A Motion for Reconsideration (MR) is the primary in-agency remedy used to ask the Land Transportation Franchising and Regulatory Board (LTFRB) to review, modify, or set aside an adverse Decision, Order, Resolution, or ruling—typically because the issuing office committed errors of fact or law, or because newly discovered matters justify a different outcome. In the Philippine administrative/quasi-judicial setting, an MR also commonly functions as the “last chance” to correct mistakes before the decision becomes final and executory or before resorting to appeal or judicial review.

This article explains (1) when an MR is proper, (2) the usual deadlines and effect on finality, (3) how to draft and file, (4) service and proof requirements, (5) what happens after filing, (6) execution/stay issues, and (7) pitfalls that cause dismissals.

1) Know What You’re Challenging: LTFRB Issuances and Where an MR Fits

A. What LTFRB typically issues

Depending on the case type and the office handling it, you may encounter:

Decisions/Resolutions (disposing of a complaint, enforcement case, or application/opposition)
Orders (granting/denying motions, setting hearings, directing compliance, imposing conditions)
Interlocutory Orders (not final; e.g., denial of postponement, issuance of subpoena, admission of evidence)
Final Orders (finally disposing of the case or a separable issue)

An MR is usually aimed at a final adverse issuance. Some interlocutory rulings may be questioned by motion, but agencies often discourage repeated challenges to interlocutory matters unless there is grave abuse or clear denial of due process.

B. Identify the issuing authority and file with the same office that issued it

As a rule of thumb in administrative practice: file the MR with the same office/authority that issued the assailed Decision/Order/Resolution, unless the issuance itself states a different remedy and forum.

Practical consequence: before drafting, confirm:

the case number and title
the date of the issuance
the date you received it (this drives deadlines)
the signatory/issuing office (e.g., Board/Office, regional office, hearing officer, etc.)
the remedy clause (many decisions include a paragraph on motions/appeals)

2) When an MR Is Proper—and When It Isn’t

A. Proper grounds (typical in LTFRB-style proceedings)

An MR generally argues one or more of the following:

Errors of fact
- The decision misappreciated evidence, ignored material admissions, misunderstood records, or relied on inaccurate facts.
Errors of law
- The decision misapplied statutes, rules, regulations, or controlling jurisprudential principles; or imposed a penalty/condition beyond authority.
Serious procedural error / denial of due process
- You were not properly notified, were deprived of a chance to be heard, evidence was excluded without basis, or the ruling resolved issues without allowing comment.
Newly discovered evidence (with strict requirements)
- Evidence that could not, with reasonable diligence, have been discovered and presented earlier, and that would likely change the outcome. (This is often treated with skepticism; you must explain diligence and materiality.)
Substantial justice / compelling equitable considerations
- Not a free pass, but may matter where the record shows a clear injustice that can be corrected without violating rules.

B. What an MR should NOT be

An MR is commonly denied (or treated as “pro forma”) if it:

merely repeats arguments already considered, without pinpointing specific errors
contains general allegations (“contrary to law,” “contrary to evidence”) without citations to record
raises brand-new defenses that you could have raised earlier, without explaining why you did not
is filed late, or without proper proof of service (where required)
is used to delay execution without any substantive challenge

3) Deadlines, Finality, and the “Clock”: The Most Important Practical Issue

A. The usual filing period

In many Philippine quasi-judicial settings, the MR period is commonly 15 days from receipt of the adverse final issuance. However, agencies may specify a different period in their own rules or in the decision itself.

Best practice: Treat the MR deadline stated in the issuance or applicable LTFRB rules as controlling. If the issuance is silent, 15 days from receipt is a widely used benchmark in Philippine procedure—but you should still rely on the governing LTFRB rules and what the decision’s remedy clause provides.

B. Count from “receipt,” not date of decision

The period typically runs from actual receipt (or legally effective service) of the decision/order. Preserve proof:

registry return card / courier proof
official email receipt (if e-service is recognized)
receiving copy with signature/date

C. Effect of a timely MR

A timely, proper MR typically:

suspends the finality of the assailed issuance while the MR is pending, and/or
tolls the period to pursue the next remedy (appeal/review), depending on the governing rule.

But a pro forma MR (one that does not comply with basic requirements or is substantively empty) may be treated as not tolling periods.

D. Extensions

Some agencies strictly disallow extensions for MRs; others may allow in exceptional circumstances. Assume no extension unless an LTFRB rule/issuance clearly allows it.

4) Before You Draft: Build a Record-Based Strategy

A strong MR is record-driven. Do these steps first:

Mark the dispositive portion (what exactly was ordered/denied/penalized).
List each harmful finding and map it to:
- transcript/pleadings
- documentary evidence (annexes)
- regulations, circulars, or controlling legal principles
Choose your top 2–4 strongest errors (quality beats quantity).
Decide what remedy you want:
- outright reversal
- modification of penalty/fine
- remand for hearing
- reopening for newly discovered evidence
- clarification plus modification of conditions

5) Drafting the Motion for Reconsideration: Required Parts and Best Practices

A. Caption and title

Use the same caption as the case (party names, docket/case number). Title:

“MOTION FOR RECONSIDERATION” Optionally specify:
“(of the Decision dated ___ received on ___)”

B. Introduction and relief sought

Early paragraph should state:

what you are assailing (Decision/Order/Resolution; date)
when you received it
that the motion is timely
what you want (set aside/modify/recall)

C. Statement of material dates (highly recommended)

Include a short timeline:

date of issuance
date of receipt
date of filing

This helps establish timeliness.

D. Concise statement of facts (only what matters)

Do not rewrite the entire case history. Focus on the specific facts connected to the errors you’re raising.

E. Grounds and arguments (the core)

Organize by numbered grounds:

GROUND I – The Decision committed serious errors of fact in finding ____.

Cite the exact finding (quote a short line if helpful)
Cite the record (e.g., “See Position Paper dated __, p. __; Annex __”)
Explain why the finding is wrong and how correcting it changes the outcome

GROUND II – The Decision misapplied the applicable rule/regulation in concluding ____.

State the rule and how it should apply
Show how the Decision deviated
Explain resulting prejudice

GROUND III – Denial of due process (if applicable).

State what notice/opportunity was lacking
Tie it to the record
Explain prejudice

For newly discovered evidence: Include a dedicated section:

what the evidence is
why it wasn’t discovered earlier despite diligence
why it is material and would likely change the result Attach affidavits and authenticated copies if possible.

F. Prayer (specific, not generic)

Examples of specific prayers:

“reconsider and set aside the Decision and dismiss the complaint”
“reduce/modify the penalty and/or lift the suspension”
“remand for reception of evidence on ___”
“stay execution pending resolution of this MR” (if you also seek a stay)

G. Verification / certification, authority to represent

Whether verification is required depends on the applicable LTFRB rules. In practice:

Individuals may sign and file personally.
Corporations/partnerships/operators often file through counsel; attach Secretary’s Certificate/Board Resolution or Special Power of Attorney where representation authority may be questioned.
If you anticipate court review later, maintaining formalities (including proper signatories and authority documents) reduces technical challenges.

H. Attachments (typical annexes)

Common annexes include:

copy of the assailed Decision/Order/Resolution
proof of receipt (to prove timeliness)
proof of service to the other party/parties
key documentary evidence cited (if not already in the records, or if required by the rules)
affidavits (for factual disputes or newly discovered evidence)
authority to represent (SPA/board resolution) and counsel’s compliance documents, if applicable

6) Filing Mechanics: Where, How, Fees, and Proof of Service

A. Where to file

File with:

the docket/records section or receiving unit of the LTFRB office handling the case (central or regional), typically the same office that issued the assailed ruling.

B. Number of copies

Administrative bodies often require multiple copies for the office, the records, and the parties. If the governing rule is unknown, prepare:

one original plus several copies (enough for the adjudicator and each adverse party), and keep a receiving copy for yourself.

C. Filing fees

Some motions require payment of minimal docket/filing fees; others do not, depending on the case type and LTFRB schedule. Verify at the cashier and keep the official receipt.

D. Service to the adverse party (and proof)

Many quasi-judicial procedures require that motions be served on the other party/parties (and sometimes counsel of record) with proof of service. Common service modes:

personal service
registered mail/courier
authorized electronic service (if recognized by the office)

Always attach proof of service (registry receipt, courier waybill, email transmission record, or receiving signature).

E. “Received” stamp and receiving copy

Before leaving the filing window:

get a time-and-date stamped receiving copy
confirm the docket/receiving reference
confirm any hearing/raffle process if applicable

7) What Happens After Filing: Process, Hearings, and Outcomes

A. Comment/Opposition

The LTFRB may:

require the other party to file a comment/opposition within a set period, or
resolve the MR outright if it is clearly without merit or purely legal.

B. Oral argument / hearing

Some administrative motions are resolved on the pleadings; others may be set for clarificatory hearing at the discretion of the adjudicator.

Do not assume you will be heard orally—make the written MR self-sufficient.

C. Possible outcomes

Granted
- the decision is reversed/modified; case may be dismissed, penalties reduced, conditions adjusted, or proceedings reopened.
Partially granted
- only some findings are modified (e.g., penalty reduced but liability affirmed).
Denied
- decision stands; next remedy deadlines run from notice of denial, depending on rules.
Noted / denied for being pro forma / dismissed on technical grounds
- late filing, missing proof of service, lack of authority, wrong forum, etc.

8) MR vs. Appeal / Judicial Review: How the MR Affects Your Next Steps

After denial, parties typically consider:

administrative appeal (where allowed by the governing law/rules and depending on the issuing authority), and/or
judicial review of a quasi-judicial agency decision via the mode applicable to the agency and nature of the issuance (commonly associated in Philippine practice with appellate review of quasi-judicial bodies, subject to the controlling rule).

What matters for an MR guide:

A timely MR often preserves issues and clarifies the record for the next forum.
Some reviewing bodies and courts expect you to first pursue in-agency remedies under the exhaustion of administrative remedies doctrine, unless an exception applies (e.g., pure questions of law, urgent necessity, lack of jurisdiction, denial of due process).

Because the correct next remedy can vary depending on the LTFRB issuance and the rules invoked, treat the MR as both a substantive challenge and a record-preservation document.

9) Execution and Stay: Will Filing an MR Stop Enforcement?

This depends on the governing LTFRB rule and the nature of the order:

Some orders are immediately executory unless stayed.
Some become executory only after finality.

Practical approach:

If immediate enforcement (e.g., suspension, impounding directive, compliance order, fine collection) is imminent, include a clear prayer for stay of execution and state why (irreparable injury, strong merits, public interest, compliance steps, etc.).
If a bond or undertaking is allowed/required in your context, be prepared to comply, but do not assume it applies unless the rule/issuance states so.

10) Common Pitfalls That Get MRs Denied or Dismissed

Late filing (miscounting from decision date instead of receipt date)
No proof of receipt (cannot prove timeliness)
No proof of service (other party not properly served)
Pro forma MR (general allegations; no specific errors; repeats old arguments)
Wrong forum (filed in an office not handling the case)
Missing authority to represent (operators/entities represented by someone without proof of authority)
Over-arguing weak points (dilutes strong grounds)
Relying on oral explanation instead of a complete written motion

11) Practical Drafting Checklist (Quick Reference)

Before filing

Confirm issuing office, case number, date received
Calendar the last day to file (treat as strict)
Identify 2–4 strongest reversible errors
Gather annexes: assailed ruling, proof of receipt, key exhibits, proof of service, authority documents

Document contents

Caption, title, and identification of assailed issuance
Statement of material dates (timeliness)
Concise facts relevant to the errors
Numbered grounds with record citations
Clear prayer (including stay if needed)
Signature block and counsel details (if represented)
Annex list and proper marking
Proof of service attached

Filing

Submit to correct LTFRB receiving unit
Pay required fees (if any) and secure OR
Get receiving stamp on your copy

12) Sample Motion for Reconsideration (Template Format)

REPUBLIC OF THE PHILIPPINES LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD [Office/Region]

[Case Title] LTFRB Case No. ______

MOTION FOR RECONSIDERATION

COMES NOW, [Movant], through the undersigned [counsel/representative], and respectfully moves for reconsideration of the [Decision/Order/Resolution] dated ______, received on ______, on the following grounds:

I. STATEMENT OF MATERIAL DATES

The assailed [Decision/Order/Resolution] is dated ______.

Movant received it on ______.

This Motion is filed on ______, within the reglementary period.

II. RELEVANT FACTS (Brief, record-based facts relevant to your grounds.)

III. GROUNDS GROUND I – The [Decision/Order] committed reversible errors of fact in finding that ______. (Quote or pinpoint the finding. Cite evidence. Explain prejudice.)

GROUND II – The [Decision/Order] misapplied the applicable rule/regulation when it held that ______. (State correct rule application. Explain why the ruling is legally erroneous.)

GROUND III – Movant was denied due process because ______ (if applicable). (Explain notice/hearing deficiency and resulting prejudice.)

IV. PRAYER WHEREFORE, premises considered, Movant respectfully prays that the [Decision/Order/Resolution] dated ______ be RECONSIDERED and SET ASIDE, and that a new [Decision/Order] be issued [dismissing the case / modifying the penalty / remanding for further proceedings], and for such other reliefs as are just and equitable.

(If urgent) Movant further prays that execution/enforcement be STAYED pending resolution of this Motion.

Respectfully submitted. [Place], Philippines, [Date].

[Name / Counsel] [Address, IBP No./Roll No. if counsel, contact details]

Copy furnished: [Adverse party/counsel name and address] (With attached proof of service)

13) Frequently Asked Questions

Is an MR always required?

Not always in every legal pathway, but it is often the standard and safest in-agency remedy to correct errors and may be important for exhaustion of administrative remedies and for clarifying issues before a higher forum.

Can you file a second MR?

In many Philippine adjudicatory settings, second motions for reconsideration are generally disfavored and often prohibited unless exceptional circumstances exist and the rules allow it. Assume one MR only unless the governing LTFRB rule explicitly permits otherwise.

Can a non-lawyer file an MR?

Individuals commonly can represent themselves in administrative proceedings, but entities and more complex matters are often practically (and sometimes formally) expected to be handled by counsel. Where representation authority is involved (operators, corporations, associations), attach proof of authority to avoid dismissal on technical grounds.

Will filing an MR stop suspension/fines automatically?

Not necessarily. If the order is immediately executory or enforcement is imminent, include a specific request for stay and support it with facts and law.

14) Key Takeaways

An LTFRB MR is a record-based, deadline-sensitive remedy—timeliness and proof of service are as important as legal arguments.
The strongest MRs identify specific errors, cite the record, explain prejudice, and request precise relief.
Because filing periods and mechanics may vary by the applicable LTFRB rules and the remedy clause in the assailed issuance, always anchor your motion on what the controlling rule and the decision/order itself provides.