Article 81p. 81

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

SECTION 17. Executive Director and Support Staff of

the Board . — The Board shall have an Executive Director

who shall also be appointed by the President of the

Philippines upon the recommendation of the Secretary of

Transportation and Communications. He shall have the

rank, salary and privileges of a Department Service Chief.

He shall assist the Board in the performance of its powers

and functions.

The

Board

shall

be

supported

by

the

Technical

Evaluation

Division,

Legal

Division,

Management

Information Division, Administrative Division and Finance

Division.

SECTION 18. Supervision and Control Over the Board .

— The Secretary of Transportation and Communications,

through

his

duly

designated

Undersecretary,

shall

exercise administrative supervision and control over the

Land Transportation Franchising and Regulatory Board.

SECTION 19. Powers and Functions of the Land

Transportation Franchising and Regulatory Board . —

The Board shall:

(1) Prescribe and regulate routes, economically viable

capacities, and zones or areas of operation of public land

transportation services provided by motorized vehicles in

accordance

with

the

public

land

transportation

development

plans

and

programs

approved

by the

Department of Transportation and Communications;

(2) Issue, amend, revise, suspend or cancel Certificates

of

Public

Convenience

or

permits

authorizing

the

operation of public land transportation services provided

by motorized vehicles, and prescribe the appropriate

terms and conditions therefor;

(3)

Determine,

prescribe, approve and periodically

review

and adjust reasonable fares, rates and other

related charges, relative to the operation of public land

transportation services provided by motorized vehicles;

(4) Issue preliminary or permanent injunction, whether

prohibitory or mandatory, in all cases in which it has

jurisdiction and in which cases the pertinent provisions of

the Rules of Court shall apply;

(5) Punish for contempt of the Board, both direct and

indirect, in accordance with the pertinent provisions of,

and the penalties prescribed by, the Rules of Court;

(6) Issue subpoena and subpoena duces tecum and to

summon witnesses appear in any proceedings of the

Board, to administer oaths and affirmations, and, in

appropriate cases, to order the search and seizure of all

vehicles and documents, upon probable cause and as

may be necessary for the proper disposition of the cases

before it;

(7) Conduct investigations and hearings of complaints

for

violation

of

the

public

service

laws

on

land

transportation and of the Board's rules and regulations,

orders,

decisions

or rulings and to impose fines or

penalties for such violations;

(8) Review motu proprio the decisions/actions of the

Regional Franchising and Regulatory Offices;

(9)

Promulgate

rules

and

regulations

governing

proceedings

before

the

Board

and

the

Regional

Franchising and Regulatory Office. However, except with

respect to paragraphs 4, 5, 6 and 7 hereof, the rules of

procedure and evidence prevailing in the courts of law

should not be controlling but rather the spirit and

intention of said rules. The Board and the Regional

Franchising and Regulatory Offices shall use every and all

reasonable means to ascertain facts in each case speedily

and objectively and without regard to technicalities of law

and procedures, all in the interest of due process;

(10) Fix, impose and collect, and periodically review

and adjust, reasonable fees and other related charges for

services rendered;

(11)

Formulate,

promulgate, administer, implement

and enforce rules and regulations on land transportation

public utilities, standards of measurements or design,

and rules and regulations requiring operators of any

public land transportation service to equip, install and

provide in their utilities and in their stations such devices,

equipment,

facilities

and

operating

procedures

and

techniques as may promote safety, protection, comfort

and convenience to persons and property in their charges

as well as the safety of persons and property within their

areas of operation;

(12) Coordinate and cooperate with other government

agencies

and

entities

concerned

with

any

aspect

involving public land transportation services with the end

in view of effecting continuing improvement of such

services; and

(13) Perform such other functions and duties as may

be provided by law, or as may be necessary, or proper or

incidental

to

the

purposes

and

objectives

of

the

Department;

SECTION

20.

Decisions

of

the

Board ;

Appeals

therefrom or Review Thereof . — The Board, in the

exercise of its powers and functions, shall sit and render

its decision en banc . Every such decision, order, or

resolution of the Board must bear the concurrence and

signature of at least two (2) members thereof.

The decision, order or resolution of the Board shall be

appealable to the Secretary within thirty (30) days from

receipt of the decision. However, the Secretary may motu

proprio review any decision or action of the Board before

the same becomes final.

SECTION 21. Regional Franchising and Regulatory

Offices . — There shall be a Regional Franchising and

Regulatory Office in each of the administrative regions of

the country which shall be headed by a Regional Director

having the rank, salary and privileges of a Department

Assistant Regional Director. The Regional Franchising and

Regulatory Offices shall hear and decide uncontested

applications/petitions for routes, within their respective

administrative regions but that applications/petitions for

routes

extending

beyond

their

respective

territorial

jurisdiction shall be heard and decided by the Board.

SECTION 22. Appeals . — The decisions, orders or

resolutions of the Regional Franchising and Regulatory

Offices shall be appealable to the Board within thirty (30)

days from receipt of the decision.

CHAPTER 6 Attached Agencies

SECTION 23. Attached Agencies and Corporations . —

The following agencies and corporations are attached to

the Department: The Philippine National Railways, the

Maritime

Industry

Authority,

the

Philippine

National

Lines,

the

Philippine

Aerospace

Development

Corporation, the Metro Manila Transit Corporation, the

Office of Transport Cooperatives, the Philippine Ports

Authority, the Philippine Merchant Marine Academy, the

Toll Regulatory Board, the Light Rail Transit Authority, the

Transport Training Center, the Civil Aeronautics Board,

the National Telecommunications Commission and the

Manila International Airport Authority.

SECTION 24. Functions of Attached Agencies and

Corporations .

—

The

Agencies

attached

to

the

Department shall continue to operate and function in

accordance with the respective charters or laws creating

them, except when they conflict with this Code.

TITLE XVI Social Welfare and Development

CHAPTER 1 General Provisions

SECTION 1. Declaration of Policy . — The State is

committed to the care, protection, and rehabilitation of

individuals, families and communities which have the

least in life and need social welfare assistance and social

work intervention to restore their normal functioning and

enable them to participate in community affairs.

© Compiled by RGL

81 of 162