Scribd Logo
Upload

Welcome to Scribd!

  • 40 views

    Eo 202

    Uploaded by

    Marie Cecile
    Law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Eo 202

    Uploaded by

    Marie Cecile
    40 views4 pages
    Law

    Original Title

    EO 202

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    40 views4 pages

    Eo 202

    Uploaded by

    Marie Cecile
    Law

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 4

    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.

    You might also like