Law Summary
Authority of LTFRB under Executive Order No. 202
- Section 5(b): LTFRB can issue, amend, suspend, or cancel Certificates of Public Convenience (CPC) and permits for motorized public transportation.
- Section 5(i): LTFRB empowered to promulgate rules governing its proceedings and those of Regional Offices.
Policy Encouraging Consolidation of Franchise Holders
- Individual franchise holders encouraged to unite into single juridical entities such as cooperatives or corporations.
- Benefits include collective resource access, improved fleet management, efficient fare collection, and better franchise record administration.
- Many transport groups have expressed willingness to consolidate for operational sustainability and profitability.
Rules on Petition for Consolidation of Individual Franchises
- Priority in franchise issuance given to applicants consolidating into one juridical entity.
- Voluntary cancellation of individual franchises permitted when converting to a single juridical entity.
- Definition of "Existing Individual Franchise Holders": Those with valid franchises operating less than 1/3 of total units on a route or fewer than 15 registered units.
- Required filing of Petition for Consolidation of CPCs with LTFRB specifying all individual franchise case numbers and route information.
- Filings made at LTFRB Central Office for inter-regional routes or Regional Offices for intra-regional routes.
Required Documentary Submissions for Consolidation Petition
- SEC Certificate of Incorporation (corporations) or CDA Certificate of Registration and OTC Accreditation (cooperatives).
- Management Agreement between cooperative and members (for cooperatives).
- Latest Financial Statement.
- Proof of operation of off-street terminals at route ends.
- Proof of garage ownership or lease with LGU Zoning Clearance.
- Official receipts and certificate of registration of authorized units.
- New Format Operator’s Data Sheet.
Procedure for Hearing and Consolidation Approval
- LTFRB Legal Division issues Notice of Hearing to verify jurisdiction, citizenship, financial capability, garage compliance, and public need.
- Petitioner to present original copies of individual CPCs.
- Upon merit, LTFRB cancels individual CPCs and grants consolidated CPC to the juridical entity.
Operation and Route Authorization Post-Consolidation
- Consolidated entities operate interim on previously authorized routes pending Land Public Transport Route Plan (LPTRP) or DOTr study.
- Routes may be modified based on DOTr recommendations.
- Juridical entity to designate number of units authorized to ply each route.
Consolidation Period and Consequences After Deadline
- One-year grace period from effectiveness of Memorandum Circular for existing franchise holders to consolidate.
- LTFRB may consider new CPC applications from single juridical entities on the same routes following this period.
Vehicle Specifications and Modernization Compliance
- Authorized vehicle types strictly comply with DO No. 2017-011, specifically on hierarchy/classification and modernization standards.
- New consolidated CPC holders must comply within three months with vehicle specifications and install mandated devices.
- Fleet management systems required to improve operational efficiency, minimize risk, and ensure regulatory compliance.
Effectivity and Supersession
- This memorandum circular takes effect immediately upon publication and mandatory filing with the UP Law Center.
- It modifies or supersedes inconsistent previous issuances or parts thereof.