SIXTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )
Second Regular Session )
SENATE
P. S. R. No. 802
Introduced by Senator Miriam Defensor Santiago
RESOLUTION
EXPRESSING THE SENSE OF THE SENATE THAT THE LAND TRANSPORTATION
FRANCHISING AND REGULATORY BOARD (LTFRB) MEMORANDUM CIRCULAR
NOS. 2014-009 AND 2014-010; AND BOARD RESOLUTION NO. 05, SERIES OF 2014 ARE
LEGALLY FLAWED; AND DIRECTING THE PROPER SENATE COMMITTEE TO
CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE ISSUANCES BY THE
LTFRB, WHICH TOGETHER HAVE RESULTED IN UNACCEPTABLE TRAFFIC
GRIDLOCK ALONG KATIPUNAN AVENUE, QUEZON CITY; C5 BAGONG ILOG; AND
C5 MCKINLEY HILLS; INVESTIGATING THE LEGAL BASES, IF ANY, OF SUCH
SUSPICIOUS AND STUBBORN INSISTENCE WREAKING IRREVERSIBLE PREJUDICE
TO PUBLIC TRANSPORT SAFETY BUT AWARDING BENEFITS ONLY TO A FEW; AND
IDENTIFYING THOSE RESPONSIBLE FOR VIOLATING THE ADMINISTRATIVE CODE
AND EXECUTIVE ORDER NO. 202, AMONG OTHERS
WHEREAS, His Excellency, President Benigno S. Aquino III issued Executive Order
No. 67, Series of 2012 entitled Providing for the Establishment of the Integrated Transport
Terminal in Metropolitan Manila, states that there is a need to fast-track the establishment of an
efficient, reliable, seamless and integrated mass transportation network/system to spur economic
growth;
WHEREAS, the Land Transportation Franchising and Regulatory Board (LTFRB) issued
Memorandum Circular Numbers 2014-009, entitled Suspension of Implementation of Out of
Line Operation as a Mode of Colorum Operations under Joint Administrative Order No. 2014-
01 and 2014-010, entitled Implementing Guidelines on the Conduct of Rationalization of
Routes of Provincial Public Utility Bus Service
WHEREAS, it appears that the issuances of the said LTFRB Memorandum Circulars
directly contradict the 2011-2016 Philippine Development Plan (PDP) of the Aquino
Administration and Executive Order No. 67, Series of 2012 of the President that aim to establish
an efficient, reliable, seamless and integrated transport system/network;
WHEREAS, the LTFRB also issued Board Resolution No. 5, series of 2014 extending
the No Apprehension Policy of TH Freight Truck Services with Green Plates, thereby causing
more traffic congestions in main throughfares in the metropolis;
WHEREAS, the legalization of out-of-line routes does not only violate existing laws in
land transportation but will also defeat the purpose of the establishment of the Integrated
Transport System to decongest traffic in Metro Manila and to restrict provincial buses and other
unauthorized public utility vehicles from entering EDSA;
WHEREAS, the issuance and implementation of the LTFRB Memorandum Circulars will
definitely contribute to the traffic congestion being experienced within Metro Manila and will
counter the current and future efforts for the decongestion of Metro Manila;
WHEREAS, the implemetation of the LTFRB resolution on No Apprehension Policy
alone has already contributed to the traffic congestion brought about by the increase of 80.67%
of trucks in Katipunan Ave. fronting Ateneo de Manila University Gate 3, the increase of
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60.52% of trucks along C5 Bagong Ilog and the increase of 33.07% of trucks along C5-
McKinley Hills, according to the recent survey of the MMDA;
WHEREAS, the suspension of the out-of-line apprehension would only legalize and spur
the proliferation of unauthorized vehicles which is inimical to the countrys economic
development, completely disregarding numerous studies which say that the country is losing
P153 B a year because of traffic congestion;
WHEREAS, the LTFRB has completely disregarded existing laws when it admittedly
failed to consult the public and other concerned government agencies prior to the issuance of the
defective circular and resolution particularly the Administrative Code, Book VII which states
that: Sec. 9. Public Participation (1) If not otherwise required by law, an agency shall, as far
as practicable, publish or circulate notices of proposed rules and afford interested parties the
opportunity to submit their views prior to the adoption of any rule and Section 5(l) of Executive
Order No. 202, creating the LTFRB, which states that the LTFRB shall coordinate and
cooperate with other government agencies and entities concerned with any aspect involving
public land transportation services with the end in view of affecting continuing improvement of
such services.
WHEREFORE, BE IT RESOLVED, AS IT IS HEREBY RESOLVED, to express the
sense of the Senate that the Land Transportation Franchising and Regulatory Board (LTFRB)
Memorandum Circular Nos. 2014-009 and 2014-010 and Board Resolution No. 05, Series of
2014 are legally flawed; and directing the proper Senate committee to conduct an inquiry, in aid
of legislation, on the issuances by the LTFRB, which together have resulted in unacceptable
traffic gridlock along Katipunan Avenue, Quezon City; C5 Bagong Ilog; and C5 McKinley Hills;
investigating the legal bases, if any, of such suspicious and stubborn insistence wreaking
irreversible prejudice to public transport safety but awarding benefits only to a few; and
identifying those responsible for violating the Administrative Code and Executive Order No.
202, among others;
RESOLVED FINALLY, that proper disciplinary measures should be identified against
those who have violated the law.
Adopted,
MIRIAM DEFENSOR SANTIAGO