(NAR) VOL. 19 NO. 2 / APRIL - JUNE 2008

[ LTFRB, May 17, 2008 ]

PETITIONS/APPLICATIONS FOR FARE INCREASE AND/OR ADJUSTMENTS



IN THE MATTER OF: 
  
Petitions/Applications for Fare jpcrease and/or Adjustments, 
  
Federation of Jeepney Operators and Drivers Association in the Philippines (FEJODAP), et. al.Case No. 2007-1798
  
Pagkakaisa ng rnga Samahan ng Tsuper at Operators Nationwide (PISTON)Case No. 2007-2102
  
Provincial Bus Operators Association of the Philippines (PBOAP) and Southern Luzon Bus Operators Association (SOLUBOA)Case No. 2007-1941
  
INTEGRATED METRO BUS OPERATORS ASSOCIATION, INC. (IMBOA), et. al.Case No. 2007-3235
  
And 
  
Petition for Fare Reduction, 
  
SANTRANS, Severino Santos, Luzon Bus, Inc., et. al.Case No. 2008-0369
  
Petitioners. 


CONSOLIDATED ORDER

For the Board's judicious resolution are the following:
  1. Petition for Fare Hike with Prayer for Provisional Increase of Fare for Public Utility Jitney Services in Metro Manila, Regions HI and IV and inter-regional routes nationwide filed by FEJODAP Et, Al. docketed under Case No. 2007-1798 on October 11,2007 praying for an increase in the amount one peso and fifty centavos (PhP1.50) for the first four (4) kilometers and additional fifty centavos (PhP.50) for every succeeding kilometer, thus resulting in a proposed fare rate of Nine Pesos (PhP9.00) for the first four kilometers and One Peso and Seventy Five Centavos (PhP1.75) for every succeeding kilometer.

    FEJODAP, et. al.'s petition was set for hearing on November 9, 2007. Petitioners, through their counsels appeared and presented proof of compliance with the jurisdictional requirements. The public was represented by the Office of the Solicitor General. Antonio

    Baltazar and Commuters and Consumers Advocates of the Philippines interposed their respective opposition to the Petition.

    The petition was, however, held in abeyance due to the roll back of oil price that implemented at that time. Also, a transport summit was convened to find solution order to mitigate the continuous increase of oil prices in the world market and other problems encountered by the land transport sector.

    An Urgent Motion to Revive Petition for Fare Hike with Urgent Prayer for Provision Increase of Fare was filed by petitioners on March 25, 2008.

  2. Petition for Fare Hike for Public Utility Jitney Services in Metro Manila, Regions III and IV and inter-regional routes nationwide filed by PAGKAKAISA NG MGA SAMAHAN NG TSUPER AT OPERATORS NATIONWIDE (PJSTON), and docketed under Case No. 2007-2102 on October 26, 2007 praying for an increase r the amount of One Peso (PhP 1.00) for the first four (4) kilometers and additional Twenty Five centavos (PhP.25) for the succeeding kilometer, thus resulting in a proposed fare rate of Eight Pesos and Fifty Centavos (PhP8.50) for the first four kilometers and One Peso and Fifty Centavos (PhP1.50) for every succeeding kilometer.

    The PISTON'S Petition was set for hearing on November 22, 2007. Petitioner, through its representative Juanito Ranjo and counsel appeared and presented compliance with the jurisdictional requirements. The public was represented by the Office of the Solicitor General. Antonio Baltazar interposed his opposition to the Petition.

    As in the case of FEJODAP, PISTON'S petition was also held in abeyance for the same reasons.

  3. Joint Application of the Provincial Bus Operators Association of the Philippines (PBOAP) and Southern Luzon Bus Operators Association (SOLUBOA) for the Adjustment of Fare for PUB Ordinary Service was filed on October 17, 2007, and docketed under Case No. 2007-1941, praying for an increase in the amount of One Peso and Fifty Centavos (PhP1.50) for the first five (5) kilometers and additional Twenty Centavos (PhP.20) for every succeeding kilometer, thus resulting in a proposed fare rate of Ten pesos (PhP 10.00) for the first five (5) kilometers and One Peso and Fifty. Centavos (PhP1.50) for every succeeding kilometer

    The Joint Application was set for hearing on November 16,2007. Applicants, through their respective counsel, appeared and presented proof of compliance with the jurisdictional requirements. The public was represented by the Office of the Solicitor General. Antonio Baltazar interposed his opposition to the Joint application.

    Joint Motion to Withdraw Application was filed by PBOAP and SOLUBOA on February 6,2008.

    However, on April 16,2008, PBOAP and SOLUBOA filed another Joint Application for the Adjustment of Fare for PUB Ordinary Service praying for an increase in the amount of Three Pesos and Fifty Centavos (PhP3.50) for the first five (5) kilometers and additions Thirty Centavos (PhP0.30) for every succeeding kilometer, thus resulting in a proposed fare rate of Twelve Pesos (PhP12.00) for the first five (5) kilometers and one Peso and Sixty Centavos (PhP1.60) for every succeeding kilometer. The Second Joint Application was set for hearing on May 6,2008.

  4. Consolidated Petition for Fare Rate Revision with Prayer for Provisional Increase 4 Pendete Lite was filed on October 16, 2007 by INTEGRATED METRO BUS OPERATORS ASSOCIATION, INC. (IMBOA) et. al. for PUB Ordinary/Regular Service within Metro Manila and docketed under Case No. 2007-1859, praying for an increase in the amount Two Pesos and Fifty Centavos (PhP2.50) for the first four (4) kilometers and additional Thirty Five centavos (PhP0.35) for every succeeding kilometer, thus resulting in a proposed fare rate of Ten Pesos and Fifty Centavos (PhP10.50) for the first four (4) kilometers and two pesos and Ten Centavos (PhP2.10) for every succeeding kilometer

    The Consolidated Petition was set for hearing on November 15,2007, and petitioner through counsel presented proof of compliance with the jurisdictional requirements. The public was represented by the Office of the Solicitor General. Antonio Baltazar interposed his opposition to the Consolidated Petition.

    An Amended Petition was filed by the petitioners on November 16, 2007 praying for an increase in the amount of Two Pesos and Fifty Centavos (PhP2.5Q) for the first five (5) kilometers and additional Thirty Five centavos (PhP0.35) for every succeeding kilometer, thus resulting in a proposed fare rate of Ten Pesos and Fifty Centavos (PhP10.50) for the first five (5) kilometers and Two Pesos and Ten Centavos (PhP2.10)for every succeeding kilometer. An Urgent Ex-Parte Motion to withdraw Petition to Fare Revision was also filed by SANTRANS, SEVERINO SANTOS, LUZON BUS, INC., ef. at. on February 20, 2008.

  5. Petition for Fare Rate Revision was filed by INTEGRATED METRO BUS OPERATORS ASSOCIATION, INC. (IMBOA) Et Al. for PUB Air-Conditioned Service within Metro Manila docketed under Case No. 2007-3235 on December 18, 2007 praying for an increase in the amount of Four Pesos (PhP4.00) for the first four (4) kilometers or in the alternative in the amount of Seven Pesos and Fifty Centavos (PhP7.50) for the first five (5) kilometers, thus resulting in a proposed fare rate of Fourteen Pesos lPhP14,00) for the first four (4) kilometers or in the alternative in the amount of Seventeen Pesos and Fifty Centavos (PhP17.50) for the first five (5) kilometers. Noticeably, there was no prayer for increase of fare rate for the succeeding kilometer

    An Urgent Ex Parte Motion to Resolve was filed on March 26, 2008.

  6. Petition for Fare Reduction was filed by SANTRANS, SEVERINO SANTOS, LUZON BUS, INC. et. al., grantees of CPC operating within North East Part of Manila (Sapang Palay) on February 12, 2008 praying for the reduction of authorized fare by thirty percent (30%). and on the part of elderly, disabled, and students, the thirty Percent (30%) shall be reduced base on the authorized fare as reduced by twenty percent (20%). This Petition was heard on April 24, 2008.
The Board is heedful of the present economic state of every Filipino which is brought about by the continuous rise of oil prices in the world market. Although the impact thereof as slightly and temporarily deterred by the steady performance of the Peso - Dollar exchange rate, the eventual and uncontrollable effect on the prices of oil/fuel in the dome market became evident and has resulted in an almost weekly price increase. Stic

As the Board recognizes the plight of every Filipino people in this time of cris, it cannot thus be insensitive to the present clamor of stakeholders in public land transportation services for necessary action for fare rates. The Board proceeded to carefully balance the rights of the riding public who are mostly dependent on the public transport system vis-a- vis the right of grantees of Certificates of Public Convenience to a reasonable return of investment.

The Board has also taken into consideration the special economic structure of th residents of the Sapang Palay ResettlementArea who are mostly low income workers and informal settlers in connection with the Petition for Fare Reduction filed by SANTRAMs SEVERINO SANTOS, LUZON BUS, INC. Et.AI., praying for the reduction by thirty percent (30%) of their present authorized fare rate, and a 20% discounted rate for the elderly, disabled, and students, based on the authorized fare as reduced by twenty percent (20%)

IN VIEW OF ALL THE FOREGOING, and by virtue of Sec. 16 (c) of CA146, otherwise known as Public Service Act, as amended, and finding that public service and convenience will be best served, the Board hereby resolved to ISSUE this PROVISIONAL AUTHORITY to increase/adjust fare rates, subject to the following terms and conditions:
  1. Public Utility Jitney (PUJ) service NATIONWIDE are provisionally authorized to increase fare in the amount of Fifty Centavos (PhP0,50) for the first four (4) kilometers, but no increase in the succeeding kilometer/s. Thus, resulting in the provisional fare of Eight Pesos (P8.00) for the first four (4) kilometers in NCR, Region Ell and IV. In all other regions, the provisional fare increase of Fity Centavos (PhP0.50} shall be added to their present fare rate for the first four (4) kilometers.

  2. Public Utility Bus (PUB) Regular/Ordinary Service operating within the Mega Manila area are provisionally authorized to increase fare in the amount of One Peso (PhPf.00) for the first five (5) kilometers, but no increase in the succeeding kilometer/s. Thus, resulting in the provisional fare of nine pesos (P9.00) for the first five (5) kilometers.

  3. Public Utility Bus (PUB) Air-Conditioned Service operating within the Mega Manila area are provisionally authorized to increase fare in the amount of One Peso and Fifty Centavos (PhP1.50) for the first five (5) kilometers, but no increase in the succeeding kilometer/s. Thus, resulting in the provisional fare of eleven pesos (P11.00) for the first five (5) kilometers.

  4. Public Utility Bus (PUB) Provincial Regular/Ordinary Service are provisionally authorized to increase fare in the amount of fifty centavos (P0.50) for the fi five (5) kilometers and additional ten centavos (P0.10) fare for every succeeding kilometer. Thus, resulting in the provisional fare of nine pesos (P9.00) for the first i (5) kilometers and one peso and forty centavos (P1.40) for every succeeding kilome

  5. Public Utility Bus (PUB) Provincial Air-Conditioned Service operators are provision ay authorized to increase fare in the amount of Twenty Five Centavos (PhP 0.25) fare for every kilometer. Thus resulting in the provisional fare as follows:

    Regular Air-Conditioned Bus - P 1.60/km

    Deluxe Air-Con Bus - P1.70/km

    Super Deluxe Air-Con Bus - P1.80/km

    Luxury Air-Con Bus - P 2.25/km

  6. Public Utility Bus (PUB) Service operating in the Sapang Palay area are provisionally authorized to provide fare discount of not more than twenty percent (20%) of their approved authorized fare rate EXCLUSIVELY for passengers originating from, and whose point of destination is SAPANG PALAY/BACLARAN.

  7. AM public land transportation services are directed to grant to qualified senior citizens utilizing their services a fare discount of not less than 20% of the approved provisionally increased/discounted fares upon presentation of their senior citizen identification card.

  8. Students are entitled to a student fare discount of not less than 20% of the approved provisionally increased/discounted fares EVERYDAY, during school days, upon presentation of their ID cards or registration cards, both duly validated by their schools, bearing their pictures with their names and schools therein indicated.

  9. The fare discount of not less than 20% of the approved provisionally increased/ discounted fares shall also apply to disabled persons.

  10. All PUV operators shall post a Notice of Provisional Fare Increase inside their public utility vehicles that would be conspicuously seen by the riding public.

  11. No payment for Increase of Rate and revision of Fare Matrix shall be imposed and/or collected until the Board so ordered the final fare rates structure.

  12. In the imposition of the provisional fare, grantees of Certificate/s of Public Convenience concerned shall comply with the rules and regulations of the Board, the provisions of the Public Service Law (C.A. 146), as amended, and also the requirements for public transport services.

  13. The PROVISIONAL AUTHORITY to Increase/Reduce Fare Rates shall be effective starting May 21,2008 at 1:00 o'clock in the morning until full and final disposition of the above Petitions for Fare Adjustment/Increase/Reduction, or unless modified/revoked and/or cancelled by the Board.
SO ORDERED.

Adopted: 17 May 2008

(SGD.) THOMPSON C. LANTION
Chairman

(SGD.) GERARDO A. PINILI
(SGD.) MA. ELLEN DIRIGE-CABATU
Board Member
Board Member


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