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    LTFRB Revised Rules of Practice and Procedure For Web PDF

    Diunggah oleh

    Jennilyn Tugelida

    Hak Cipta:

    © All Rights Reserved
    Unduh sebagai PDF atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 25
    Republi of te Philippines Deparment of Transportation and Conunictisns LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD taro Goren : 2011 REVISED RULES OF PRACTICE AND PROCEDURE BEFORE THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD The Land Transportation Franchising and Regulatory Board under the Department of Transportation and Communications hereby adopts and promulgates the folowing 2011 Revised Rules of Practice and Procedure, pursuant to Executive ‘Order No. 202 and Commonwealth Act No, 146, otherwise known as the Public Service Act, as amended, PART I — GENERAL PROVISIONS. RULE 1 ~ TITLE AND CONSTRUCTION ‘SECTION 1. Tile, ~ These Rules shall be known and cited as the 2011 Revised Rules of Practice and Procedure before the Land Transportation Franchising and Regulatory Board (LTFR8) of the Department of Transportation and Communications. SECTION 2. Scope and Applicability. — These Rules shall govern pleadings, practice and procedure before the Board in all matters of hearing, investigation and proceedings within its jurisdiction. However, to best serve public interest and subject to the Due Process Clause, the Board may, in any particular matter, exempt itself from these Rules and apply such fair and reasonable procedures to assist the parties in obtaining a speedy and judicious disposition of cases. ‘These Rules shall ikewise govern all cases filed before the Regional Franchising ‘and Regulatory Offices within their respective jurisdiction as far as practicable and when Public interest so requires. ‘The Rules of Court shall apply suppietdily SECTION 3. Construction. ~ These Rules shall be liberally construed to protect ‘and promote public interest and to assist the parties in obtaining just, speedy and inexpensive determination of every action or proceeding, SECTION 4, Definition OF Terms, ~ The following terms: a) “Act” shall refer to Commonwealth Act No. 146, otherwise known as the Public Service Act, as amended ‘WUTREVSED ROLES OF PRACTICE Rts PROCEDURE GEFORE TE {AND TRANSPORTATION FRANCIGEING AND REGULATORY BOARD Paget of 25. Republi ofthe Phipps Deparment of Transporation and Coxicatons LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD tae Qos b) “Boarch shall refer to the Land Transportation Franchising and Regulatory Board (LTFRB) ©) “Board en Banc’ shall eler to the composite members of the Board ‘exercising its rule-making power andior quasi-judicial function sitting as a ‘whole in hearing andlor in deciding of cases. However, any two (2) of the composite members shall constitute a quorum. 4) “Central Office" shall refer to where the composite members of the Board hold office. ©) “Chairman* shall refer to the Chairman of said Board 1) *CPC" shall refer to Certificate of Pubic Convenience. 9) “Decision shall refer to any ruling, rendered by the Board en banc or the Regional Director, regarding the issuance of CPC. h) “Department” shall refer to the Department of Transportation and Communications. i) “EO” shall refer to Executive Order No. 202 |) ‘Hearing Otficer" shalt refer to any lawyer employed with the LTFRB, or the Regional Director, or any LTFRB personnel duly designated to hear cases by the Chairman. k) "Member" shall refer to any composite member of the Board. 1) *Order" shalt refer to any ruling, rendered by the Board en banc or by the Regional Director, that determines incidental matlers which do not touch ‘on the merits of the case or put an end to the proceedings. m) ‘Regional Director’ shall refer tothe head of the Regional Office 1) ‘Regional Otfice" shall refer to the Regional Franchising and Regulatory Office created pursuant to £0 202 ©) ‘Resolution’ shail reer to any ruling, rendered by the Board en banc or the Regional Director, regarding any changes in the CPC granted. ») "Rules" shall refer to the 2011 Revised Rules of Practice and Procedure of the LTFRB. ©) “Secretary” shall refer to the Secretary of the Department. RULE 2~ PARTIES SECTION 1. Appidaft an 1. - Any person or group of persons, natural or cial, appiying for a CPC forthe operation of pubic land transportation ilies and Senices or for any form of authorization shal be cales the Appar. ‘Any person having a substantial interest capable of pecuniary estimation in the ‘application and opposes the application shall be called the Opposite. For new and additional services, substantial interest shall mean that the coppositor shall be adversely affected by the line ‘applied for or substantial portions thereof. SECTION 2. For Complaints Petitions Motions or Other Forms of Reliet Complainant and Respondent. ~ Any aggrieved person, group of persons, natural or juridical, who files @ complaint on matters within the jurisdiction of the Board, or who ‘seeks remedies for violations of the terms and conditions of the CPC, or any form of ‘authorization shall be called the Complainant. ‘TOT REWSED RULES GF PRUCTIE ANG PROCEDURE BEFORE IE mmm LAND TRANSPORTATION FRANCHISING ANO REGULATORY BOARD Page 2 of 25 Republi ofthe Pilppines Deparunent of Transportation and Communications LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD se fee Coen ‘Any person, natural or juridical, who seeks remedies to be relieved from any Decision, Resolution, Order, Regulation, Standard, or any act of the Board shall be called Petitioner or movant, as may be appiicabie, Any person, natural or juridical, against whom a Complaint or Petition is filed shall be called the Respondent. SECTION 3. Appearance by Solicitor General. ~ Whenever the Solicitor General ‘appears on behaif of the public in petitions for fare adjustment with the Board, his ‘appearance shall be considered as representalive ofall individuals, consumers or users who have filed their written oppositions to such application and who are not represented by counsel provided the latter does not object 1o such representation, SECTION 4. Appearance by Consumer or Users, ~ If individual users or entilics ‘opposing the petition for fare adjustment are represented by several lawyers and the ‘opposition is predicated on the same grounds, they shall choose not more than two ‘among themselves, one as Lead Counsel and the other ane as Collaborating Counsel, who shal be allowed by the Board to represent them for that particular hearing RULE 3 - VENUE SECTION 1. Where to File Applications, ~ All new applications for CPC for the ‘operation of public land transportation ullties and services involving routes within & parlicular region shall be filed at the Regional Office concerned. All new applications involving routes traversing two or more regions (inter- regional) shail be filed at the Central Office SECTION 2, Where to File Complaints - Any aggieved party may file @ complaint for any violation of the terms and conditions of the CPC al the Regional Olfice where the CPC was issued or at the Central Office, SECTION 3. Where fo File Any Other Relief, — For relief not covered by the areceding section, the concerned party may fle a peliion before the Central Office or Regional Office which rendered the decision, resokton, order or reguations subject of the petton SECTION. 4, Petition for Fare Adjustment. ~ Any pelition for fare adjustment ‘which will be made applicable nationwide shall be filed before the Central Office and shall be heard by the Board en banc. Petitions for Fare Adjustment which shall be made applicable only within a certain region may be filed at the concerned Regional Orfice. However, the resolution thereof should be forwarded to the Board en banc for approval [UVF REVICED RULES GF PRRETICE AND PHOCEOURE BEFORE TIC [LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARO Page 3 of 25, Republi of the Phipps id Communications ING AND REGULATORY BOARD Yt Ae mean RULE 4— PLEADINGS SECTION 1. Pleadings allowed. - The pleadings allowed by these Rules are application, complaint, petition, opposition, answer, and such other pleadings as the Board may allow. All pleadings shall be in English or Filipino, typewstten or printed as to be ssufciently legible, double-spaced on legal size white bond paper, in five (5) copies, filed ‘and retained with the Receiving and Assessment Section of the Technical Evaluation Division, Central Otfice or the Receiving Unit of the Regional Offices. Every pleading shall contain in a methodical and logical form, a plain, concise ‘and direct statement ofthe ultimate facts on which the party bases his claim or defense, as the case may be, In cases of application for the issuance of new CPC or any pelition for franchise changes, the description of the unit’s applied for shall be indicated in the said pleading, The complete name of the parlies and their addresses must be stated in all pleadings. Failure to state the correct and complete address shall be a ground for

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