After dialogues held with stakeholders and to clarify the imposition of penalties under DOTC No. 2008-39, the following rules are hereby promulgated for the observance of all concerned, effective immediately:

1. The fines/penalties under the revised fees and charges contained in aforecited department order shall be applied prospectively.

2. Violations committed before the start of implementation of said department order on March 2, 2009 shall be penalized under D.O. No. 93-693 series of 1993, and shall not be included as part of the computation of the number of times a violation has been committed, in order to arrive at the proper fine/penalty to be settled.

Previous orders/memoranda in conflict herewith are hereby modified and/or superseded accordingly.

For guidance and strict compliance.

Adopted: 31 Mar. 2009

(SGD.) ARTURO C. LOMIBAO
Assistant Secretary