Title
Supreme Court
Bayyo Association, Inc. and Anselmo Perweg, in his capacity as President of the Association, vs. Secretary Arthur Tugade, et al.
Case
G.R. No. 254001
Decision Date
Jul 11, 2023
Petitioners challenged DOTr's PUV modernization program, alleging constitutional violations. SC dismissed the case due to procedural defects: lack of standing and bypassing lower courts.

Case Digest (G.R. No. L-4404)
Expanded Legal Reasoning Model

Facts:

  • Parties and Jurisdiction
    • Petitioners: Bayyo Association, Inc. (an SEC‐registered group of 430 jeepney operators and drivers) and its President, Anselmo D. Perweg.
    • Respondents: Secretary Arthur P. Tugade, Secretary Carlos S. Dominguez, Secretary Wendel Eliot Avisado, and Atty. Martin B. Delgra, representing the DOTr and LTFRB.
  • Subject Matter – DO No. 2017-011 (PUV Modernization Program)
    • Issued June 19, 2017 pursuant to EO No. 125 (as amended), EO No. 125-A, and EO No. 202, to require safer, efficient, environment-friendly PUVs.
    • Paragraph 5.2 mandates “brand new and environmentally-friendly units” be prioritized in CPC allocation and deployment, with three sub-provisions:
      • 5.2.1 – Defines “environmentally-friendly units” (electric drive or Euro IV+ engines).
      • 5.2.2 – LTFRB to set age limits by major component year (chassis/engine), not registration/import year.
      • 5.2.3 – Refurbished/rebuilt vehicles must pass type approval and emissions tests; refurbished/rebuilt PUBs may not substitute phased-out units.
  • Petitioners’ Challenge
    • Procedural remedy: Petition for Certiorari and Prohibition under Rule 65, seeking nullification of paragraph 5.2.
    • Alleged defects: invalid delegation of legislative power; infringement of due process and equal protection; discriminatory phase-out of jeepneys; confiscatory subsidy scheme; violation of livelihood rights; breach of “Filipino First” policy.

Issues:

  • Procedural Issues
    • Do the petitioners possess the requisite legal standing (association, citizen, or taxpayer)?
    • Did the petitioners violate the doctrine of hierarchy of courts by directly filing with the Supreme Court?
  • Substantive Issue
    • Is paragraph 5.2 of DO No. 2017-011 unconstitutional (invalid delegation; due process/equal protection violations; confiscatory; deprivation of livelihood; breach of Filipino First policy)?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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