Group asks SC to stop higher fines on colorum PUVs

A public transport group on Tuesday asked the Supreme Court to stop the government from imposing stiffer fines on operators of "colorum" vehicles, or public utility vehicles plying the routes without a franchise from government.

 

In a 17-page petition for certiorari, the "Angat Tsuper Samahan ng mga Tsuper at Operator ng Pilipinas-Genuine Organization" or "Angat Tsuper/Stop & Go" asked the high tribunal to issue a temporary restraining order (TRO) on Joint Administrative Order No. 2014-01 or the "Revised Schedule of Fines and Penalties for Violations of Laws, Rules and Regulations Governing Land. Transportation."

 

Under the new policy, franchise-less public utility jeeps now stand to pay a fine of P50,000.  Offenders using motorcycles stand to pay a P6,000; sedans, P120,000; vans, P200,000; trucks, P200,000; and buses, up to P1 million.

 

The petitioners alleged that the new policy "was clearly focused on public utility buses."

 

The petitioners said the fines imposed under the new policy were a "thousand percent" increase from the penalties set under Republic Act 4136 or the Land Transportation and Traffic Code of 1964.

 

"Lucidly, the increase was excessive, unreasonable and oppressive, and is offensive to the due process clause of the Constitution," the petition read.

 

"The JAO is already a restraint of trade. As the lowly driver said, 'Hindi na tayo makakapagtrabaho niyan. Katumbas ng walang trabaho iyan. Sila na lang ang ipinaghahanap buhay natin, pano na ang pamilya'," it added.

 

The order was issued by the Department of Transportation and Communication, the Land Transportation Office, and the Land Transportation Franchising and Regulatory Board. It is set to take effect on June 19, or 15 days after it was published in the newspapers.

 

The operator's certificate of public convenience and registration will also be revoked. Their vehicles will also be impounded for three months.

 

PUVs with a franchise but transport passengers outside their assigned routes are also considered colorum vehicles.

 

The government said increasing fines and penalties is expected to serve as a deterrent to prevent vehicular accidents. 

 

Named respondents in the petition were DOTC Secretary Joseph Emilio Abaya, LTO Assistant Secretary Alfonso Tan Jr, and LTFRB chairman Winston Ginez.

 

The petitioners said the respondents exercised grave abuse of discretion amounting to lack or in excess of jurisdiction in enacting and issuing a "vague" joint order. They said the order was vague because it does not indicate, who will be paying the penalty; whether owner/operator or the driver.

 

It said the order also does not indicate how and when does a complete, correct and updated operator's information shall be provided to the LTFRB.