SC directs DOTr, LTFRB to comment on PISTON petition
THE Supreme Court (SC)has issued an order requiring the Department of Transportation (DOTr) and the Land Transportation Franchising and Regulatory Board (LTFRB) to comment on the Petition for Certiorari and Prohibition with Urgent Application for a Temporary Restraining Order [TRO] and/or Writ of Preliminary Injunction filed against them by public utility jeepney operators and transport groups, led by PISTON, within a non-extendible period of 10 days from notice.
The respondents DOTr and LTFRB were ordered to personally file with the court and personally serve on the petitioners their respective comments.
The court also directed the Process Serving Unit of the Office of the Clerk of Court En Banc to personally serve the Court’s Order on the parties.
Petitioners Modesto T. Floranda (PISTON Chairperson), Edwin P. Mabazza, Jason M. Fajilagutan, Gaylord F. Despuez (Bayan Muna Party-List Coordinator), Edrich John B. Samonte (Para-Advocates for Inclusive Transport member), Elmer P. Forro (No to PUV Phaseout Coalition member), and Ma. Flora-May M. Cerna (Komyut Spokesperson) filed the petition dated December 19, 2023 seeking to enjoin the enforcement and declare the nullity of the following DOTr and LTFRB issuances:
1. DOTr Department Order No. 2017-011 (Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services and Franchise Issuance);
2. LTFRB Memorandum Circular (MC) 2018-008 (Consolidation of Franchise Holders in Compliance with Department Order No. 2017-011, otherwise known as the Omnibus Franchising Guidelines [OFG]);
3. LTFRB MC 2019-066 (Simplified Process for Applications for Consolidation of Individual and Existing Franchise Holders in Compliance with the PUVMP and the OFG);
4. LTFRB MC 2020-084 (Extension of Time to File Application for Consolidation Pursuant to Industry Consolidation of PUVMP);
5. LTFRB MC 2021-021 (Guidelines for the Issuance of Provisional Authority to Units of Individual Operators with Pending Application for Consolidation and Those That Failed to File an Application for Consolidation Pursuant to the OFG and the Procedure in the Qualification and Selection of Applicants);
6. LTFRB MC 2023-047 (Guidelines for the Acceptance of Application for Consolidation); and
7. LTFRB MC 2023-051 (Allowing Operations of Consolidated Transport Services Entities in All Routes with Filed Applications for Consolidation On or Before December 31, 2023).
