. No. 202, the Administrative Code, and R.A. No. 11659, which all modified CA No. 146, clearly grant respondents the authority and power to establish and prescribe the corresponding rules and regulations to enforce laws governing public transportation,"