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(NAR) VOL. 29 NO. 1/ JANUARY - MARCH 18

[ MEMORANDUM CIRCULAR NO. 2018-001, January 10, 2018 ]

ALLOWING CONDITIONAL CONFIRMATION OF UNITS FOR CPCS UNDER REVIEW WITH THE NATIONAL CAPITAL REGION (NCR)



Adopted: 09 January 2018
Date Filed: 10 January 2018


WHEREAS, on 02 February 2017, the Board issued Office Order No. 2017- 037  directing  the  LTFRB-NCR  to  review  Certificates  of  Public  Convenience (CPC) in its record;

WHEREAS,  on 05 April 2017, the Board issued Memorandum  Circular No. 2017-11 directing the LTFRB-NCR  to Review CPCs with modification/amended routes;

WHEREAS,  on 05 April 2017, the Board issued Memorandum  Circular No. 2017-008  allowing conditional  confirmation  of units with dismissed  applications, suspended or cancelled CPCs with timely filed Motion for Reconsideration;

WHEREAS,  pursuant  to the  above  issuances  and  directives,  the  LTFRB- NCR has conducted and is still conducting hearings of cases with initial findings of inconsistencies  with the policies of the Board in line with the review and as part of due process;

WHEREAS, an initial report of cases subject of the review has already been submitted  by the LTFRB-NCR  and is still for deliberation  and consideration  by the Board;

WHEREAS, in view of the hearing of said cases, the confirmation and registration of the units subject of the CPCs under review have been held in abeyance  by  the  LTFRB-NCR  to  avoid  any  conflict  in  the  outcome  of  the deliberation by the Board of the findings of these cases;

WHEREAS, 
taking into consideration  the time needed to thoroughly  review and deliberate these cases, there lies sufficient basis to conditionally allow the confirmation and eventual registration of the units under the cases in review,

NOW THEREFORE,  for and in consideration  of the foregoing premises, the Board hereby ALLOWS CONDITIONAL CONFIRMATION OF UNITS under the cases in review by the LTFRB-NCR subject to the following guidelines:
  1. The conditional confirmation shall cover only units under the cases in review by the LTFRB-NCR.

  2. LTFRB-NCR shall ensure the stamping on the confirmation copy/print-out to be given to the operator the condition that the confirmation  of the unit shall be  further  subject  to the  outcome  of the  review  being  undertaken  by  the Board  on  the  CPCs  with  initial  findings  of  inconsistencies   with  existing policies of this Board and to the guidelines set forth in this MC.

  3. The conditional confirmation  of the unit shall not in any manner prevent the Board to eventually suspend/revoke/cancel  the CPC involve as it may deem proper after thorough review.

  4. Should the subject CPC where the unit is included be revoked/cancelled,  the confirmation and registration of the unit involved shall likewise be revoked/cancelled.  The operator  shall cause the dropping  of said unit and shall surrender the “for hire” plates to the LTFRB-NCR for proper recording. The LTFRB-NCR shall likewise inform the Land Transportation  Office (LTO) of the decision of the Board for proper disposition of the unit concerned.

  5. Should  the  operator  continue  in  the  operation  of the  unit  as  public  utility despite the revocation or cancellation of the CPC, the vehicle shall be considered  as  “colorum”  and  shall  be  impounded  immediately  subject  to existing fines and penalties. The existing policies with respect to “colorum” vehicles shall likewise be applied.
All issuances or parts thereof inconsistent herewith are hereby modified, amended, or superseded accordingly.

This   Memorandum   Circular   shall   take   effect   immediately   following   its publication in a newspaper of general circulation and the filing of three (3) copies hereof with the UP Law Center pursuant to Memorandum Circular No. 11, dated
09 October 1992.

SO ORDERED.

Quezon City, Philippines 09 January 2018.

(SGD) ATTY, MARTIN B. DELGRA, III
Chairman


(SGD) ENGR. RONALDO F. CORPUS
Board Member
(SGD) ATTY. AILEEN LOURDES A. LIZADA
Board Member


Attested by:

(SGD) ATTY. CARL SHA JEMIMAH F. MARBELLA
Officer-in-Charge
Office of the Executive Director
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