THE Department of Transportation (DOTr) and the Land Transportation and Franchising Board (LTFRB), represented by the Office of the Solicitor General (OSG), have urged the Supreme Court (SC) to reject the petition filed by the Pagkakaisa ng mga Samahan ng mga Tsuper at Opereytor Nationwide (PISTON), that challenged the legality of the government’s Public Utility Vehicle Modernization Program (PUVMP).
In a 65-page comment, the DOTr and LTFRB argued that the petition should be dismissed outright based on procedural grounds.
They stressed that the petitioners led by PISTON failed to adhere to the hierarchy of courts by not initially filing the petition with lower courts, stressing that the SC should be the “last court of resort.”
“The doctrine of the hierarchy of courts is a practical judicial policy designed to restrain parties from directly resorting to this Honorable Court when relief may be obtained from lower courts,” said the DOTr and LTFRB.
Furthermore, they bared that the petition lacks the necessary requisites for judicial review, including the absence of an actual case or controversy, failure to demonstrate standing to sue, and the delay in raising constitutional questions.
They argued that the issues raised by PISTON do not meet the criteria for a valid constitutional challenge.
Also, the DOTr and LTFRB asserted that, even if the petition is entertained, it should be dismissed for lack of merit, arguing that legislative authority was appropriately delegated for the promulgation of the challenged Department Order (DO) No. 2017-011 and relevant LTFRB issuances, as posted on abogado.ph.
Additionally, they contend that these orders do not violate constitutional principles such as due process, equality protection, freedom of association, and the right to gainful employment.
The DOTr and LTFRB affirmed that the measures in question represent a valid exercise of police power, crucial for addressing the current disintegration and inefficiency in the country’s public transportation system.
PISTON filed the petition with the SC seeking a preliminary injunction against the modernization, aiming to nullify seven administrative issuances from the DOTr and LTFRB, asserting their unconstitutionality.
The mandatory franchise consolidation seeks to replace individual franchises with a single cooperative or corporation per route, eliminating the operation of traditional jeepneys and unconsolidated utility van express (UVE) vehicles.
The petition challenges various DOTr and LTFRB issuances, including DOTr Department Order No. 2017-011, the catalyst for the modernization program, and LTFRB MC 2023-051, setting a December 31, 2023, deadline for consolidation and franchise cancellations.
Petitioners argue that these directives violate constitutional rights to freedom of association and the voluntary nature of cooperatives under Republic Act No. 9250.
They contend that the orders are excessively broad, compelling drivers and operators to join organizations or cooperatives.
Additionally, the petitioners assert that the directives are oppressive, overreaching, and confiscatory, negatively impacting the livelihoods of drivers, operators, and commuters.
Alleged violations include breaches of due process, equal protection, and protection against unreasonable seizures of property and livelihood.
