(NAR) VOL. 29 NO. 1/ JANUARY - MARCH 18
1.1 Article IV, Section 6, b (iv), (ix) of P.D. No. 5872. SCOPE
1.2 Article VII, Sections 19 and 20 of PD 857
1.3 Board Resolution No. 2675 dated January 29, 2018
3.1 To prescribe a standard and uniform formula as well as procedures in CH tariff adjustment.4. HEARING PANEL
3.2 To adopt a real time assessment of the adjustment of CH tariff.
3.3 To ensure integrity and accuracy in the application of adjustment of CH tariff.
3.4 To define explicit roles of concerned parties in the evaluation of CH tariff adjustment.
3.5 To establish time line in processing the petitions for CH tariff adjustment.
3.6 To ensure transparency and comprehensive deliberation during the conduct of public hearing for adjustment in CH tariff.
3.7 To encourage active participation of port users and other government agencies concerned during public hearings.
3.8 To provide the PPA Board of Directors with complete report and appropriate recommendation on requests for adjustment in CH tariff.
5.1 The CH/Terminal Operator may opt to apply for a CH tariff adjustment provided that the CPI has increased by at least five percent (5%) within a three (3) year period.
5.2 To be eligible for adjustment in CH tariff, the following shall have been fulfilled by the CH/Terminal Operator:5.2.1 Full compliance of contractual commitments;
5.2.2 No outstanding obligation due to the Authority;
5.2.3 Full compliance of the CH Compliance Report; and
5.2.4 Complete and timely submission of the engineering, operational and audited financial reports as required in the contract.
The required audited financial reports shall cover only the subject port where adjustment in CH tariff is requested.
5.3 The service provider who applies for adjustment in CH tariff shall file the petition to the Port Management Office (PMO). Each application must be supported with basis and justification.
5.4 The PMO after validating the petition shall set the date for the conduct of the public hearing and convene the Hearing Panel.
5.5 The PMO shall create the Secretariat who will:5.5.1 Prepare the Notices of Invitation
5.5.2 Record all deliberations of the hearings and prepare and certify the Minutes thereto.
5.6 No public hearing for CH tariff adjustment shall be conducted without the proper Notice sent by the PMO Secretariat concerned at least 10 calendar days prior to the scheduled hearing. The Notice shall be accompanied by an agenda covering the subject matter of said public hearing together with a copy of the Application for CH Tariff or Adjustment duly certified by the Port Manager concerned as complete.
5.7 The Notice of Invitation shall be served by the PMO Secretariat on all affected sectors, such as the shipper's council, port users, stakeholders, relevant industry sectors and association, passenger groups, local government units, non-governmental units, and other interested parties. The PMO may invite other affected sectors not mentioned herein.
5.8 Notices shall be delivered directly to all concerned who shall duly acknowledge receipt of the same.
5.9 The Port Manager of the port where the application for CH tariff adjustment has been filed shall act as the Moderator during the conduct of the public hearings. In the absence of the Port Manager, the Port Services Division Manager shall act as the Moderator.
5.10 When necessary, the participants shall be allowed to submit their position in writing within 10 calendar days to the proponent copy furnished the concerned PMO after the public hearing. Position papers received after the prescribed period shall not be included in the evaluation.
5.11 The proponent shall reply to the position of the concerned participant copy furnished the PMO within three (3) calendar days upon receipt of the position paper.
5.12 Upon request in writing, the participants may ask for copies of the Minutes of the Public Hearing(s).
5.13 All concerned PMOs shall submit the Minutes of public hearing(s), attendance sheet, and agreement by the stakeholders to the Hearing Panel thru OCBS within five (5) calendar days
5.14 The Hearing Panel upon receipt of the documents, shall evaluate the request and submit a report to include its recommendation to the PPA Board of Directors thru the OCBS within seven (7) calendar days.6. CONDUCT OF PUBLIC HEARING
5.15 Approval on the adjustment of CH tariff is vested with the PPA Board of
Directors.
6.1 Where the application for CH tariff adjustment is limited to a particular port or area, the Public Hearing shall be conducted only at the port where the application for tariff adjustment is filed.7. FORMULA ON CH TARIFF ADJUSTMENT
6.2 There is quorum when there are five (5) members of the Hearing Panel present.
6.3 The Moderator shall:6.3.1 Acknowledge the presence of the participants and mention the company/association they represent.6.4 The attendees shall be allowed to freely express their opinions, comments and recommendations without prejudice to the submission of the written comments/position paper within the period prescribed herein.
6.3.2 Inform the body of the purpose of the public hearing.
6.3.3 Mention/present proof of Notice/Invitation to invitees.
6.3.4 Ask the proponent to present their request including justification, background on the business condition and causes of the cost increment.
New Approved Tariff = Existing Tariff x CPI (All Items ) Philippines NEWWhere:
CPI (All Items) Philippines OLD
10.1 Any honoraria which may be authorized for the members of the Hearing Panel shall comply with the existing policies or regulations.11. PUBLICATION
10.2 Necessary and incidental expenses for public hearings conducted outside of Manila shall be shouldered by PPA subject to accounting rules and regulations.