Did the Supreme Court allow government to push through with the enforcement of the public transport modernization plan starting December 31?

This question surfaced Thursday after the SC ordered the Department of Transportation and the Land Transportation Franchising and Regulatory Board to answer within ten days a petition from transport group PISTON for a halt in the implementation of the modernization program.

The High Court did not issue a temporary restraining to stop government from pursuing its December 31 plan.

However, a LTFRB memorandum circular issued on December 22 practically recalled the December 31 deadline by allowing unconsolidated individual operators of public utility vehicles to continue plying their routes until January 31, 2024.

SC magistrates did not stop government from implementing the modernization plan starting January 1 as it gave DOTr and LTFRB ten days to answer PISTON’s court petition.

The ten-day period, if exhausted by the DOTr and LTFRB, will, in effect, allow government to start enforcing the phase out of public utility jeepneys not operated by cooperatives or corporations.

“Considering the allegations contained, the issues raised, and the arguments adduced in the Petition, but without necessarily giving due course thereto, respondents Department of Transportation and Land Transportation Franchising and Regulatory Board should comment on the petition and on the urgent application for TRO (temporary restraining order) and/or write of preliminary injunction within a non-extendible period of ten days from notice thereof,” the SC order stated.

However, notwithstanding the SC order, unconsolidated jeepneys, UV Express and Fiscab units will be allowed by LTFRB to continue plying their routes beyond the December 31 deadline.

This was revealed by LTFRB Chairperson Teofilo Guadiz Jr.following the release on December 22 of Memorandum Circular No. 2023-052. Guadiz and other board members approved the MC.

“In order not to hamper the operation of public transportation routes without consolidated (transportation service entity), the individual operations in said routes shall be allowed to operate until 31 January 2024,” the MC said.

PISTON and other jeepney and commuter organizations ran to the SC to seek a halt in the implementation of the public transport modernization program that would trigger the phaseout of thousands of jeepneys that failed to join or form transport cooperatives.

Leading the petitioners were Piston chairperson Modesto Floranda, Bayan Muna coordinator Gaylord Despuez, Edwin Mabazza and Jayson Fajilagutan.