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”.

SECTION. 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.

SECTION 3. Executive Director and Support Staff of the Board. – The
Board shall have an Executive Director who shall also be 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.

SECTION 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 therefore;

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 injunctions, 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
prescribe by, the Rules of Court;

f. To issue subpoena and subpoena duces tecum and to 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 ruling and to
impose fines and/ or penalties for such violations;

h. To review motu propio 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 law 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, standard of
measurements and/ or design, and rules and regulations requiring
operators of any public land transportation service to equip, install
and provide 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, as may be provided by law, as may be necessary, or proper or incidental
to the purposes and objectives of this Executive Order.

SECTION 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 decision en banc. Every such decision, order, or resolution of
the Board must bear the concurrence and signature of at least tow (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 propio review any decision or
action or the Board before the same becomes final.

SECTION 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 application/ 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.

SECTION 8. Appeals. – The decisions, orders and resolutions of the
Regional Franchising and Regulatory Offices shall be appealable to the
Board within thirty (30) days from receipt of the decision.

SECTION 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.

SECTION 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.