Under Section 3 Rule 4 of the 2013 Revised Rules of Procedure of the Toll Regulatory

Board (TRB) on Adjustment of Toll Rates, the toll way grantee shall, on or before
September 30 of the relevant year, submit an application for the adjustment; the
Board shall publish it not later than November 30 of the relevant year at the
applicants expense.
Within 30 days from such, any user may file a petition for review, or opposition with
the Board, specifying the ground relied upon, the relief sought, and accompanied by
relevant documents and affidavits.
The Board may dismiss the petition for review or opposition if insufficient in form or
substance or give due course and proceed by requiring the applicant to comment.
Within 5 days from receipt of comment, the oppositor may reply to the said petition.
Initial and adjustments of toll rate under Section 6 of Rule 3 state that upon
expiration of the period to file a petition for review of initial toll rates, or opposition
to any proposed toll rate adjustment, and after considering any comment or matter
raised, the Board shall render judgment in accordance with Rule 8 of these Rules.
Thereafter, the Board may conduct a clarificatory hearing; however, if no petition for
review or opposition is filed within the prescribed period, the Board shall declare the
initial toll rate as final or resolve the merits of the application for periodic
adjustment of toll rates.

The Board may consider the following as factors in determining just and reasonable
toll rates:
The Cost of Investment (cost of construction, cost of operations and maintenance)
The Rate of Return (internal rate of return, period of concession)
Taxes (operating taxes, income taxes, and other taxes)
Validated projected traffic in the toll way project (projected traffic volume,
projected first year traffic volume); and
Such other relevant factors as the Board may deem applicable.

Rule 5 prescribes the Procedure for approval of provisional toll rates.

The Board may, motu proprio or upon verified petition or motion, grant the
application upon finding that: (1) petition is sufficient in form and substance; (2) it
includes an affidavit of merit showing that the increase substantially conforms to
the formula provided, and that the matter is of extreme urgency and the applicant
or public interest will suffer great damage or inconvenience and/or irreparable injury

before a decision on the merits can be rendered and/or failure to immediately

impose such rates would result in outright delay or stoppage of urgently needed
improvements, expansions or repairs; (3) and applicant has posted a surety bond.
The provisionally-approved adjusted rates shall not be collected unless duly
published once a week for 3 consecutive weeks in a newspaper of general
circulation, at the expense of the applicant.
Within 30 days from such, any user may file a petition for review, but the
provisionally approved rate shall be enforceable and collectible on the date
specified in the publication.

As regards to the Rule on hearings, the Board may, at his discretion, convene en
banc or designate any Member of the Board or the ED to hear applications, petitions
for review, or oppositions to initial or adjusted toll rates.
Subject to the requirements of due process, hearing officer shall:
(a) Preside during hearings and regulate the proceedings before him and to do
acts and take all measures necessary or proper for the efficient performance
of his duties;
(b) Avail of all reasonable means to ascertain relevant facts; and
(c) Issue subpoenas and subpoena duces tecum, swear witnesses, rule upon
admissibility of evidence, and issue interlocutory orders.
Decisions and Orders of the Board, as stated in Rule 8, should be in writing and
served upon the parties. A Motion for Reconsideration may be filed within 15 days
from notice of the Decision of the Board. If no appeal or motion for reconsideration
is filed within 15 days, the judgment or order shall become final and executor.
The motions under Rule 8 shall be served to all parties and will be set for hearing
within 3 days from service thereof. Any party to the proceeding may file an
opposition to the MR accompanied by supporting affidavits and documents, if
necessary, serving a copy thereof upon the movant

Rule 9 prescribes additional procedures for a party appealing from the Boards
Decision. A party adversely affected by any decision, order, ruling or resolution of
the Board may, within a period of 15 days from notice thereof or within 15 days
from notice of denial of a MR, file an appeal with the Office of the President in
accordance with the procedure set forth in Chapter 4, Book VII of the 1987
Administrative Code. An appeal shall not stay the execution of the decision, order,
ruling or resolution.