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(NAR) VOL. 26 NO. 2/ APRIL - JUNE 2015

[ LTFRB Memorandum Circular No. 2015-017, May 28, 2015 ]

IMPLEMENTING GUIDELINES ON THE ACCEPTANCE OF APPLICATIONS FOR A CERTIFICATE OF PUBLIC CONVENIENCE TO OPERATE A TRANSPORTATION NETWORK VEHICLE SERVICE



Adopted: 28 May 2015
Date Filed: 01 June 2015

Pursuant to Department Order No. 2015-11 (Re: Further Amending Department Order No. 97-1097 To Promote Mobility), the following guidelines for the Acceptance of Application for the Issuance of a Certificate of Public Convenience (CPC) to Operate a Transportation Network Vehicle Service are hereby promulgated:

A) REQUIREMENTS

1.
The following are the requirements for the Applicant:



a)
5 copies of Verified Application;
b)
Photocopy of Proof of Filipino Citizenship/Articles of Incorporation;
c)
Photocopy of Proof of Good Standing with a Transportation Network Company (TNC);
d)
Photocopy of Passenger Insurance Policy issued by the Board’s accredited insurance providers;
e)
List of TNVS Drivers and TNVS vehicles;
f)
2 Copies of Operator's Data Sheet with recent 2x2 picture;
g)
Accomplished Copy of Statement of Financial Capability Form and proofs of entries thereof;
h)
Income Tax Return duly filed with the Bureau of Internal Revenue (BIR) or BIR Certificate of Registration;
i)
Certificate of Business Name issued by the Department of Trade and Industry;
j)
Location Map of garage or address of operator.



2.
The following are the requirements for the Applicant’s Driver/s:



a)
Proof of Accreditation of the Driver by a TNC;
b)
Proof that driver is a holder of professional driver’s license;
c)
Clearance of the driver/s issued by the National Bureau of Investigation; and,
d)
Clearance of the driver/s issued by the Philippine National Police.



3.
The following are the requirements for the Applicant’s vehicle/s;



a)
Proof of Accreditation of the Vehicle by a TNC; and,
b)
Certificate of Registration and Official Receipt of proposed unit/s with year model issued by the Land Transportation Office (LTO) or Delivery Receipt/Sales Invoice.


For this purpose, the Application may be accepted provided the citizenship requirement, proof of good standing with a TNC, and proof of accreditation of the vehicle are submitted. Photocopies of the required documents may be accepted at the time of filing of the Application; but original copies thereof shall be presented at the time of the hearing for verification and authentication purposes.

B) FILING FEE

The Filing Fee of each Application shall be Five Hundred Ten Pesos (Php510.00) for the first two (2) applied units and Ten Pesos (Php10.00) as Legal Research Fee. An additional Seventy Pesos (Php70.00) per unit shall be paid in excess of first 2 applied units.

C) PROVISIONAL AUTHORITY

A Provisional Authority (PA) may be issued for a period of forty-five days upon acceptance of the Application as a transition period for this type of service, provided a photocopy of the passenger insurance policy is submitted.

An additional amount of Two Hundred Sixty Pesos (Php260.00) shall be paid by the applicants if they pray for the issuance of PA in the Application or in a separate motion.

D) VALIDITY OF THE CPC

The CPC shall be valid for one year and may be renewed. Its validity and renewal shall be dependent on the good standing of the operator or driver with the TNC. In the event that the operator or driver is certified as no longer in good standing by the TNC during the validity of the CPC, the grantee shall be issued Show Cause, and Cease and Desist Orders.

E) ACCEPTANCE BY THE REGIONAL OFFICES

The Regional Franchising and Regulatory Offices of this Board may accept and approve Applications of this type including issuance of PA, subject to compliance with jurisdictional authority. However, all applications, proposing to operate within or touching Metro Manila, shall be filed at the Central Office.

Any motor vehicle owner found violating the provisions of Item No. 4 of Department Order No. 2015-11 and this Circular shall be penalized in accordance with the provisions of Joint Administrative Order No. 2014-001 and other existing issuances.

All other issuances inconsistent herewith are deemed modified or superseded accordingly.

This Memorandum Circular shall take effect immediately following its publication in at least one newspaper of general circulation. Let three (3) copies hereof be filed with the UP Law Center pursuant to Presidential Memorandum Circular No. 11, dated 09 October 1992.

SO ORDERED. 28 May 2015

(SGD) ATTY. WINSTON M. GINEZ, CPA
Chairman
 
(SGD) ENGR. RONALDO F. CORPUS
(On Official Leave)
ATTY. ANTONIO ENRILE-INTON, JR.
Board Member
Board Member


Attested by:
 
(SGD) ATTY. ROBERTO P. CABRERA III
Executive Director
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