On November 23, 1999, this Office issued Administrative Order (AO) No. 97 dismissing Vigor D. Mendoza as Board Member, Land Transportation Franchising and Regulatory Board (LTFRB), for having issued a memorandum, under his sole signature, ordering the respective heads of the LTFRB ™s Technical and Legal Division to receive applications for PUB Certificate of Public Convenience (CPC) and setting all pending cases for hearing, notwithstanding the LTFRB ™s existing moratorium policy on the matter.

On January 4, 2000, respondent filed a motion for reconsideration.

For its part, the Department of Transportation and Communications (DOTC), through Secretary Vicente C. Rivera, Jr., sought the recall of the aforementioned Administrative Order on the ground that respondent merely acted pursuant to endorsements/recommendations from the DOTC. Furthermore, it is urged that the issuance of the subject memorandum did not in any way lift, alter, or change the existing moratorium policy.

Based on the foregoing representations, it would appear that respondent acted, under the premises, in good faith and without any dishonest motive. Accordingly, the finding by the Presidential Commission Against Graft and Corruption upon which AO No. 97 was principally predicated is without factual basis.

WHEREFORE, and as recommended by the Department of Transportation and Communications, Administrative Order No. 97 dated November 23, 1999, is hereby recalled. Accordingly, VIGOR D. MENDOZA II, shall remain in his position and shall continue in the exercise of his duties as Board Member, Land Transportation Franchising and Regulatory Board.

DONE in the City of Manila, this 21st day of October, in the year of Our Lord, two thousand.

(Sgd.) JOSEPH EJERCITO ESTRADA
President of the Philippines

By the President:
(Sgd.) RONALDO B. ZAMORA
Executive Secretary