SC junks petition vs PUVMP

MANILA, Philippines — The Supreme Court (SC) has dismissed a petition challenging the constitutionality of the public utility vehicle modernization program (PUVMP) due to the petitioners’ lack of legal standing and for violating the hierarchy of courts.

In a 20-page ruling penned by Associate Justice Maria Filomena Singh, the entire SC dismissed the petition filed by Bayyo Association Inc. and its president Anselmo Perweg.

The group questioned the constitutionality of paragraph 5.2 of the Department of Transportation (DOTr) Order 2017-11, which requires the use of brand-new and environmentally friendly units under the PUVMP.

The group argued the provision entails the phaseout and replacement of old PUVs. While it allows the refurbishment of PUVs, this does not apply to jeepneys, Bayyo said.

The group said the policy is discriminatory for making a distinction between jeepneys and other PUVs.

In dismissing the petition, the SC said it could not exercise its power of judicial review as Bayyo failed to prove it is a legitimate association of jeepney operators and drivers.

The petition cannot also be a taxpayer’s suit as the assailed provision of the DOTr order does not involve the disbursement of public funds, the court added.

Petitioners also violated the doctrine of hierarchy of courts when it filed its petition as the group should have first brought the case before a lower court, the SC explained.

The decision was promulgated on July 11, 2023 but made public only on March 4