QuestionsQuestions (LTFRB MEMORANDUM CIRCULAR NO. 94-002)
It was issued due to mounting complaints against PUJ and taxicab operators’ drivers—e.g., arrogance, discourtesy, overcharging/fast meters, refusal to convey passengers, and fast/reckless driving—causing prejudice, damage, injury, and inconvenience to the commuting public.
Contracting with passengers instead of using taximeters; choosing or refusing to convey passengers (especially for short destinations); arrogance; discourtesy; installing fast meters; and other similar acts.
Arrogance, discourtesy, overcharging, fast/reckless driving, and other similar acts tending to prejudice, damage, injure, or inconvenience the public.
Because penalties were considered light; after apprehension/impounding and payment of fines, the same drivers/units allegedly returned to operate and commit similar violations with impunity.
Operators must strictly provide safe and adequate service and must not refuse such service when reasonably demanded; they must also employ drivers/conductors/agents/inspectors who are courteous and of good moral character, without convictions involving moral turpitude and physical injuries.
They must be holders of Professional Drivers Licenses duly issued by the Land Transportation Office (LTO).
The theory of respondent superior: violations of transport public utility laws/rules/regulations by drivers are deemed violations by the registered operators of the vehicles.
The registered operator of the public utility vehicle, regardless of who the driver is.
By the Land Transportation Office (LTO).
Lists of litigated cases with the corresponding fines/penalties on drivers, indicating the nature of the offense, identity of the unit involved, and operator concerned.
Based on the lists, the LTFRB imposes the specified fines/penalties on the operator, regardless of the identity of the driver.
A warning.
A stern warning or a fine of PHP 10,000.00 with confiscation of the unit involved, in case of failure to pay the fine within five (5) days from receipt of the LTFRB order (unless a fine was already imposed by the LTO in accordance with the Public Service Law).
Six (6) months suspension of the entire Certificate of Public Convenience with confiscation of plates, to be returned after the suspension period has been served.
Cancellation of the entire Certificate of Public Convenience.
No. The LTO’s authority to adjudicate franchise violations mentioned is without prejudice to the LTFRB conducting its own investigation and issuing summons and other processes if warranted.
Fifteen (15) days after the filing of three (3) copies with the UP Law Center in accordance with Presidential Memorandum Circular No. 11 dated October 9, 1992.
They are modified accordingly, superseded and/or revoked.