(UPDATED) - Quezon City police arrested Tuesday afternoon, December 5, the leader of the militant Pinagkaisahang Samahan ng mga Tsuper at Operator Nationwide (Piston) for spearheading transport strikes nationwide to protest the government's public utility vehicles modernization program.
George San Mateo, Piston national president and national council member of labor group Kilusang Mayo Uno (KMU), was arrested as he was about to post bail at the Quezon City Hall of Justice.
Judge Don Ace Alagar of Quezon City Metropolitan Trial Court Branch 43 had issued a warrant of arrest against San Mateo after finding probable cause for violation of Section 20(k) of Commonwealth Act (CA) 146 or Public Service Act.
Presidential Spokesperson Harry Roque said San Mateo's arrest was not an act of "harassment."
He said the Quezon City court that ordered San Mateo's arrest was merely enforcing "rule of law," after the Piston leader "defied" the government's warning not to cause public inconvenience.
"I think he (San Mateo) was warned that as a holder of a franchise, certificate of public convenience, it is criminal and it is illegal for them to participate in any transport strike," Roque told a press conference.
"As I said, it is also pursuant to the warrant of arrest duly issued by the court and therefore, there can be no harassment here. We are just allowing the rule of law to prevail. The warning was made. He defied. Now, he has to face the consequences," he added.
Roque said San Mateo clearly violated the law when the latter led the conduct of transport strikes nationwide, despite the government's warning.
Section 20 (k) of CA 146 states that it is unlawful for any operator engaged in public service business to "adopt, maintain, or apply practices or measures, rules or regulations to which the public shall be subject in its relations with the public service," unless approved by Public Service Commission.
Senator Grace Poe, on the other hand, criticized San Mateo's arrest. It was because of Poe's appeal for a dialogue that Piston called off its planned transport strike on December 4 and 5.
In a Facebook post, Poe said "the timing of the release of the arrest warrant is suspect and casts doubt on the intent of the complainant in filing such charges."
Instead of throwing San Mateo in jail, Poe said he should have been fined or his franchise cancelled, "if holding a strike is tantamount to a violation under any memorandum of the LTFRB (Land Transportation Franchising and Regulatory Board (LTFRB).
Poe said Piston and other transport groups had already agreed to a dialogue.
"With their entire livelihood at stake, the least we can do is hear them out. Moving forward, let us give them and other stakeholders a chance to explain so that we can resolve their issues together," she said.
Piston staged several nationwide transport strikes this year to oppose the government's public utility vehicles modernization program, which provides for the phaseout of old and dilapidated jeepneys in the country.
Roque said San Mateo should "blame" himself because he "inconvenienced the public," despite his mandate to "render a service necessary to the public."
"Although there is freedom of expression and peaceful assembly, it is limited in the case of holders of certificate of public convenience because the law said so and the law meets the penalty. So now that the law is being implemented, they should only blame themselves for it," he said.
"Why do you have a certificate of public convenience? To render a service necessary to the public. That's why you're given the legal authority to conduct in this business. But if you will be a tool to inconvenience the public, then that's a violation of the trust reposed in you by the state," Roque added. (Ruth Abbey Gita/SunStar Philippines)