Law Summary
Definition of Terms
- Certificate of Public Convenience (CPC): Authorization by LTFRB for operating land transport services.
- Filipino Citizenship: Applicant or majority ownership must be Philippine citizens, minimum 60% capital.
- Financial Capability: Ability to sustain operations and meet accident claims.
- Public Interest: Benefits the public by enhancing service quality, range, fares, and competition.
- Authorized Route: Approved origin-destination pair via public roads.
- Monopoly: Exclusive operation or control by one or group causing no effective competition.
- Development Route: Light traffic routes lacking service, with developmental potential and political/social desirability despite possible financial non-viability.
- Franchise Operator: Holder of a valid CPC.
- Prior Operator / Applicant: Existing authorized operator or first applicant with priority.
- Protection of Investment: Conservation of prior investments.
- Withdrawal/Abandonment of Service: Suspension or cessation of service in authorized routes.
- Replacement/Substitution: Vehicle replacement for lost or obsolete units.
- First Class Service: Non-aircon bus with standard seats and route stops.
- Premier Service: Non-aircon bus with reclining seats, direct non-stop service.
- Addition/Expansion: Adding vehicle units in the route.
- Route Measured Capacity: Theoretical demand for vehicles per route.
- Quality of Service: Standards to ensure adequate, efficient, comfortable public utility service.
Requisites for Issuance of CPC
- Applicant must be Philippine citizen or corporation with 60% Philippine ownership.
- Applicant must be financially capable of operating the service.
- Applicant must show that the operation promotes public interest effectively and suitably.
Policy Guidelines on Issuance of CPC
- Public need dictates CPC issuance, with presumption in favor of the applicant.
- Entry and Exit:
- Liberalized entry to enhance competition and service quality.
- Monopolized routes must have at least 2 operators; additional operators allowed.
- Development routes served by new operators with investment protection for 2 years.
- Additional operators allowed if they provide efficiency, innovation, or respond to demand.
- Operators forfeiting service for 1 month+ may lose CPC.
- Withdrawal requires 15 days' prior notice.
- Vehicle Replacement and Expansion:
- Replacement with bigger capacity or adding units upon LTFRB approval.
- Multi-route Operations:
- Allowance for changes in route patterns subject to rules.
- Terminal Sharing:
- Encouraged in line with LGU policies under Local Government Code.
- Quality and Safety Standards:
- Continuous upgrades mandated.
- Higher vehicle insurance limits per judicial compensation rulings.
- Mandatory annual vehicle inspections via LTO’s MVIS System.
- Separate driver examination systems for passenger and freight public utility vehicles by 1995.
Rate and Fare Setting
- Liberalized pricing introducing competition aligned with service quality.
- Fares require prior notice and public hearing.
- Fare adjustments:
- Existing fare ranges for buses widened in 1994 (+20%, -25%) with indicative reference rates replacing fixed rates.
- Air-conditioned buses fare systems liberalized to first class and premier services.
Determination of Financial Capability of CPC Applicant
- Two basic financial criteria:
- Sufficient working capital for start-up and sustainability (actual assets minus liabilities should meet required working capital).
- Adequate insurance or financial reserves to meet accident claims.
- LTFRB may require capital increases if deficiency found, with proof under oath.
Technical Evaluation
- Vehicles must be roadworthy, maintained, and meet safety and service standards.
- Operators responsible for safe and efficient service provision.
- LTFRB only allows vehicles meeting established standards.
- Route Measured Capacity (RMC) used as guide, not absolute limit, allowing service in excess if justified by public need.
Validity Period of Franchise
- CPC valid for five (5) years from issuance.
Penalties and Sanctions
- Non-compliance with guidelines may result in denial of CPC application.
- Additional penalties under the Public Service Act and LTFRB rules after due process.
Repealing Clause
- This Circular supersedes and repeals inconsistent LTFRB rules and regulations.
Effectivity
- Effective 15 days after publication in a newspaper of general circulation in the Philippines.