A group of passenger jeepney drivers and operators asked the Supreme Court (SC) on Monday, June 29, to resolve its petition which sought a stop to the government’s implementation of the Public Utility Vehicle Modernization Program (PUVMP), now Public Transport Modernization Program (PTMP).

The plea was contained in a compliance with manifestation filed by the members of the Pagkakaisa ng mga Samahan ng Tsuper at Opereytor Nationwide (PISTON).

The pleading was filed in compliance with the SC’s directive for PISTON to explain whether the case should be considered moot due to the issuance of Department of Transportation’s (DOTr) Department Order (DO) No. 2023-022 which provides the guidelines for the implementations of PUVMP. The 2023 order superseded earlier DOTr issuances, particularly, DO No. 2017-011 or the “Omnibus Franchising Guidelines.”

DO No. 2023-022 was issued on Dec. 29, 2023 or nine days after the petitioners filed their original petition assailing the constitutionality of DO No. 2017-011.

Among other things, DO 2023-022 provides for the mandatory “formation, particularly of individual operators, into a recognized juridical entity, and the consolidation of CPC [certificate of public convenience] of concerned coordinated fleets of PUVs [public utility vehicles] for systematized operations and improved quality of service.”

PISTON told the SC that “in the present case, the question of the legality of the forced consolidation policy is a continuing substantial issue, yet it appears to evade review because the government periodically refuses to fully implement it.”

It pointed out that the government has relaxed the consolidation requirement at least 10 times, thus, allowing unconsolidated PUVs to continue to ply their routes under certain parameters.

It also said: “The public record shows a pattern: each time operators and drivers raise objections or seek judicial remedies, the DOTr and LTFRB (Land Transportation Franchising and Regulatory Board) respond not by abandoning forced consolidation, but by self-restraint, reopening application periods, altering route rationalization schemes, and adjusting conditions for issuance of franchises and provisional authorities.”

“Where there is a voluntary cessation of the acts complained of by the respondent, it does not automatically deprive the Honorable Court of power to hear and determine the case especially when the petitioners pray for injunctive relief against the recurrence of the violations,” it added.

At the same time, PISTON said that its petition cannot be considered moot since it concerns public interest as it involves public utilities and common carriers with serious public consequences.

It told the SC that based on the association’s records, there were 300,000 jeepney units in operation prior to 2017. However, it said that due to PUVMP, the number has decreased to about 130,000 at present, which corresponds to loss of economic productivity of drivers and operators.

Aside from PISTON, the other petitioners in the case are Bayan Muna Partylist Coordinator Gaylord Despuez, PARA-AHowdvocates for Inclusive Transport member Edrich Samonte, No to PUV Phaseout Coalition of Panay member Elmer Forro, and Kmyut spokesperson Ma. Flora Cerna.

In July 2024, a total of 23 senators signed Senate Resolution 1096 on the temporary suspension of the implementation of PTMP.

However, President Marcos stood firm as he pointed out that the program has been postponed several times.

Under PTMP, operators of passenger vehicles, particularly jeepneys, should consolidate themselves into cooperatives or corporations for them to legally ply their routes.

The program also seeks to replace jeepneys with vehicles that have at least a Euro 4-compliant engine to lessen pollution and as replacements to units that are considered no longer roadworthy.