Creation of the LTRB
- Section 1 creates the Land Transportation Franchising and Regulatory Board, referred to as the “Board”, within the Department of Transportation and Communications.
- The Board is created as a governmental body to perform the powers and functions enumerated in Section 5.
Board composition and appointments
- Section 2 provides that the Board is composed of a Chairman and two (2) members of the same rank, salary and privileges of an Assistant Secretary.
- The President appoints the Chairman and members upon recommendation of the Secretary of Transportation and Communications.
- Section 2 requires that one (1) member must be a member of the Bar and have engaged in legal practice in the Philippines for at least five (5) years.
- Section 2 requires that another member holds a degree in engineering.
- Section 2 requires that the third member holds a degree in economics, finance or management, with all required experience and practice set to the same number of years.
Executive Director and support divisions
- Section 3 provides for an Executive Director of the Board.
- The Executive Director is appointed by the President upon recommendation of the Secretary of Transportation and Communications.
- Section 3 grants the Executive Director the rank, salary and privileges of a Department Service Chief.
- Section 3 provides that the Executive Director assists the Board in performing its powers and functions.
- Section 3 requires support units: the Technical Evaluation Division, Legal Division, Management Information Division, Administrative Division and Finance Division.
Supervision and control framework
- Section 4 provides that the Secretary of Transportation and Communications, through his duly designated Undersecretary, exercises administrative supervision and control over the Board.
Board’s powers and functions
- Section 5(a) empowers the Board to prescribe and regulate routes, economically viable capacities, and zones or areas of operation of public land transportation services provided by motorized vehicles, consistent with public land transportation development plans and programs approved by the Department of Transportation and Communications.
- Section 5(b) empowers the Board to issue, amend, revise, suspend or cancel a Certificate of Public Convenience or permits authorizing motorized public land transportation services, and to prescribe their terms and conditions.
- Section 5(c) empowers the Board to determine, prescribe, approve, and periodically review and adjust reasonable fares, rates, and other related charges for motorized public land transportation services.
- Section 5(d) empowers the Board to issue preliminary or permanent injunction (whether prohibitory or mandatory) in cases in which it has jurisdiction.
- Section 5(d) provides that the pertinent provisions of the Rules of Court apply to injunctions issued in the Board’s cases of jurisdiction.
- Section 5(e) empowers the Board to punish for contempt of the Board, including direct and indirect contempt, in accordance with the Rules of Court and the penalties prescribed therein.
- Section 5(f) empowers the Board to issue subpoena and subpoena duces tecum, summon witnesses, and administer oaths and affirmations in Board proceedings.
- Section 5(g) empowers the Board to conduct investigations and hearings of complaints for violation of public service laws on land transportation and of the Board’s rules and regulations, orders, decisions and/or rulings, and to impose fines and/or penalties for such violations.
- Section 5(h) empowers the Board to review motu proprio the decision/action of the Regional Franchising and Regulatory Office.
- Section 5(i) empowers the Board to promulgate rules and regulations governing proceedings before the Board and the Regional Franchising and Regulatory Office.
- Section 5(i) provides that, except with respect to paragraphs d, e, f and g of Section 5, the rules of procedure and evidence prevailing in the courts of law shall not be controlling, and the Board and Regional Offices must use every and all reasonable means to ascertain facts speedily and objectively and without regard to technicalities, in the interest of due process.
- Section 5(j) empowers the Board to fix, impose and collect, and periodically review and adjust, reasonable fees and other related charges for services rendered.
- Section 5(k) empowers the Board to formulate, promulgate, administer, implement and enforce rules and regulations on:
- land transportation public utilities,
- standards of measurements and/or design, and
- rules requiring operators of any public land transportation service to equip, install, and provide in their utilities and operating procedures and techniques measures that promote safety, protection, comfort and convenience to persons and property in their charges and the safety of persons and property within their areas of operations.
- Section 5(l) empowers the Board to coordinate and cooperate with other government agencies and entities concerned with any aspect of public land transportation services to achieve continuing improvement.
- Section 5(m) authorizes the Board to perform other functions and duties provided by law or necessary, proper, or incidental to the purposes and objectives of Executive Order No. 202.
Board decisions and appeal rights
- Section 6 requires that the Board sit and render its decision en banc.
- Section 6 requires that every Board decision, order, or resolution bear the concurrence and signature of at least two (2) members.
- Section 6 provides that Board decisions, orders, or resolutions are appealable to the Secretary.
- Section 6 sets the appeal period as thirty (30) days from receipt of the Board decision, order, or resolution.
- Section 6 empowers the Secretary to motu proprio review any Board decision or action before the same becomes final.
Regional offices and their jurisdiction
- Section 7 creates a Regional Franchising and Regulatory Office in each administrative region of the country.
- Section 7 provides that each Regional Office is headed by a Board Regional Manager with the rank, salary and privileges of a Department Assistant Regional Director.
- Section 7 grants Regional Offices authority to hear and decide uncontested applications/petitions for routes within their respective administrative regions.
- Section 7 provides that respective territorial jurisdictions over matters are heard and decided by the Board.
Appeals from Regional offices
- Section 8 provides that Regional Office decisions, orders, or resolutions are appealable to the Board.
- Section 8 sets the appeal period as thirty (30) days from receipt of the Regional decision, order, or resolution.
Funding and appropriations
- Section 9 provides that funds needed to carry out Executive Order No. 202 are taken from the funds available in the Department of Transportation and Communications.
- Section 9 provides that thereafter, the approved budget of the Board is included in the General Appropriations Act.