Tuesday, October 26, 2021

Court issues 20-day TRO vs Uber, Grab operations

(UPDATED) A QUEZON City court has issued a 20-day temporary restraining order against an order of the Department of Transportation and Communications (DOTC), which allows taxi hailing app Uber and Grab to operate.

For a period of 20 days, the DOTC and the Land Transportation Franchising and Regulatory Board (LTFRB) has been ordered to stop the implementation of Department Order No. 2015-011 that allow the operations of transport network vehicle service (TNVS).

Stop & Go Coalition, a group of public utility vehicles (PUV) operators and drivers, said they have suffered low income "due to the sudden and uncontrolled increase in the number of TNVS utility vehicles running in the streets of Metro Manila."

The court order restrains the DOTC and LTFRB from continuing the implementation and enforcement of DOTC Department Order No. 2015-011, LTFRB Memorandum Circular Nos. 2015-15, 2015-16, 2015-17 and 2015-18 and other issuances relative to the TNVS and Transport Network Company.

The order includes the stopping, processing and approving of applications of motor vehicles as public utility vehicles accredited and belonging to TNVS and TNC.

Interviewed by dzMM, Judge Santiago Arenas of Quezon City Regional Trial Court branch 217 said the order covers only future application for provisional authorities and certificate of public convenience (CPC).

"Uber and Grab are not covered by the TRO. In the first place they were not covered by the petition," Arenas said.

The court said the coalition has established that there was a material and substantial invasion of the rights of holders of CPCs, which is necessary for the operation of PUVs.

It added that the vested rights of the CPC holders are affected by the issuance by LTFRB of provisional authorities to TNVS operators.

The court added that petitioner demonstrated that there was extreme urgency to issue a TRO to the petitioner to prevent grave and irreparable injury to the Stop & Go Coalition officers and members.

The LTFRB approved in August this year the accreditation of Uber and Grab under the additional standard classifications for public transportation that includes TNVS.

Named respondents in the Stop & Go Coalition petition were DOTC Secretary Joseph Emilio Abaya, LTFRB chair Winston Ginez and board members Antonio Inton, Engr. Rolando Corpus and board Executive director Roberto P. Cabrera.

The court has set the hearing of the petitioner's application for preliminary injunction on December 8 at 8:30 a.m. (Sunnex)
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