Republic of to Phipines Depatent of Transporation al Coninsians LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD 2011 REVISED RULES OF PRACTICE AND PROCEDURE BEFORE THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD The Land Transportation Franchising and Regulatory Board under the Department of Transportation and Communications hereby adopts and promulgates the following 2011 Rovised Rules of Practice and Procedure, pursuant to Executive Order No, 202 and Commonwealth Act No. 146, otherwise known as the Public Service Act, as amended PART | —- GENERAL PROVISIONS RULE 4 - TITLE AND CONSTRUCTION SECTION 4. Title. ~ These Rules shall be known and cited as the 2011 Revised Rules of Practice and Procedure before the Land Transportation Franchising and Rogulatory Board (LTFRB) of tho Depsrtmont of Tranggortalion and Communications. SECTION 2 Scope and Applicabil'y, ~ These Rules shall govern pleadings, practice and procedure before the Board in all matters of hearing, investigation ard Proceedings within ts jurisdiction. However, fo best serve public interest and subject fo the Due Process Clause, the Board may, in ary particular matier, exempl itself from ‘these Rules and apply such far and reasonable procedures lo assis! tho parties in obiaining a spesdy and judicious disposition of cases, ‘These Rules shall likewise gover all casos fled before the Regional Franchising end Regulatory Oifices within their respective jurisdiction as far 2s practicable and when public interest so requires, The Rules of Court shall apply suppletarily SECTION 3. Construction, - These Rules shall be toeraily construed fo protect, end promote public inlerest and to assist the parties in obtaining just, speedy and inexpensive determination of every action or proceeding SECTION 4, Definition Of Terms, ~The folowing texms: 8) Act’ shall rofer to Commonwealth Act No, 145, ctherwise known as tho Public Service Act, as amended. ‘EET RETESET RD RCE EE Ts Lane TRENSPORTATION FRANGIEING AND REGULATORY BORRD Pago tof 25Repl oF the Pipes Depa of Taxsperatin an Communications LAND TRANSPORTATION FRANCHISING AND REGULATORY ZOARD Ea Nene, nem b) “Board shall rafer to the Land Transportation Franchising and Regulatory Board (LTFRB). ©) "Board en Banc’ shall reler to the composite members of the Board exercising ite rule-making power andlor quast- judicial function siting as 2 ‘whole in Rearing and/or in decicing of cases. Howaver, any two (2) of the Composite members shall constitute @ quorum, 6) “Central Office" shall refer 1o where the composite memisers of the Board old offic. €) *Chsirman' shall refer to the Chairman of said Board, 1) "GPO" shall refer to Gerifcate of Public Convenience, 9) *Decision” shall refer to eny rung, rendered by the Board en banc or the Regional Director, regarding the issuance of CPC. hh) "Department* shal refer to the Depertment of Transportation and Communications, i) "EC" shal refer to Executive Order No. 202. |) ‘Hearing Otfcer shall rofor to any lawyor employod with tho LTERE, or the Regonal Director, or any LTFRB erscnnst culy designated to hear cases by the Chairman, k) Member" shall refer to any composite member of the Boar 1) *Onder" shall refer 1o any tuling, rendered by the Board en bane or by the Regional Director, that determines incidental matters which do not touch ton the morits of the case or put an ond to the procaedings. 1m) “Regional Director’ snak refer to tne head ct the Regional Office. 1n)— “Regiana! Office" shall refor to the Regional Franchising and Reguistory Office created pursuant to EO 202 0) *Resolutin” shall refer to any ruling, rendered by the Board en bane or te Regional Director, regarding any changes in the CPC granites. ) "Rules" shail refer to the 2011 Revised Rules of Practice and Pracecure of the LTFRE 9) *Socrstary shall reter to the Secretary of the Depertment, RULE 2~ PARTIES SECTION 1. Apolidant and Opoosior. - Any person or group of persons, natural cr juridical, applying for a CPC for the operation of public land iransportation utilities and services of for any form of authorization shail be called the Applicant, Any person having a substartial interest capable of pecuniary estimation in the ‘pplication and opposes the application shail be calied tne Oppositor. For new and additonal services, substantial interest shall mean that the ‘oppositer shall be adversely affecied by the line applied for or substential portions thereot SECTION 2. For Comolaits, Pettions, Motions or Other Forms of Rotel Complainant and Respondent, ~ Any aggrieved person, group of persons, natural or Jurcical, who files @ complaint on matiers within the jursaition of the Boerd, of who seeks remedies for violations ofthe terms and condilons of he CPC, or any form of ‘auberization shall be called the Complainant ‘TRENT LES CF PRACT CE AND ROO OE {Uno TRANGPORTATONSRANCHIEING AND REGULATORY BOMTD Page 2of 25OQ ‘Any person, natural or juridical, who socks romodies to be relieved trom any Decision, Resolution, Order, Regulation, Standard, or any act of the Board shail be called Potitioner or movant, as may be applicable. Repu fhe Papi Depanisent of Trango ud Coumnaaicnins LAND TRANSPORTATION FRANCHISING AND REGULATORY UOAKD earn Any person, natural or juridical, against whom @ Complaint or Petifon is fled shall be called the Respondent. SECTION 3, Apzearance by Sofcitor General. — Wnensver the Solicitor General ‘appears on behalf of the public in petitions for faro adjusimont with tho Board, his ‘appearance snail be considered as representaive of al indivicuals, consumers oF users ‘who have fled ther writen oppositions to such application and who are not represented by counsel provided the latter does not abject to such representation SECTION 4, Appearance by Consumer or Users. ~ If individual users or entities opposing tho petition for fare adjustment are represented by several lawyers and tho oppesition is predicated on the same grounds, they shall choose not mora than two among themselves, ane as Lead Counsel and tie other ane as Collaborating Counsel, ‘who shail be ellowed by the Board to represent them for that particular heaving, RULE 3 — VENUE SECTION 1. Where to File Applicstions. ~ All naw applications for CPC for tha ‘operation of public land transportation uliities and sorvicos involving routes within a articular region shallbe fled at tie Regiona Otfice concernac, All new applications involving routes traversing two or more regions (inter regional) shall be fed ai the Cenital Ottice. SECTION 2._Where to File Complaints: ~ Ary aggrieved party may file a complaint for any violation of the terns and conditions of the CPC al the Regional Ofica winere the CPC was issued or atthe Central Office, SECTION 3.“ Waere to File Any Other Relish — For relief not covered by the preceding section, the concemed party may fle a pelition before the Centra Office or Rogional Ofice which rendered the decision, rescliton, order or regulations subject of ‘he petition SECTION 4. Petition for Fare Adjustment. ~ Any patton tor tare adjustmant which will be made appicable nallonwice shal be fied before tne Central Ottice anc shall be heard by the Board en banc, Petitions for Fare Adjustment which shall be made applicable only within a certain region may be filed at the concerned Regional Ofice. However, the resolution thereof should be forwarded to the Board en banc for approval {ano TRANSPORTATION FRANCHISING AND REGULATORY BOARD Papo 30125