Transport group leaders file complaint vs. Uber

Several transport group leaders on Wednesday filed a complaint against Transport Network Company (TNC) Uber Systems, Inc. before the Quezon City Fiscal's office for allegedly allowing "colorum" vehicles to operate and violating other orders of the Land Transportation and Franchising Regulatory Board (LTFRB).

The complaint was filed by Kilusan sa Pagbabago ng Industriya ng Transportasyon (KAPIT) chairman Vigor Mendoza II, Alliance of Transport Operators and Drivers Association of the Philippines (ALTODAP) president Melencio "Boy" Vargas, Federation of Jeepney Operators and Drivers Association of the Philippines (FEJODAP) president Zenaida Maranan, Alliance of Concerned Transport Operators (ACTO) president Efren De Luna, Pasang Masda president Roberto Martin, Land Transportation Organization of the Philippines (LTOP) president Orlando Marquez, and Drivers Unite for Mass Progress, Equality and Reality (DUMPER) president Fermin Octubre at the Quezon City Prosecutor's Office around 11 a.m.

In a 6-page complaint shown to GMA News Online, the complainants alleged that Uber has violated Commonwealth Act No. 146 or the "The Public Service Law."

The complainants said that Uber accredited at least 74,687 vehicles, with only 21,353 duly authorized by the LTFRB to operate. It added that 53,334 vehicles are operating illegally or as colorum, meaning without Provisional Authority (PA) or Certificate of Public Convenience (CPC).

In an interview with GMA News Online, Mendoza said that another ground stated in their complaint is the "repeated breach and violation" of Uber on the orders of the LTFRB.

"Una to stop recruiting applicants for TNVS [Transport Network Vehicle Service]... Second, stop operating, 'di ba may suspension order na? Tumigil ka ng mag-operate but they continued to operate and that's again another violation," he said.

The LTFRB earlier imposed a one-month suspension on Uber, ordering it to "cease and desist its operation of the online booking application" after it continued to accept and activate additional applications of TNVS drivers.

Uber temporarily went back online after filing its motion for reconsideration. The motion, however, was denied by the board.

The complainants also said that Uber continued to operate despite the suspension order.

"An example of which is Mr. Kenneth Lugtu who availed the services of UBER on August 15, 2017. Mr. Lugtu entered his pick up location which at that time was Tycoon Center, Pearl Drive Ortigas Center and his place of destination which was Gateway Mall, Quezon City, Mr. Lugtu then was picked up by the vehicle of UBER with Plate Number NS 9276 driven by Respondent Joseph Raville," the complaint read.

"After a few hours Mr. Lugtu again availed the services of UBER. His pick up location then was Cable Car Resto Bar located at Tomas Morato cor Scout Rallos, Quezon City and place of destination which was Tycoon Center, Pearl  Drive, Ortigas Center Pasig City. Mr. Lugtu was picked up by Uber vehicle with plate number NP 6302 driven by Jenell Flores," it added.

The group leaders named the following Uber officers and members of the Board of Directors as respondent to the complaint: Rob Van Der Woude, Jacqueline Laurel, Ma. Elena Hernandez-Cueva, Manuel Cosico, Charlotte Ferraren Aguba-Goco, and Karen Sammis Walker.

Uber drivers Raville and Flores were also named as respondents.

Meanwhile, Mendoza said that they are not after the suspension or cancellation of Uber's accreditation.

"We're not after the cancellation or suspension of Uber, we want Uber to operate but operate properly within the bounds of the law. Kasi maganda naman yung kanyang serbisyo pero sana kung tama at tsaka sana sabi kasi ng ating konstitusyon, kung nasa transport service ka, kailangan Philippine corporation ka," he said.

"So the foreigners will have to let go of some shares, papasukin nila yung Pillipino doon sa Uber. Siguro maganda, yung ibang driver nila, yung ibang operator nila, maging stockholder ng Uber para makapagcomply sila doon sa 60-40 requirement ng ating konstitusyon," he added.

Mendoza said that two of the seven named respondents are foreigners.

"Although the penalties are very minimal but it's not the penalty, once ma-convict ang mga opisyales ng Uber who consented willfully to operating colorum vehicles and consented willfully in disobeying the orders of the LTFRB, that officer once convicted can be deported," Mendoza said.

"We have to put a stop to this continuous violation of the law, otherwise it will run chaos on the ground. Lahat magkakanya-kanya na lang 'yan and as transport leaders, we cannot afford that happening," he added.

In a text message to GMA News Online, Uber Philippines communications head Cat Avelino said that they have yet to receive a copy of the complaint.

"We're unable to comment at this time as we haven't received a copy of the complaint," Avelino said. — BM/KVD, GMA News