Title
Rules for Domestic Freight Forwarders Registration
Law
Dti Department Administrative Order No. 5, S. 1995
Decision Date
May 22, 1995
The DTI Department Administrative Order No. 5, S. 1995 establishes a comprehensive framework for the registration and accreditation of domestic freight forwarders, aiming to professionalize the industry and ensure compliance with regulatory standards through a structured application process and monitoring system.
A

Questions (DTI DEPARTMENT ADMINISTRATIVE ORDER NO. 5, S. 1995)

To promote and professionalize the domestic freight forwarding industry through a system of registration and accreditation, and to establish an environment conducive to the industry’s growth.

All persons or entities engaged in domestic freight forwarding services as defined in the rules; however, registration/accreditation of domestic air freight forwarding services remains with the CAB.

The Philippine Shippers’ Bureau (PSB).

Cargo intermediary services that facilitate transport on behalf of customers and may include acceptance of cargo to domestic destinations, documentation/processing, booking cargo space, negotiating freight rates, advancing freight payments, providing trucking and warehousing, packing/crating, and other related undertakings.

Articles of Incorporation/partnership or business name registration; biodata with two passport-size photos of the operations manager/COO (with at least 2 years experience); latest audited financial statements; SEC certificate of paid-up capital (at least P250,000) or bank certification/certificate of ownership of tangible properties for single proprietorship; specimen of bill of lading/waybill or equivalent transport document; inventory of transport equipment or trucking contract; insurance with minimum coverage of at least P100,000 (or amount determined by the RMC); and authority to inspect offices/warehouse; plus PTO from PPA as applicable.

Only upon submission of all documentary requirements and payment of filing/processing fee of P3,000 per application.

Within fifteen (15) working days, the PSB Registration and Accreditation Division evaluates documents and inspects the applicant’s offices and equipment.

Inspection is conducted by a team of at least two PSB RAD staff (or authorized representatives) upon written instruction of the PSB Director, and it must be conducted in the presence of the manager or any officer of the company-applicant.

Forty-five (45) calendar days before expiry is the renewal period. If filed not later than fifteen (15) working days before expiry: P4,500. If filed after fifteen (15) days before expiry, or if previously delisted entities: P6,000.

Applications (original or renewal) must be processed within twenty-one (21) working days from filing. If no action is taken or processing is not completed after lapse of the period, the application is deemed approved and the applicant is entitled to issuance of the certificate.

Misrepresentation, false statement, or fraud in connection with submission of registration/accreditation requirements; or violation of Trade and Industry Laws, Tariff and Customs Code and PPA Charter, and/or refusal to comply with lawful orders issued by the PSB.

Examples include: failure to submit proof of insurance within 30 days after expiry; failure to answer clarificatory statements within 30 days; failure to submit quarterly cargo statistics for three (3) quarters (within 30 days after the quarter covered); and failure to submit annual financial statements within 30 days after fiscal year closing, or misrepresentation/false entries/fraud in preparing financial statements.

A preliminary conference/meeting must be conducted, presided by the investigating officer assigned by the PSB Director, with notice sent to all interested parties.

Within five (5) days after the preliminary conference, the investigating officer submits the recommendation to the RMC for deliberation; the RMC decides by majority vote.

The respondent must answer within ten (10) days; otherwise, judgment of default is issued. Failure to file answer/pertinent documents or to appear during the preliminary conference also results in waiver and the case is heard ex parte.

Final and executory after fifteen (15) days from receipt by the adversely affected party unless an appeal is made to the Secretary of Trade and Industry within that period. The Secretary’s decision may be appealed administratively to the President or subject to judicial review to the Court of Appeals within fifteen (15) days from receipt.


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