House reps say consolidation under PUVMP unconstitutional

In this 2017 photo, traditional jeepneys travel along Aurora Boulevard in Cubao, Quezon City. (File photo by RICHARD A. REYES / Philippine Daily Inquirer)

MANILA, Philippines — House lawmakers on Wednesday urged the Department of Transportation (DOTr) to reconsider the “unconstitutional” requirement of franchise consolidation under the government’s public utility vehicle modernization program (PUVMP) as they also warned implementing agencies against abusing their powers to coerce PUV drivers and operators into compliance.

During a hearing conducted by the House Committee on Transportation, Antipolo Rep. Romeo Acop cautioned the DOTr and Land Transportation Franchising and Regulatory Board (LTFRB) against violating the rights of jeepney drivers and operators to due process and to freely associate.

“You are using the police power of the state to coerce these individual franchise holders to join cooperatives,” Acop, the committee chair, told LTFRB officer in charge Mercy Leynes. “In coming up with this program and giving them deadlines to consolidate, are you not violating their right?”

“I believe that your forcing them to join an organization is a violation,” he added, as he encouraged jeepney drivers and operators to challenge this before the courts.

The hearing is part of the House’s motu proprio investigation into issues surrounding the PUVMP, which seeks to phase out traditional jeepneys in favor of Euro-4-powered vehicles. The first phase requires the consolidation of franchises into cooperatives and corporations supposedly to help streamline PUV routes as well as to allow drivers and operators to avail themselves of government subsidies and loans to purchase modern jeepneys.

Initially set for Dec. 31, the consolidation deadline was reset by President Marcos to April 31, although he said there would be no more extensions after that. Drivers’ complaints

During the hearing, transport groups Piston and Manibela told lawmakers that several of their members were not only blocked from registering their vehicles despite the three-month extension, but also had their vehicles impounded by the Land Transportation Office.

In addition, jeepney drivers like Lito Andal who joined the nationwide strikes against the PUVMP last year were suddenly slapped with show-cause orders supposedly for “failing [to do] their duty” to serve the people by not plying their routes, a requirement under their respective franchises.

ACT Teachers party list Rep. France Castro also brought up cases in which some jeepney drivers who complied with the consolidation requirement were not allowed to take out loans to buy new units as they did not meet the banks’ three-year minimum requirement for consolidation.

In light of these, 1-Rider party list Rep. Bonifacio Bosita accused the agencies of abusing their police power to coerce drivers and operators to consolidate.

Leynes, however, had argued that owning a franchise was “a privilege,” which the state had the right to give and take away.Acop urged the government agencies to “listen with the intent to study and understand.”

“This would allow for solutions that are more aligned with the objectives of the government and the interests of the stakeholders,” he said.