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Republic of the Philippines

Department of Transportation and Communications
LAND TRANSPORTATION FRANCHISING AND REGULATORY
BOARD
East Avenue, Quezon City

FREDERICK B. JUAN, IRS NO.

066924 Respondent
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MOTION FOR RECONSIDERATION

Respondent by counsel, unto this Honorable Board, most humbly and

respectfully submits its “Manifestation and Motion for Reconsideration to
the Honorable Board’s Order dated March 5, 2021, in support thereof,
respondent avers:

1. That Respondent through Mr. ISAGANI TANGAN received

the assailed order dated March 5, 2021. The order indicated that “for
failure of Respondent to comply to at least three (3) months minimum
period of MC No. 2020-039, failure to present the required Contract
of Lease to be readily available for presentation during on-board
operations or as the board deems necessary and failure to turn over
the motor vehicle. Hence, the violation as charged in the IRS is now
submitted for resolution”. The dispositive portion of the order is as
thus:

Xxx” WHEREFORE, premises considered, the Board hereby

imposes the penalty on the Respondent Mr. Frederick B. Juan
the registered owner of the vehicle pursuant to the joint
Administrative Order 2014-01 for operating a Toyota Hi-Ace van
with Plate No. WQQ-112 for non-compliance to the
Memorandum Circular 2020-039 issued by the Board which
tantamount to “Colorum” violation;

1. To pay TWOHUNDRED THOUSAND PESOS (Php 200,000.00)

for Colorum violation.

2. IMPOUNDING of the subject vehicle for a period of THREE

(3) MONTHS.

3. BLACKLISTING of the TOYOTA Hi-Ace van with Plate No.

WQQ-112 from being used as a PUV. ”xxX

2. That on November 23, 2020, LTFRB enforcement team in

coordination with the Inter-Agency Council for Traffic (1-ACT) and
PHP-HPG conducted an Anti-COLORUM operation at SM Fairview,
Quezon City.
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3. That during that said operation, the vehicle TOYOTA HI-

ACE driven by Mr. ARNEL BAULITE PESAURO as a shuttle for the
employees of NATIONAL PRINTING OFFICE was pulled over by I-ACT
operatives for verification.

4. That the said vehicle was registered under Mr.

FREDERICK B. JUAN. However, there was a photocopy of the Deed of
Sale between the latter and Mr. ISAGANI C. TANGAN.

5. That enforcers stated that the said vehicle directly violated

MC 2020-039 for operating as a Shuttle Service without proper
documents required by the Board. An Inspection Report Summons
(IRS) with serial number 066924 was executed wherein the term
‘ABSCONDED COLORUM’ was indicated and the driver’s license was
endorsed to LTO for appropriate sanction/s.

6. Respondent through Mr. ISAGANI TANGAN, took the

necessary steps and collated documents pertinent to this case.
Although, a layman (with limited knowledge of the law and
procedure) but still tried his best to file a protest/contest to the
Inspection Report Summons No. 066924 on 04 December 2020.

7. That in order to support respondent’s claim/protest,

Respondent through Mr. ISAGANI C. TANGAN attached the following
pieces of evidence;

a. Photocopy of Certificate of Registration (CR) No. 1988064245

issued by the LTO.
b. Photocopy of the Certificate of Registration with MV File No. 1326-
00000291615 issued by the LTO.
c. Photocopy of the Deed of sale of Motor Vehicle between Isagani C.
Tangan (Vendee) and Frederick B. Juan (vendor)
d. Photocopy of Inspection Report Summons (IRS No. 066924)
e. Photocopy of Notice of Award from National Printing office dated 08
October 2020
f. Photocopy of FPG Insurance with Policy No. 1050201200008145
g. Photocopy of Bureau of Internal Revenue (BIR) under the name of
Isagani C. Tangan
h. Photocopy of Certification dated 05 October 2020 issued by National
Printing Office.
i. Franchise Verification dated 24 November 2020 issued by LTFRB.
j. Photo of the vehicle with logo markings provided by the National
Printing Office

8. That under Memorandum Circular (MC) No. 2020-039:

Xxx”The Board hereby EXEMPTS vehicles used to

transport employees/workers from securing Franchise, under
the following conditions:
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1. Vehicles must secure a Contract of Lease for a period of at

least three (3) months but not exceeding December 31, 2020,
and said contract must be at all times be readily available for
presentation during on-road operations or as the Board
deems necessary;

2. Vehicles must be used and driven by the lessee or his/her

authorized representatives;

3. Vehicles must be currently registered and covered by a

comprehensive passenger insurance policy;

4. Vehicles subject of these lease contract shall bear the proper

markings of the company that it is servicing for
identification.” xxX

9. That Memorandum Circular No. 2020-039 exemption applies to

those who are SECURING a Franchise but, in this case, Respondent
through Mr. ISAGANI C. TANGAN already has a Franchise verification.
MC Circular No. 2020-039 did not specify conditions for those who already
secured a Franchise before the said order.

10. That there was no need for Mr. ARNEL BAULITE PESAURO to
be an employee of National Printing Office as he only serves as a driver for
the awardee, TANGAN TRANSPORT SERVICES operated by Mr. ISAGANI
C. TANGAN.

11. That it will violate Memorandum Circular No. 2020-039 if the

period to provide shuttle for the National Printing office exceeds beyond
31 December 2020 considering that the award was granted to Respondent
on 08 October 2020.

12. That the Franchise verification dated 24 November 2020 issued

by LTFRB-ISMD for motor vehicle with plate no. WQQ-122 DOES NOT
HAVE A RECORD under MR. FREDERICK B. JUAN as the record is under
the name of Mr. ISAGANI C. TANGAN, the new owner.

13. That there was an Accident Insurance Policy for passengers and
proper Markings on the vehicle as seen on the photos of the TOYOTA HI-
ACE VAN with plate no. WQQ-122.

PRAYER

WHEREFORE, premises considered, respondent respectfully prays that

the Honorable board:

1. TO SET ASIDE AND RECONSIDER the Order dated 05 March

2021. Thereby lifting the order of blacklisting the vehicle to be
used as PUV.
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2. To give Respondent through Mr. ISAGANI C. TANGAN another

opportunity to register the vehicle as such under his name.

Respondent further prays for such other forms of relief as may be

deemed consistent with justice and equity.

City of Muntinlupa for Quezon City, April 02, 2024.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, ______________________________ after having been duly sworn to in

accordance with law, hereby deposes and states that:

1. I am the Movant in the above-mentioned case;

2. I have caused the preparation of the foregoing Motion for

Reconsideration and I have read the contents thereof, which
are true and correct of my own personal knowledge and/or
based on authentic records;

3. I certify that I have not commenced any other actions or filed

any claim involving the same issues in any LTFRB office,
court, tribunal or quasi-judicial agency and, to the best of my
knowledge no such other action or claim is pending therein;

4. If I should thereafter learn that the same or similar action or

claim has been filed or is pending, I undertake to inform this
Honorable Board within five (5) days from notice thereof.

IN WITNESS WHEREOF, I hereby set my hand in writing this ___ of

April 2024 in the City of Muntinlupa.

ISAGANI C. TANGAN

Affiant

SUBSCRIBED AND SWORN to before me this ________day of

April 2024 in the City of Muntinlupa, affiant exhibiting to me his
Driver’s license bearing ID No. __________________ as competent proof
of identity.

Doc. No.:
Page No.:
Book No.:
Series of 20
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