Rationale for Modification of Mandatory Representation
- Complaints were received from applicants and operators asserting that the mandatory representation circumscribed their freedom to choose legal counsel.
- Some applicants wished to engage lawyers; others preferred to pursue their cases without legal representation.
- It was noted that prior to the Circular's enactment, processing applications/petitions without legal counsel did not significantly affect the relief-granting process.
Modification of Mandatory Legal Representation
- The Board decided, after deliberation, to modify the mandatory representation requirement to respect applicants’ freedom of choice.
- Legal representation before the Board is no longer compulsory; applicants/petitioners may choose to avail or not avail of legal counsel.
- This change ensures compliance with democratic processes granting freedom of decision to the applicants/petitioners.
Effectivity and Compliance
- The Circular supersedes and modifies previous issuances inconsistent with this new policy.
- It will take effect fifteen (15) days after filing three (3) copies with the UP Law Center as mandated by Presidential Memorandum Circular No. 11 (October 9, 1992).
Signatories and Authority
- The Memorandum Circular was adopted on June 7, 2002.
- Signed by the Chairman and Board Members of the LTFRB, confirming its authority and official promulgation.