CREATING THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD

Case Overview and Summary

EXECUTIVE ORDER NO. 202

Summary:
- Creates the Land Transportation Franchising and Regulatory Board (the "Board") under the Department of Transportation and Communications. (Sec. 1)
- Composition of the Board: A Chairman and two members with the rank, salary and privileges of an Assistant Secretary, appointed by the President. One member must be a lawyer with at least 5 years of experience, one must have a civil engineering degree, and one must have a degree in economics, finance or management, both with at least 5 years of experience. (Sec. 2)
- The Board has an Executive Director with the rank, salary and privileges of a Department Service Chief, appointed by the President. (Sec. 3)
- The Secretary of Transportation and Communications exercises administrative supervision and control over the Board. (Sec. 4)

Powers and Functions of the Board (Sec. 5):
- Prescribe and regulate routes, capacities, and areas of operation for public land transportation services.
- Issue, amend, revise, suspend or cancel Certificates of Public Convenience or permits for public land transportation services, and prescribe terms and conditions.
- Determine, prescribe, approve, review and adjust reasonable fares, rates and other charges for public land transportation services.
- Issue preliminary or permanent injunctions in cases within its jurisdiction, following the Rules of Court. (Sec. 5d)
- Punish for contempt of the Board, following the Rules of Court. (Sec. 5e)
- Issue subpoenas and summon witnesses, administer oaths and affirmations. (Sec. 5f)
- Conduct investigations and hearings of complaints for violations, and impose fines and penalties. (Sec. 5g)
- Review decisions/actions of the Regional Franchising and Regulatory Offices. (Sec. 5h)
- Promulgate rules and regulations governing proceedings, but not strictly following court rules of procedure and evidence. (Sec. 5i)
- Fix, impose, collect, review and adjust reasonable fees and charges for services rendered. (Sec. 5j)
- Formulate and enforce rules and regulations on public land transportation utilities, safety standards, and equipment requirements. (Sec. 5k)
- Coordinate and cooperate with other agencies on public land transportation services. (Sec. 5l)
- Perform other functions necessary for the purposes of the Executive Order. (Sec. 5m)

- Decisions of the Board require concurrence and signature of at least two members. (Sec. 6)
- Decisions of the Board are appealable to the Secretary within 30 days, and the Secretary may review decisions before they become final. (Sec. 6)
- Regional Franchising and Regulatory Offices headed by Board Regional Managers hear and decide uncontested applications/petitions for routes within their region. (Sec. 7)
- Decisions of Regional Offices are appealable to the Board within 30 days. (Sec. 8)
- Funds for implementation to be taken from the Department of Transportation and Communications, and later included in the General Appropriations Act. (Sec. 9)
- The Executive Order takes effect immediately. (Sec. 10)