The government has asked the Supreme Court to dismiss a petition by some jeepney drivers and operators against the Public Utility Vehicle Modernization Program (PUVMP).
Meanwhile, hundreds of protesters joined a convoy of more than 150 jeepneys as it drove through Manila in opposition to the phase-out plan.
Members of the transport groups PISTON and Manibela staged their protest Tuesday, but Manila police shut down a portion of the Welcome Rotonda to prevent them from entering the area.
The police blockade caused traffic to build along España Boulevard going to Quezon City.
Protests were also held in other cities such as Cebu.
In a comment on the petition, the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) said the petitions filed by PISTON and other transport groups should be dismissed outright on procedural grounds.
The petitioners are asking the Court to declare null and void several DOTr and LTFRB memos and orders and issue a temporary restraining order to prevent the two government agencies from enforcing them.
These include 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 jeepney operators and drivers to organize themselves under a cooperative or corporation.
The PUVMP, which started in 2017, intends to replace jeepneys with vehicles that have at least a Euro 4-compliant engine to reduce pollution and replace PUVs that are not roadworthy by the standards of the Land Transportation Office.
Under the program, jeepney drivers and operators are required to join or form cooperatives. They may also apply for new franchises but as part of transport cooperatives.
While the government set the deadline for the consolidation on Dec. 31, 2023, individual operators in routes without a consolidated transport service entity (TSE) were allowed to operate until Jan. 31.
The Office of the Solicitor General, arguing for the DOTr and the LTFRB, said the petition was not in accordance with the hierarchy of courts and failed to satisfy the requisites for judicial review.
“Here, aside from the petitioners’ bare allegations… there are no actual facts that would show grave abuse of discretion on the part of the respondents,” the government said.
It also argued that the memos and orders did not violate due process, equal protection, the right against unreasonable seizures and the right to freedom of association.
“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,” the comment stated.
“Here, D.O. No. 2017-011 and the LTFRB issuances were issued on the premise of adequacy, safety, reliability, efficiency, and environment-friendly PUVs, as well as public order in land transportation,” they added.
The two government agencies also asserted that the issuances do not violate the petitioners’ right to gainful employment and livelihood, saying these only “regulate said rights by providing reasonable requirements” for the comfort and safety of commuters.
Caloy Orain, 65, said the money he earned from driving a jeepney for 41 years had paid for his children’s education and it was now putting his grandchildren through school.
“This jeepney is not just my livelihood, this is my life,” he said.
Emilio Millares, 59, who has been driving a jeepney for four decades, joined Tuesday’s protest.
“We are not against modernization, what we are against is the system. They made a program without consulting us,” he said.
“We will continue to fight for these jeepneys and our livelihoods until our last breath.”
As early as 8:30 a.m., the protesters gathered at UP Diliman. The protest caravan passed Commonwealth Avenue, Philcoa, and Quezon Avenue, and set to stop at the Welcome Rotonda at 11 a.m. From there, they would joint protesters marching to Mendiola in Manila.
Manibela urged the President to reinstate the revoked franchises of drivers and operators who were unable to join or form cooperatives or corporations.
Those who failed to apply for consolidation by Dec. 31 would no longer be allowed to operate starting Jan. 1, 2024, especially in routes where 60 percent of PUVs had applications to consolidate.
Authorities said that half of the jeepneys in Metro Manila could be considered “colorum” or illegal starting Feb. 1.
PISTON is still awaiting the decision of the Supreme Court regarding its petition for a TRO to stop the PUVMP.
The Metropolitan Manila Development Authority (MMDA) said Tuesday’s protest did not disrupt normal public transportation in the National Capital Region.
Also on Tuesday, Office of Transportation Cooperatives chairman Andy Ortega said old jeepney units could be used as private vehicles as long as they are roadworthy.
On the other hand, those units that are already unusable can be brought to a scrap facility “and there will be a certain amount to be paid” to the owners, he said in an interview with ANC.
Senator Francis Tolentino, on the other hand, said he is not in favor of phasing out the traditional jeepney, which he said, “played a pivotal role in shaping the Filipino identity.”
“We can modernize our transportation without forgetting our history,” he added. — With AFP