Supreme Court E-Library
Information At Your Fingertips

The significant contribution given by Overseas Filipino Workers (OFWs) to uplift the country’s economic situation has been repeatedly recognized by the government. In fact, OFWs have been regarded as the nation’s new heroes (bagong bayani) as they withstand the anxiety of being separated from their families to seek better opportunities abroad. In recent years, however, many countries have suffered from the global financial crisis which led to the closure of businesses even by the most established firms. The turn around of events have resulted in many of our OFWs being displaced or terminated from employment. While some may be fortunate to find another work abroad, there are quite a number of OFWs who were forced to return back to the country with no employment to look forward to.

Given the continuing demand for public land based transport service, and in line with the government’s program to provide economic support to displaced OFWs as they continue to assist their families, the Board deems it necessary to come up with a program exclusively for OFWs who may opt to engage in providing transport services to the public as a source of income. Thus, pursuant to Section 5 (i) and (k) of Executive Order No. 202 which gives the Board the power to promulgate rules and regulations appurtenant to public land based transportation services, the Board hereby allows the opening of airconditioned taxi service exclusively to qualified OFWs within the National Capital Region under the following terms and conditions:

1. The Board allows a total of ONE THOUSAND (1,000) units for this Program.

2. New applications under this program shall have a maximum number of Two (2) Units per OFW.

3. The taxicab units to be applied for/used shall be:

- Brand new units – unused and year model is the current year or year before the application is filed;

- Four (4) door sedan or wagon, but mini and/or compact models or smaller shall not be allowed. It must have comfortable leg room for the maximum of five passengers- including driver, sufficient luggage compartment, and with the following minimum dimensions:

- Overall Length, Width, and Height – mm 4280 x 1695 x 1470

- Wheelbase – 2500 mm

- Overhang – rear 940mm

- White in color;

- Equipped with BIR accredited taxi meter-issuing receipts with at least three (3) year memory;

- And such other conditions which may be issued by this Board from time to time.

4. The taxi units to be authorized shall adopt a taxi sequence coding system in accordance with the following specifications:

4.1 Taxi Sequence Code Color- RED

- Height/Vertical Length – 6 inches

- Width/Horizontal Length – 3 inches

- Thickness/Linear Extent (side to side) – 1 inch

4.2 The assigned sequence code shall start with the control number and end with the letters NCR (for easy reference) and shall be place on:

- 1^st Body Code Marking – Middle portion of the left rear door

- 2^nd Body Code Marking – Middle portion of the right rear door

- 3^rd Body Code Marking – Top Center portion on the rear glass

4.3 No other body numbers shall be allowed on above Body Code Markings.

4.4 The permanent body reference code shall be indicated in the Decision granting the application and shall be properly marked in the taxi units during the scheduled inspection.

5. Apart from the usual documentary requirements for application for Certificate of Public Convenience, the applicant shall submit the following:

- Income Tax Receipt (ITR) for the immediately past three years

- OWWA/POEA Certification/Indorsement

- OWWA/POEA ID

- Photocopy of OFW Contract

- Valid Passport of Applicant

- The applicant shall have at least PESOS: ONE HUNDRED THOUSAND (P100,000.00) cash in bank/on hand or other tangible assets

6. In case the OFW applicant is abroad, he/she may be represented by an immediate family member which shall be limited to any of the following: spouse, children, and parents. Documentary proof evidencing relationship should be submitted such as NSO-issued Birth or Marriage Certificate.

7. The applicant must submit proof of the existence of a garage with the corresponding Barangay Clearance and Mayor’s permit.

8. Aside from the regular filing fees to be assessed by the LTFRB-NCR, an additional fee under this Program in the amount of TEN THOUSAND PESOS (PhP10,000.00) per unit shall be assessed and paid/collected before the application is accepted and considered as filed.

9. If the required documents are in order and after payment of the required fees, the applicant shall be allowed to file the application with the LTFRB-NCR Receiving Unit. Thereafter, the application shall be forwarded to the Docket Section for pre-docketing purposes.

10. The Docket Section shall forward the application to the Legal Section for issuance of Notice of Hearing which shall be published once in a newspaper of general circulation at least TEN (10) DAYS prior to the date of hearing.

No Second or Subsequent Notice of Hearing and/or re-setting shall be allowed.

11. On the date of hearing, applicant shall submit proof of publication and other supporting documents.

- While the applicant is not compelled to purchase these units prior to or at time of filing of the application/petition, said applicant must submit, by way of supporting document/s, any of the following: Pro Forma Sales Invoices, or documents evidencing commitment or to acquire the units or placement of order to acquire the units which has been approved by the dealer.

- Failure of applicant to appear and formally offer evidence in support of the application, and/or to submit proof of notice to the operator concerned shall cause the outright dismissal of the application.

- Only written opposition, if any, shall be entertained during the hearing The oppositor must submit documentary proof to show legal standing to oppose the application. No Motion for Extension of Time to File Opposition shall be allowed.

12. Within ten (10) days from the scheduled date of hearing, the Legal Section shall submit to the Regional Director its recommendation on the application.

13. Within forty-five (45) days from receipt of the recommendation of the Legal Section on the application, the Regional Director shall schedule the presentation and inspection of the entire units subject of the application. A written notice shall be sent to the applicant on his/her address on record. Failure of applicant to present and have the units inspected on the date scheduled shall cause the dismissal of the application with prejudice. All payments made in connection with the petition/application shall be deemed forfeited in favor of the government. No Motion for Extension of Time to present the units for inspection shall be allowed and/or entertained.

14. No Motion for Reconsideration pertaining to the Dismissal Order relative to the processing of the application/petition under this Program shall be allowed and/or entertained.

15. No Sale and Transfer of the CPC issued under this Program shall be allowed within FIVE (5) YEARS from issuance/grant thereof. Any sale and transfer made within the five-year prohibitive period shall be construed as a violation of the terms of the franchise and shall cause the automatic cancellation of the CPC.

All other 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 Presidential Memorandum Circular No. 11, dated 09 October 1992.

SO ORDERED.

(SGD.) ATTY. JIMMY G. PESIGAN
  Chairman

(SGD.) ENGR. GERARDO A. PINILI
  Board Member

(SGD.) ATTY.MARIA ELLEN DIRIGE-CABATU, CPA
  Board Member