The Court of Appeals building in Ermita, Manila. CONTRIBUTED PHOTO/COURT OF APPEALS WEBSITE
MANILA, Philippines—Transport groups asked the Court of Appeals to stop the government from implementing the mandatory phase out of 13-year-old utility vehicle (UV) express units.
In its 20-page petition, 10 transport groups led by the Angat Tsuper Samahan ng mga Tsuper at Operator ng Pilipinas-Genuine Organization (ANGAT TSUPER/STOP & GO) through its president, Pascual Magno Jr., said the memorandum circular issued by the Land Transportation Franchising and Regulatory Board (LTFRB) violated their right to speedy disposition of cases.
LTFRB Memo Circular No. 2012-0217 and 2012-030 were issued to phase out old UV express vehicles/units which are 13 years old or more and allowing the dropping and substitution of the old vehicles with new vehicles of not more than three years old.
However, petitioners said substitution is allowed only to applicants with valid Certificate of Public Convenience. The petitioners pointed that they have pending application for conversion and CPC pending for five years and yet no action was taken by the LTFRB.
“As much as petitioner wanted to comply with the said LTFRB MC 2012-30 it would be very impossible for the petitioners because as much as they wanted to, their Petitions for Certificate of Public Convenience are still pending with the LTFRB and the decision to that effect is yet to be issued despite the lapse of several years,” the petition stated.
They pointed that their equal protection rights has been violated since the jeepney, which was also covered by LTFRB has no maximum age requirement as long as it passes the roadworthiness test.
“Petitioners submit within the regulatory power of the LTFRB, however, the same regulatory power should not violate the guarantee of equal protection of law enshrined in the Constitution among all persons,” they added.