EXECUTIVE ORDER NO. 202
EXECUTIVE ORDER NO. 202 - CREATING
THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
WHEREAS,
the Department of Transportation and Communications is vested with,
among others, quasi-judicial powers and functions pursuant to Executive
Order No. 125, as amended;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1. Creation of the Land Transportation
Franchising and Regulatory Board. — There is hereby created in the
Department of Transportation and Communications, the Land
Transportation Franchising and Regulatory Board hereinafter referred to
as the “Board”.
Sec. 2. Composition of the Board. — The Board
shall be composed of a Chairman and two (2) members with the same rank,
salary and privileges of an Assistant Secretary, all of whom shall be
appointed by the President of the Philippines upon recommendation of
the Secretary of Transportation and Communications. One (1) member of
the Board shall be a member of the Bar and shall have engaged in the
practice of law in the Philippines for at least five (5) years, another
a holder of a degree in civil engineering, and the other a holder of a
degree in economics, finance or management both with the same number of
years of experience and practice.
Sec. 3. Executive Director and Support Staff of
the Board. — The Board shall have an Executive Director who shall also
appointed by the President of the Philippines upon the recommendation
of the Secretary of Transportation and Communications. He shall have
the rank, salary and privileges of a Department Service Chief. He shall
assist the Board in the performance of its powers and functions.
The Board shall be supported by the Technical Evaluation Division,
Legal Division, Management Information Division, Administrative
Division and Finance Division.
Sec. 4. Supervision and Control Over the Board. —
The Secretary of Transportation and Communications, through his duly
designated Undersecretary, shall exercise administrative supervision
and control over the Land Transportation Franchising and Regulatory
Board.
Sec. 5. Powers and Functions of the Land
Transportation Franchising and Regulatory Board. — The Board shall have
the following powers and functions:
a.
To prescribe and regulate routes of service, economically viable
capacities and zones or areas of operation of public land
transportation services provided by motorized vehicles in accordance
with the public land transportation development plans and programs
approved by the Department of Transportation and Communications;
b. To issue,
amend, revise, suspend or cancel Certificates of Public Convenience or
permits authorizing the operation of public land transportation
services provided by motorized vehicles, and to prescribe the
appropriate terms and conditions therefor;
c. To
determine, prescribe and approve and periodically review and adjust,
reasonable fares, rates and other related charges, relative to the
operation of public land transportation services provided by motorized
vehicles;
d. To issue
preliminary or permanent injunction, whether prohibitory or mandatory,
in all cases in which it has jurisdiction, and in which cases the
pertinent provisions of the Rules of Court shall apply;
e. To punish
for contempt of the Board, both direct and indirect, in accordance with
the pertinent provisions of, and the penalties prescribed by, the Rules
of Court;
f. To issue
subpoena and subpoena duces tecum and summon witnesses to appear in any
proceedings of the Board, to administer oaths and affirmations;
g. To conduct
investigations and hearings of complaints for violation of the public
service laws on land transportation and of the Board’s rules and
regulations, orders, decisions and/or rulings and to impose fines
and/or penalties for such violations;
h. To review
motu proprio the decisions/actions of the Regional Franchising and
Regulatory Office herein created;
i. To
promulgate rules and regulations governing proceedings before the Board
and the Regional Franchising and Regulatory Office: Provided, That
except with respect to paragraphs d, e, f and g hereof, the rules of
procedure and evidence prevailing in the courts of laws should not be
controlling and it is the spirit and intention of said rules that the
Board and the Regional Franchising and Regulatory Offices shall use
every and all reasonable means to ascertain facts in its case speedily
and objectively and without regard to technicalities of law and
procedures, all in the interest of due process;
j. To fix,
impose and collect, and periodically review and adjust, reasonable fees
and other related charges for services rendered;
k. To
formulate, promulgate, administer, implement and enforce rules and
regulations on land transportation public utilities, standards of
measurements and/or design, and rules and regulations requiring
operators of any public land transportation service to equip, install
and provide in their utilities and in their stations such devices,
equipment facilities and operating procedures and techniques as may
promote safety, protection, comfort and convenience to persons and
property in their charges as well as the safety of persons and property
within their areas of operations;
l. To
coordinate and cooperate with other government agencies and entities
concerned with any aspect involving public land transportation services
with the end in view of effecting continuing improvement of such
services; and
m. To perform
such other functions and duties as may be provided by law, or as may be
necessary, or proper or incidental to the purposes and objectives of
this Executive Order.
Sec. 6. Decision of the Board; Appeals therefrom
and/or Review thereof . — The Board, in the exercise of its powers and
functions, shall sit and render its decisions en banc. Every such
decision, order, or resolution of the Board must bear the concurrence
and signature of at least two (2) members thereof.
The decision, order or resolution of the Board shall be appealable to
the Secretary within thirty (30) days from receipt of the decision:
Provided, That the Secretary may motu proprio review any decision or
action of the Board before the same becomes final.
Sec. 7. Creation of Regional Franchising and
Regulatory Offices. — There shall be a Regional Franchising and
Regulatory Office in each of the administrative regions of the country
which shall be headed by a Board Regional Manager having the rank,
salary and privileges of a Department Assistant Regional Director. The
Regional Franchising and Regulatory Offices shall hear and decide
uncontested applications/petitions for routes, within their respective
administrative regions: Provided, That applications/petitions for
routes extending their respective territorial jurisdictions shall be
heard and decided by the Board.
Sec. 8. Appeals. — The decisions, orders or
resolutions of the Regional Franchising and Regulatory Offices shall be
appealable to the Board within thirty (30) days from receipt of the
decision.
Sec. 9. Appropriations. — Funds needed to carry
out the provisions of this Executive Order shall be taken from the
funds available in the Department of Transportation and Communications.
Thereafter, the approved budget of the Board shall be included in the
General Appropriations Act.
Sec. 10. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 19th day of June, in the year of Our Lord, nineteen hundred and
eighty-seven.
chanrobles virtual law library
Back to Main
chan
robles virtual law library
Since 19.07.98.