Title
LTFRB MEMORANDUM CIRCULAR NO. 2002-009, JUNE 7, 2002
Date
Jun 7, 2002
The LTFRB modifies previous regulations to grant applicants the freedom to choose whether to seek legal representation in their applications and petitions, allowing for greater autonomy in the process.
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Law Summary

Introduction

This Memorandum Circular issued by the Land Transportation Franchising and Regulatory Board (LTFRB) modifies the previous MC No. 2001-018 regarding the mandatory representation of applicants by members of the Integrated Bar of the Philippines (IBP) in good standing.

Modification of Legal Representation Requirements

  • Explanation: The previous requirement mandated that all applicants before the LTFRB must be represented by a lawyer who is a member of the IBP in good standing. This modification grants applicants the choice to represent themselves or choose legal counsel.

  • Key Definitions:

    • Applicants/Petitioners: Individuals or entities filing applications or petitions with the LTFRB.
    • Legal Representation: The act of being represented by a lawyer in legal proceedings.

  • Important Requirements:

    • Freedom of Choice: Applicants can now choose whether to be represented by a lawyer or to proceed without legal counsel.
    • Authorized Representatives: If opting for legal representation, a maximum of two authorized representatives per lawyer can transact business with the LTFRB.

  • Relevant Timeframes:

    • Effectivity: This Circular will take effect 15 days after the filing of three copies with the UP Law Center, as per Presidential Memorandum Circular No. 11 dated October 9, 1992.

Concerns Addressed

  • Complaints from Applicants: The LTFRB received feedback indicating that the initial requirement limited the freedom of choice for applicants regarding legal representation. Applicants who preferred to self-represent argued that past practices did not negatively impact the relief-granting process.

Repeal of Inconsistent Issuances

  • Explanation: Any prior issuances or portions thereof that conflict with this Memorandum Circular are modified or repealed to align with the new provisions.

Conclusion

The modification of MC No. 2001-018 reflects a shift towards allowing applicants the autonomy to decide on legal representation, thereby enhancing democratic processes in the application procedures before the LTFRB.

Key Takeaways

  • The mandatory requirement for legal representation by IBP members is now optional.
  • Applicants can choose to self-represent or hire counsel.
  • A maximum of two representatives per lawyer is permitted for transactions with the LTFRB.
  • The new Circular takes effect 15 days post-filing with the UP Law Center.
  • Previous conflicting regulations are repealed to comply with this modification.

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