Court Denies TRO on PUV Modernization

Wazzup Pilipinas!

The PUV Modernization Program is still a go.

This, after Quezon City RTC Branch 80 denied yesterday, 14 August 2017, the application for Temporary Restraining Order (TRO) filed by Angat Tsuper Samahan ng mga Tsuper at Operator ng Pilipinas - Genuine Organization Inc. (Stop & Go) against the implementation of Department Order No. ‎2017-011, otherwise known as the Omnibus Franchising Guidelines (OFG), issued by the Department of Transportation (DOTr) last 19 June 2017.

In a statement, Atty. Reinier Paul Yebra, DOTr Undersecretary for Legal Affairs and Procurement, emphasized that the granting of a Certificate of Public Convenience (CPC) to PUV operators is not a right, but a mere privilege, subject to police power of the state through the DOTr and the Land Transportation Franchising and Regulatory Board (LTFRB).

Usec. Yebra likewise argued that there is no urgency and irreparable injury that will justify issuance of the TRO as the target roll-out and full implementation of the PUV Modernization Program (PUVMP) is still in 2018, and that LTFRB has not yet issued the necessary Memorandum Circulars as basis of specific implementation schedules.

As a major component of the PUVMP, the OFG introduces reforms in granting of franchises by implementing new rules in planning routes and improving standards for operators and vehicles. Under the Guidelines, local government units (LGUs) will plan public transport routes based on the current travel patterns in their areas. These routes will be reflected in the Local Public Transport Route Plan (LPTRP) of LGUs which will serve as basis for the issuance of franchise by the LTFRB.

The release of the OFG has paved the way for the lifting of the moratorium on the acceptance of new applications for the issuance of CPCs, which was in force since 2003. This forms part of the PUVMP that seeks to provide safer, more comfortable and environmentally sustainable mode of public transport to commuters by upgrading vehicles to meet international safety, energy efficiency and emission standards.

Other proposed specifications of vehicles under the PUVMP include an Automatic Fare Collection System (AFCS), closed-circuit television (CCTV) cameras, a GPS navigation system, dashboard cameras, Wi-Fi, and speed limiters.