Legal basis under Public Service Act
- The memorandum reiterates a franchise-related requirement tied to Section 13(B) of the Public Service Act.
- Section 13(B) requires that a utility for which a Certificate of Public Convenience is issued be for purposes of public service.
- The memorandum treats public service as including every person, now or later, who owns, operates, manages, or controls in the Philippines for hire or compensation a common carrier.
- Section 13(B) defines “public service” as common carrier operation using a motor vehicle for freight or passenger or both, with or without a fixed route and regardless of classification.
Clarified rule for “company courier” vehicles
- Company vehicles registered in a company’s name and used exclusively for the company’s business operations are not considered public service vehicles.
- Company vehicles used exclusively by the company for its business operations should not be required to secure or acquire a franchise from the LTFRB.
- The memorandum frames the rule for delivery vans and trucks that are registered under companies and operated solely for the companies’ own business purposes.
- The memorandum characterizes apprehensions for lack of LTFRB franchise against such exclusively-used company vehicles as requiring correction through clarification.
Effect on LTO enforcement and compliance
- LTO deputized agents are addressing delivery vans and trucks registered to companies without LTFRB franchises.
- The memorandum instructs strict compliance with the clarified status of exclusively company-operated vehicles.
- The memorandum reiterates that the issuance of a Certificate of Public Convenience is premised on the utility’s being used for public service under Section 13(B).
- The memorandum is expressly issued to resolve confusion arising from prior citation, tied to a prior memorandum of the LTO Assistant Secretary dated May 4, 2007.
Status distinction for franchise requirement
- Vehicles qualify for franchise treatment when they operate as part of public service, meaning operation for hire or compensation as a common carrier under Section 13(B).
- Vehicles do not require LTFRB franchise when they are company vehicles registered in the company’s name and operated exclusively for the company’s business operations.
- The memorandum links the franchise requirement to whether the operation is for public service as defined in Section 13(B).
- The memorandum therefore distinguishes between common-carrier-type operations for compensation and internal/exclusive company operations.