QuestionsQuestions (LTFRB MEMORANDUM CIRCULAR NO. 2007-038)
The text cites Sec. 13(a) of the Public Service Act (C.A. 146) and Sec. 5(k) of Executive Order No. 202 as the basis for LTFRB’s enforcement and jurisdiction over Public Utility Vehicles.
It references Sec. 63 of R.A. 4136, stating that nothing in the Act limits or supersedes provisions of the Public Service Act regarding control by the Public Service Commission (now LTFRB) over motor vehicles operating as public service.
Sec. 17(a) is cited as granting the Commission (now LTFRB) the power/duty to prohibit or prevent public service from operating without first securing a Certificate of Public Convenience or necessity.
The memorandum cites Sec. 18, declaring it unlawful for any individual, partnership, corporation, or government entity (including municipalities/provinces/other departments) to engage in a public service without securing the required certificate.
FEAS is created as an adjunct office/structure in LTFRB, primarily responsible for enforcing public transport laws such as the Public Service Act, E.O. 202, existing rules and regulations, and LTFRB memorandum circulars.
All powers and functions exercised by FEAS emanate from the LTFRB Chairman, who has direct administrative and functional control and supervision.
The four units are: (1) Public Transport Law Enforcement Office (PTLEO), (2) Public Transport Adjudication Office (PTAO), (3) Intel and Investigation Office, and (4) Custodial/Redemption Office (CRO).
The Chief must be a lawyer.
PTLEO’s enforcement officers—appointed/deputized/designated—apprehend public/land transport utilities and initiate the process by informing the driver/operator of the specific violation and issuing the Investigation Report and Summons (IRS) or a Show Cause Order when necessary.
The Chief, PTAS (Public Transport Adjudication Services) issues an Order directing payment pursuant to prescribed penalties under existing memorandum circulars.
The PTAO proceeds in accordance with the LTFRB Rules of Practice and Procedure (Part II, Rule 10: procedure in complaints), treating the matter as if a disciplinary complaint is filed, and an Order is issued requiring PTLEO to prosecute.
The apprehending enforcement officer, whenever available, shall be present during the hearing as a witness.
No. The PTAS is not bound by technical rules of evidence and proceeds based on substantial evidence.
Substantial evidence.
The Chief acts as a Hearing Officer with power to issue subpoena and subpoena duces tecum.
The proceedings are summary in nature, and parties may be required to submit evidence and position papers.
The Order or Decision disposing the matter is final and executory.
For fines/penalties not involving suspension or cancellation, the Chief, PTAS may summarily impose prescribed fines/penalties. For suspension or cancellation of CPC, PTAS prepares investigation and recommendation to the Chairman, who has final authority.
The Board (LTFRB) has authority over cease and desist orders and decisions imposing suspension/cancellation or any other penalty the Board deems expedient.
Inspection of compliance of the particular violation should be mandated to prevent repetition. Impounded vehicles and confiscated plates/instruments must be turned over to the Custodial/Redemption Office and released only when ordered by the Board upon PTAS recommendation.