The Quezon City Regional Trial Court 217 has stopped for 20 days the accepting, processing and approval of permits to operate Uber and GrabCar operations under Transportation Network Vehicle Service (TNVS) without a certificate of public convenience (CPC).
In a nine-page order, QCRTC Judge Santiago Arenas issued the 20-day restraining order against the implementation of Department of Transportation and Communication (DOTC) Department Order No. 2015-11, Land Transportation Franchising and Regulatory Board (LTFRB) Memorandum Circulars Memorandum Circulars 2015-15, 16, 17 and 18 and other issuances related to TNVS.
The said issuances pertain to accreditation, conditions and implementing guidelines to operate TNVS.
DOTC, under DO 2015-11, was amended to promote mobility and encourage innovations in public transport.
The restraining order was granted in favor of Angat Tsuper Samahan ng mga Tsuper at Operator ng Pilipinas Genuine Organizatio TransportCoalition (Stop & Go).
In their petition, they assailed TNVS for being able to operate even without a CPC unlike other modes of transport like taxi.
CPC is an authorization issued for the operation of public services for which no franchise, either municipal or legislative, is required by law, such as a common carrier.
Petitioner said what the car owners have to do is simply secure a membership from Transportation Network Companies (TNC), equip themselves with the necessary technology and can already operate once given a provisional authority.
The petitioners blamed such an easy procedure for the increase in car sales, heavy traffic and decline in income of taxi operators and drivers.
“This resulted in the increase in sales of cars and other motor vehicles… This could be one of the reasons of the present heavy traffic in the metropolis,” petitioner said.
They also added that TNC and TNVS could be the reason for LTFRB’s continued denial of their application for CPCs.
The court said initial findings showed that Stop & Go met the requisites for a temporary restraining order including establishing a material invasion of their rights to operate public utility vehicles and grave and irreparable injury and damage specifically to their income “due to sudden uncontrolled increase in TNVS utility running the streets of Metro Manila.”
With the restraining order, the court stopped DOTC and LTFRB from accepting, processing and approving applications from TNVS.
The court set a hearing on Dec. 8 to determine if the restraining order will be made permanent or not. RAM
Below are the photos of the nine-page order:
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