• CHRYSEE G. SAMILLANO
The Bacolod Sangguniang Panlungsod is requesting Land Transportation Franchising and Regulatory Board VI (LTFRB 6) director Richard Osmeña thru Transportation Secretary Giovanni Lopez, to defer/hold in abeyance the issuance of Certificates of Public Convenience, and related permits covering about 21 modernized public utility jeepneys allocated to the Cebu People’s Jeep Cooperative in Bacolod City.
This is pending the final resolution of intra-cooperative disputes among its members by the Cooperative Development Authority (CDA) or a competent court, the resolution authored by Councilor Dindo Ramos said.
The Land Transportation Franchising and Regulatory Board (LTFRB), created under Executive Order No. 202 (1987) and attached to the Department of Transportation (DOTr), is vested with the power to regulate the operation of public land transportation services and to issue Certificates of Public Convenience (CPC), Provisional Authorities (PA), and related permits, it said.
The DOTR, through Department Order No. 2017-011 (Omnibus Guidelines on the Planning and Identification of Public Road Transportation Services and Franchise Issuance), implements the Public Utility Vehicle Modernization Program (PUVMP), under which allocations for modernized vehicles may be granted to qualified operators, cooperatives, and transport service entities, the resolution said.
The Cebu People’s Jeep Cooperative has an allocation for modernized public utility jeepneys under the PUVMP/OFG framework for 60 units, but there are existing intra-cooperative disputes among its members concerning governance, participation, and/or allocation of units and privileges under said program, it said.
Pursuant to the Philippine Cooperative Code of 2008 (Republic Act No. 9520) and the law strengthening the Cooperative Development Authority (Republic Act No. 11364), the Cooperative Development Authority (CDA) has jurisdiction and mechanisms for the settlement of intra-cooperative disputes through conciliation-mediation and arbitration, and such processes, where invoked, should be respected to avoid prejudice to the substantive rights of members, the resolution said.
To uphold due process, ensure orderly implementation of the PUVMP, and prevent regulatory actions that may aggravate internal conflicts or result in inequitable outcomes among cooperative members, it is prudent to hold in abeyance the issuance of new franchises and related permits over allocations in dispute until the competent authorities have resolved the matter, it said.
The requested deferment is without prejudice to the commuting public and does not affect existing valid franchises, PAs, or ongoing operations duly authorized by law and regulations, the resolution said.
The SP also requested the LTFRB Region 6 to maintain the status quo ante over the disputed allocation and refrain from actions that would effectively implement or distribute such allocation in a manner that may prejudice the rights of parties to the intra-cooperative disputes, without precluding the receipt of filings or submissions for record purposes.
That upon final resolution of the intra-cooperative disputes by the CDA or competent court, the LTFRB may proceed with appropriate regulatory action in accordance with applicable laws, rules, and PUVMP guidelines, it said.*
