QuestionsQuestions (DTC DEPARTMENT CIRCULAR NO. 2001-01)
It lays down rules for the processing, hearing, and adjudication of applications for authority to operate private express and/or messenger delivery service, and for investigating complaints involving such services, and is to be liberally construed in favor of public interest and just, speedy, and inexpensive action.
The Postal Regulation Committee consists of the Chairman, Vice-Chairman, and two members. It hears and decides on applications, investigates complaints/violations of relevant laws and regulations, and adjudicates administrative controversies related to these courier services.
It includes any person or entity operating in the Philippines for hire/compensation to deliver written messages and mail matter (except telegram) to other persons. Delivering one’s own articles by the owner or employee is not considered such a service.
It covers delivery of written messages/mail matter with schedules: ordinary mail within seven (7) working days; special delivery mail within three (3) working days; and rush mail within twenty-four (24) hours from receipt by the firm.
Any Filipino citizen or any corporation/partnership registered with the SEC with at least 60% Filipino ownership.
For two or more administrative regions: paid-up capital of P500,000.00; for Metro Manila or only one administrative region: paid-up capital of at least P300,000.00.
It must increase capital to the appropriate required levels within two (2) years from the effectivity of the Circular.
Examples: (1) intent to operate and deposit of required capital in a bank with quarterly 90-day update certifications; (2) Filipino ownership/management citizenship compliance; (3) operation in a definite geographical area that is not saturated and that the grant will improve mail delivery and serve the public; (4) posting of a GSIS/accredited surety bond in specified amounts; (5) undertaking not to withdraw bank deposit during the hearing and not to operate prior to grant, among others.
P50,000.00 for authority in two or more regions, and P30,000.00 for authority in Metro Manila only or one region.
Acknowledgment receipts of service of the copy of the Notice of Hearing and a copy of the application to PEMAP, PPC, and other affected operators; the Affidavit of Publication; and copies of the newspapers that published the Notice of Hearing.
Applicant must publish the Notice of Hearing once a week for three (3) consecutive weeks in a newspaper of general circulation within thirty (30) days from receipt of the Notice of Hearing.
Oppositors must file a verified Opposition through the Committee at DOTC, and serve a copy on the applicant at least fifteen (15) days before the scheduled initial hearing.
No. Even without an oppositor, authority shall be granted only upon compliance with legal and regulatory requirements duly proven by substantial evidence presented by the applicant.
Typical order: proof of jurisdictional requirements; applicant evidence; oppositor evidence; applicant rebuttal (if any); operator sur-rebuttal (if any); formal offer of evidence by parties; and, if requested, memoranda within 15 days from receipt of transcript (extendable only once for another 15 days at the hearing officer’s discretion).
An original authority for one (1) year may be granted by the Secretary, renewable upon application on a graduated scale (2 years, then 3 years, then from 4 up to 5 years, and renewable every 5 years thereafter).
Quarterly production reports within 30 days after the end of the quarter and a semi-annual management report (including lists of employees and regular clients, and equipment) in duplicate one month before expiration of provisional authority. For each month of delay or portion thereof, liability is P500.00.
Operators must secure a Messenger’s Work License for each messenger through the Committee within 60 days. The Committee issues it after ascertaining the messenger has no derogatory record, requiring clearances from the NBI, Prosecutor’s Office, and the Regional Trial Court with jurisdiction. Licenses are valid for two (2) years and may be renewed for the same period; they may be cancelled/revoked after due notice and hearing upon a finding of grave misconduct or dishonesty.
A party may file a written motion for reconsideration within 15 days from receipt of the notice of decision/order, specifically stating detailed objections. Only one motion per party is generally entertained unless allowed otherwise. A hearing is scheduled upon opposition, and on meritorious grounds a one-time extension of up to 15 days may be granted.
Any party aggrieved by the Secretary’s decision/order may appeal to the Court of Appeals within 30 days from receipt of the appeal decision/order.
By a written sworn complaint filed with the Office of the Chairman, Postal Regulation Committee. Anonymous complaints are not entertained but may be used for fact-finding. Upon receipt, the complaint is referred for investigation; if a prima facie case exists, the Committee orders the operator within five (5) days to submit a written explanation with supporting evidence. A formal hearing may be held if the operator requests; otherwise, parties may submit position papers and the Committee decides based on the record.