The Supreme Court on Wednesday decided to take back a decision it issued a day earlier stopping the implementation of the "fixed salary scheme" for bus drivers and conductors.

In a special en banc session called by Acting Chief Justice Antonio Carpio, the high court in a unanimous decision deferred a status quo ante (SQA) order against the scheme implemented last July 1 by the Land Transportation Franchising and Regulatory Board (LTFRB) and the Department of Labor and Employment (DOLE).

"Upon further discussion by the court en banc in a special session on July 11, the court further resolved to defer the issuance of the SQA order and required the respondents to comment also within 10 days from notice hereof on the prayer for temporary restraining order," said SC spokesperson Ma. Victoria Gleoresty Guerra.

Under the fixed salary scheme, drivers and conductors will be given a fixed monthly salary not lower than the minimum wage, on top of benefits.

Asked about possible reason for the SC move, Guerra said she would rather not "speculate" on the matter.

The high court admitted it did not give "due course" to the respondents – LTFRB and DOLE - when it issued the SQA order.

All justices voted for the deferment of the status quo ante order, except for Associate Justices Lucas Bersamin and Roberto Abad who are both on official leave.

Asked if the latest resolution could be considered a "flip flopping" by the SC, Guerra refused to answer saying it was a "loaded question."

Guerra said it was not the first time that the high court had recalled a status quo ante order.

In their 22-page petition, the bus operators said Department Order No. 118-12 Series of January 2012, and LTFRB Memorandum Circular should be declared "unconstitutional, null and void, and should be recalled."
 
The petitioners were the Provincial Bus Operators Association of the Philippines (PBOAP), Southern Luzon Bus Operators Association (SOLUBOA), Inter-City Bus Operators Association (InterBOA), City of San Jose del Monte Bus Operators Association (CSJDMBOA).

In a memorandum circular released early this year, the LTFRB said the “risk-taking behavior” of bus drivers can be attributed to their “lack of income security under a purely commission-based compensation scheme.”
 
Bus drivers got paid depending on the number of passengers that ride their vehicles, or the number of trips they manage to complete on their routes.
 
To try to address this problem, Labor chief Rosalinda Baldoz issued Department Order 118-12, seeking to institutionalize fixed salary rates for bus drivers and conductors.
 
But in their petition, the operators said the new scheme will "force [them] to abandon their existing employment arrangements with their respective drivers and conductors... or such other time-honored arrangements that had long existed since time in memoriam."
 
Under current collective bargaining agreements, drivers and conductors receive salary on a "payment by results" or "commission basis." — LBG, GMA News