[ LTFRB MEMORANDUM CIRCULAR NO. 2010-028, June 17, 2010 ]

REQUIREMENT FOR THE ISSUANCE OF NOTICE OF HEARING (FOR APPLICATIONS/PETITIONS IN THE ISSUANCE OF CPC)



It has been observed by the Board that numerous applicants have failed to comply with the publication requirement of the Notice of Hearing in time for the scheduled hearing which results in the request for issuance of second and even subsequent Notice of Hearing and eventual delay in the processing of applications/petitions.

Thus, in line with the mandate of the Board under Section 5(i) of Executive Order No. 202, as well as the policy direction of the Board to streamline procedure as part of the Quality Management System, the following procedure is hereby adopted starting JULY 1, 2010.

- After receipt of the application/petition, applicant shall secure a Claim Stub with the Legal Division/Unit stating therein when the Notice of Hearing shall be released

- Applicant or any duly authorized representative shall secure a copy of the Notice of Hearing on the given date.

- In the case of applicant ™s representative, a written authority with proper identification cards of both the applicant and representative shall be required.

- If the applicant is represented by counsel, the counsel or his/her representative (likewise with written authority and proper identification) may secure a copy of said Notice.

- The written authority and photocopy of the IDs presented shall be attached by the Releasing Clerk to the file copy of the Notice of Hearing.

- Should the applicant fail to have the Notice of Hearing published within the period required by the Board, a Second Notice of Hearing may be issued only upon the filing of appropriate pleading/manifestation and payment of the amount of TWO HUNDRED FIFTY PESOS (P250.00).

- Any request for subsequent issuance of Notice of Hearing shall be made writing and payment of appropriate fee shall be required at each request

- Should the application/petition be DISMISSED for failure to appear on the scheduled hearing or failure to publish the Notice of Hearing, a Motion for Reconsideration shall be filed upon payment of the amount of TWO HUNDRED FIFTY PESOS (P250.00). The Board shall allow only up to Second Motion for Reconsideration of this nature.

Relative thereto, and to reduce administrative cost, mailing of the Notice of Hearing shall no longer be undertaken by the Board to the applicant/s and it shall be the duty of the applicant to secure said Notice by observing the foregoing procedure.

All other issuances or parts thereof inconsistent herewith are hereby modified, amended, or superseded accordingly. This Memorandum Circular supersedes any and all issuances inconsistent herewith and takes effect immediately following the publication in a newspaper of general circulation.

SO ORDERED.

(SGD.) ATTY. JIMMY G. PESIGAN
  Chairman

(SGD.) ENGR. GERARDO A. PINILI
  Board Member

(SGD.) ATTY. MARIA ELLEN DIRIGE-CABATU, CPA
  Board Member