(NAR) VOL. 6 NO. 2 / APRIL - JUNE 1995
Rule I
Objectives
It shall be the policy of the state to promote and professionalize the domestic freight forwarding industry through a system of registration and accreditation; and establish an environment conducive to the growth of the industry.
Rule II
Coverage
All persons or entities engaged in domestic freight forwarding services as defined in this MOU; provided that the registration and accreditation of all persons or entities engaged in domestic air freight forwarding services shall remain vested with the CAB.
Rule III
Definition of Terms
Rule IV
Requirements for Registration/Accreditation
Rule V
Processing of Application
SECTION 1. When Application for Registration/Accreditation is Considered Filed - An application for registration/accreditation shall be considered filed only, upon submission of all documentary requirements and payment of filing and processing fee in the amount of P3,000.00 per application.
SECTION 2. Action on the Application - Within fifteen (15) working days from receipt of the application, the PSB Registration and Accreditation Division shall evaluate pertinent documents and inspect the offices and equipment of the applicant.
SECTION 3. Inspection Procedures -
SECTION 4. Approval of Application - All applications for registration/accreditation shall be submitted to the Registration and Monitoring Committee (RMC) for approval.
SECTION 5. Issuance of Registration/Accreditation Certificate and RMC ID - The RMC, through the PSB Director, shall issue the corresponding registration/accreditation certificate and RMC ID after the applicant's satisfactory compliance with the requirements set forth in these Rules.
Rule VI
Reglementary Periods
SECTION 1. Validity of Certificate of Registration/Accreditation - The Certificate of Registration/Accreditation issued pursuant to these Rules, shall be valid for two (2) years from the date of issue, unless sooner canceled or suspended by the Committee, upon recommendation by the PSB for violation of these Rules or non-compliance with certain requirements set forth in these Rules.
SECTION 2. Renewal of Registration - Forty-five (45) calendar days before the expiry date of the certificate, all covered entities shall submit an application for the renewal thereof, to the PSB Registration and Accreditation Division; such application shall be supported by a minimum requirement to be determined by the RMC. Renewal applications filed not later than fifteen (15) working days expiry date shall be charged P4,500.00; those applications filed after fifteen (15) days before expiry date and applications of entities which were previously delisted, shall be charged P6,000.00, instead of the usual P3,000.00 filing and processing fee.
SECTION 3. Automatic Registration/Accreditation - All applications for registration/accreditation, whether original or renewal, shall be processed within a period of twenty-one (21) working days, reckoned from the date of filing; after the lapse of the said period and no action has been taken on the application or the processing thereof has not been completed, the application shall be deemed approved and the applicant shall be entitled to the issuance of certificate of registration/accreditation.
Rule VII
General Provisions
SECTION 1. Cancellation, Revocation or Suspension of Certificate of Registration/Accreditation - A certificate of Registration/Accreditation may be canceled, revoked or suspended for violation of these rules and regulations in accordance with Rule VIII.
Transfer or change of ownership of a single proprietorship duly registered pursuant to these Rules, shall cause the automatic revocation of the Certificate. The new owner shall be required to apply for a Registration in accordance with these Rules.
A change in the relationship of the partners in a partnership duly registered in accordance with these Rules, which materially interrupts the course of the business or results in the actual dissolution of the partnership, shall likewise cause the automatic revocation of the certificate.
SECTION 2. Non-Transferability of Certificate - No certificate shall be transferred, conveyed or assigned to any person, partnership or corporation. It shall not be used directly or indirectly by any person, partnership or corporation other than the one in whose favor it was issued.
SECTION 3. RMC Identification Cards - There shall be issued Personnel Identification Cards to official representatives of accredited entities, who are authorized to transact business in their behalf. Accredited freight forwarders shall submit the names and passport-size ID photos of their authorized representatives. Each ID Card, which will be valid for two (2) years, shall be charged by PSB a processing fee of P100.00.
SECTION 4. Change of Directors and Company's Operations Manager or Chief Operating Officer - Every change in the composition of the Board of Directors of a corporation duly registered pursuant to these Rules, shall be registered with the PSB Registration and Accreditation Division within thirty (30) days from the date the change was decided or approved. Resignation or termination of services of company's operations manager or chief operating officer must be reported immediately to the PSB within five (5) days from the date the resignation or termination occurred.
SECTION 5. Failure to Renew - All covered entities, which fail to renew their registration shall, upon expiration and after proper notification, be immediately delisted and disallowed from conducting business as a domestic seafreight forwarder.
SECTION 6. Monthly List of Accredited Entities - The list of accredited entities shall be kept and updated in regular intervals by the Registration and Accreditation Division and shall be copy furnished the airlines, shipping lines, the party signatories to the MOU and other government agencies which need a copy of such list.
Rule VIII
Procedures in the Monitoring of Activities of Accredited Entities
This Rule shall apply to the monitoring of activities as well as in the suspension and/or cancellation of registration/accreditation of all PSB accredited domestic freight forwarders, non-vessel operating common carriers, cargo consolidators and breakbulk agents found to have violated this Rule.
SECTION 1. Gathering of Information/Data - The Registration and Accreditation Division (RAD) of PSB shall gather data and information relative to the activities of all accredited entities for the purpose of assessing their compliance with the requirements for registration/accreditation as provided for in the existing rules and regulations. The sources of data and information shall include, but not limited to, the following:
SECTION 2. Evaluation of Information/Data - The data/information shall be evaluated to determine whether there exists a probable cause to proceed with the investigation.
SECTION 3. Grounds for Cancellation - Any of the following shall constitute as ground for cancellation of the certificate of registration/accreditation:
SECTION 4. Grounds for Suspension - Any of the following shall constitute as ground for suspension of the certificate of registration/accreditation:
SECTION 5. Preliminary Conference/Meeting with Parties Concerned - Upon determination that a probable cause exists, a preliminary conference shall forthwith be conducted to be presided by the investigating officer assigned by the PSB Director. A notice of meeting shall be sent to all interested parties.
SECTION 6. Minutes of Proceedings/Meetings - Minutes of Meetings shall be prepared by the investigating officer and copy furnished the parties concerned.
SECTION 7. Recommendation - Within five (5) days after the preliminary conference, a recommendation containing the findings shall be submitted to the RMC for deliberation. The RMC shall decide the case by majority vote.
SECTION 8. Referral - Matters which are not within the jurisdiction of the PSB/RMC, shall be referred to the appropriate government agency for final ruling. If, upon referral and/or RMC deliberation, there exists probable cause to proceed against the respondent-entity, a formal charge shall be filed against it. The case shall be entitled: In the matter of cancellation and/or suspension of Certificate of Registration/Accreditation of (name of company).
SECTION 9. Notice to Respondent Entity - The case shall be docketed and a corresponding order, together with the copy of the complaint, shall be sent the respondent entity, requiring the latter to answer within ten (10) days, otherwise, judgment of default shall be issued against it.
SECTION 10. Filing of Answer - Within the period indicated in the preceding section, the respondent shall file a verified answer incorporating therein all pertinent documents in support of its defense.
SECTION 11. Waiver - If respondent fails to file its answer and pertinent documents within the specified period, or fails to appear during the preliminary conference, it is deemed to have waived its right to present evidence and the case shall be heard ex parte.
SECTION 12. Summary Judgment - If, on the basis of the pleadings/evidence on record, and after the preliminary conference, the RMC finds that there is sufficient ground to render judgment, it shall consider the case submitted for resolution.
SECTION 13. Judgment Based on Position Papers - Whenever summary judgment is not appropriate, the RMC shall refer the case to the investigating officer, who shall require the parties to simultaneously submit position papers and/or memoranda within (10) days from notice, after which, the case shall be considered submitted for resolution.
SECTION 14. Investigation Procedures - Where the investigating officer finds that there are complicated factual issues involved, which cannot be resolved through position papers and/or memoranda, he shall conduct the investigation by requiring the parties to submit affidavits. He may, if necessary, direct the parties to appear before him to answer clarificatory questions. For this purpose, he may allow the parties to submit suggested written clarificatory questions that may be propounded to the parties concerned.
SECTION 15. Resolution of the Case - The investigating officer, after evaluation of the evidence offered by the parties, shall submit his findings and recommendations to the RMC for resolution.
SECTION 16. Finality of Decision/Appeal - The decision shall become final and executory after fifteen (15) days from receipt thereof by the party adversely affected, unless an appeal is made to the Secretary of Trade and Industry within the said period. The decision of the Secretary may be appealable by administrative appeal to the President or by judicial review to the Court of Appeals within fifteen (15) days from receipt thereof by the party adversely affected.
Rule IX
Effectivity
These order shall take effect fifteen (15) days following its publication in a newspaper of general circulation.
Adopted: 22 May 1995