ANTI-PUV MODERNIZATION RALLY | Members of transport group Manibela hold a rally in front of the Office of the Ombudsman where they filed on Wednesday, Feb. 7, 2024, criminal charges against Transportation Secretary Jaime Bautista, Solicitor General Menardo Guevarra and four other transport officials over the government’s modernization program for passenger vehicles. (Photo by NIÑO JESUS ORBETA / Philippine Daily Inquirer)
MANILA, Philippines — Transport group Manibela filed in the Office of the Ombudsman on Wednesday a criminal complaint against Transportation Secretary Jaime Bautista, Solicitor General Menardo Guevarra, and four other transport officials over the imminent revocation, “without due process,” of its members’ franchises for failing to meet the consolidation deadline set by the government.
Bautista, Guevarra, and Land Transportation Franchising and Regulatory Board (LTFRB) Chair Teofilo Guadiz III were accused of graft, grave coercion, grave threats, and violation of the Code of Conduct and Ethical Standards for Public Officials and Employees.
Also named in the group’s complaint were LTFRB board members Mercy Jane Paras-Leynes and Riza Marie Paches, as well as executive director Robert Peig.
Manibela, led by its president Mar Valbuena, cited the LTRFB’s Dec. 14 memorandum circular that ordered public utility vehicle (PUV) drivers and operators to consolidate their franchises into cooperatives or corporations as one of the initial requirements under the government’s PUV modernization program (PUVMP).
Under the memo signed by Guadiz, those unable to comply before Dec. 31 last year would not only be barred from plying their routes, but would also be slapped with show-cause orders. A monthlong reprieve was later given, after which the government said unconsolidated PUVs would be considered “colorum” or illegal and subject to impounding.
No consultation
Manibela argued in its complaint that both the Department of Transportation (DOTr) and the LTFRB failed to hold a dialogue with PUV drivers and operators, who would be hardest hit by the new policy.
By issuing the circular, the respondents “did not observe due process and equal protection” among members of the affected sector, the group claimed.
The transportation officials also “betrayed the people by protecting the business interests” of those responsible for the shift to Euro-4-powered vehicles under the PUVMP, it added.
“All these violations constitute grave and serious misconduct committed by the respondents, and they should be dismissed from public office and be barred from ever holding public office,” the group said.
Manibela and another transport group, Piston, have staged mass actions to protest against the PUVMP, citing the high cost of the modern PUVs—around P2.5 million per unit—and the possible displacement of thousands of drivers and operators who could not comply.
Deadline extended
Both groups have also asked the Supreme Court to stop the DOTr from implementing the program which they said would cause “grave and irreparable injury” to the transport sector.
READ: Manibela files complaints vs gov’t agencies over PUV modernization
Last month, President Marcos extended the consolidation deadline to April 30 this year to accommodate those who wish to apply.
Under the modernization program, only PUVs that had formed cooperatives or corporations may avail themselves of government assistance in the form of loans and subsidies to be able to modernize and maintain their new and modern fleets.
Some lawmakers conducting an inquiry into the PUVMP, however, said that forcing public transport drivers and operators to consolidate their franchises was unconstitutional.