EXECUTIVE ORDER NO. 202 June 19, 1987
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:
Sec. 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...
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Executive Orders
CREATING THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD
Executive Order No. 202
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)
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)