EXECUTIVE ORDER NO. 513
EXECUTIVE ORDER NO. 513 -
REORGANIZING THE PHILIPPINE PORTS AUTHORITY
WHEREAS,
it is the declared policy of the State to implement an integrated
program for the planning, development, financing and operation of ports
or port districts for the entire country;
WHEREAS, to carry out and implement the foregoing policy, Presidential
Decree No. 857 dated December 23, 1975, otherwise known as the Revised
Charter of the Philippine Ports Authority, was promulgated;
WHEREAS, there is a compelling need to reorganize the Philippine Ports
Authority, in order to make it more responsive to the requirements of
optimum port utilization, development and operation;
WHEREAS, the Philippine Ports Authority has already completed the
takeover of all the ports in the country, and is fully operational as
of January 1, 1978; and
WHEREAS, Presidential Decree No. 1416 grants continuing authority to
the President of the Philippines to reorganize the national government.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and pursuant
to Presidential Decree No. 1416, do hereby order the reorganization of
the Philippine Ports Authority through the amendment of Presidential
Decree No. 857 otherwise known as the Charter of the Philippine Ports
Authority, as follows:
Section 1. Sec. 6, paragraph a) subparagraph (x)
of the decree is hereby amended to read as follows:
(x)
To perform such acts or provide such services as may be deemed proper
or necessary to carry out and implement the provisions of this Decree,
including the adoption of necessary measures to remedy congestion in
any government port, and in coordination with the Bureau of Customs in
the case of ports of entry.
All subsequent paragraphs are
hereby re-numbered accordingly.
Sec. 2. Sec. 6 is hereby amended by adding a
new paragraph to read as follows:
Sec.
6-c. Police Authority. — The Authority shall have
such police authority within the ports administered by it as may be
necessary to carry out its powers and functions and attain its purposes
and objectives, without prejudice to the exercise of the functions of
the Bureau of Customs and other law enforcement bodies within the area.
Such police authority shall include the following:
a)
To provide security to cargoes, port equipment, structure, facilities,
personnel and documents: Provided, however, That in ports of entry,
physical security to import and export cargoes shall be exercised
jointly with the Bureau of Customs;
b) To regulate
the entry to, exit from, and movement within the port, of persons and
vehicles, as well as movement within the port of
watercraft;
c) To maintain
peace and order inside the port, in coordination with local police
authorities;
d) To
supervise private security agencies operating within the port area; and
e) To enforce
rules and regulations promulgated by the Authority pursuant to law.
Sec. 3. Sec. 8(b) of the decree is hereby
amended to read as follows:
(b)
All other officials and employees of the Authority shall be selected
and appointed on the basis of merit and fitness based on a
comprehensive and progressive merit system to be established by the
Authority immediately upon its organization and consistent with Civil
Service rules and regulations, provided, however, that all professional
and technical positions shall be considered policy determining,
primarily confidential and highly technical in nature. “The
recruitment, transfer, promotion, and dismissal of all personnel of the
Authority, including temporary workers, shall be governed by such merit
system.”
Sec. 4. Article V of the decree is hereby amended
by adding a new section to read as follows:
“Sec.
9-A. National Port Advisory Council. — There is
hereby created a National Port Advisory Council to be composed of the
General Manager of the Philippine Ports Authority as Chairman and a
representative each from the Ministry of Labor, the Bureau of Customs,
chambers of commerce and industry, import and export associations, the
local shipping companies, the foreign shipping companies, arrastre and
stevedoring companies, consumers group, shippers council and such other
aggrupations as the Authority may deem expedient as members, which
shall act as an advisory body to assist the Authority in the
formulation of its policies.”
Sec. 5. Section 10, paragraph a) of the decree is
hereby amended to read as follows:
a)
The authorized capital of the Authority is hereby increased from three
billion pesos to five billion pesos.”
Sec. 6. Sec. 28, paragraph c) of the decree is
hereby amended to read as follows:
“Sec.
28. Powers of Harbor Master. — Further to the
provisions of any regulation under Section s 26 and 27 of this Decree,
the Authority thru the Harbor Master of a Port or Port District
May:
xxx
xxx
xxx
c)
Regulate the mooring of vessels and determine the site of loading and
unloading of cargoes within the port in coordination with the Bureau of
Customs in the case of ports of entry and other government agencies
concerned.
The Bureau of Customs shall
continue to designate the port of entry for incoming vessels.
Sec. 7. Sec. 37 of the decree is hereby amended
as follows:
“Sec.
37. Construction and Maintenance Projects. —
a)
The Authority shall be responsible for:
(1)
general planning, feasibility studies, preliminary engineering, and
prioritization of construction projects in public ports whether
proposed existing;
(2)
maintenance dredging of public ports taken over by the Authority,
involving the deepening of fairways, navigational channels, and slips
to restore them to the original designed depths; and
(3) repair and
maintenance of public ports taken over by the Authority.
all in accordance with detailed
guidelines and program prescribed by the Minister of Public Works,
Transportation and Communications or as often as may be required by the
President.
Every year, the Authority shall
submit a budget of expenditures from corporate and other funds for the
approval of the Ministry of the Budget and the President.
b)
The Bureau of Public Works shall serve as the executing agency of the
Authority for:
(1)
detailed engineering of construction projects in public ports;
(2)
construction, including extension, expansion, and reconstruction of
public ports, whether by contract or force account;
(3)
construction dredging and reclamation of public ports; and
(4)
supervision of construction projects in public ports.
all in accordance with the
general plans, project priorities, and programs of the Authority, the
detailed guidelines prescribed by the Minister of Public Works,
Transportation and Communications, and the pertinent provisions of law;
c)
Funds from the General Revenue of the National Government authorized
for construction projects in public ports shall be released directly to
and disbursed by the Bureau of Public Works in accordance with approved
general plans, project priorities, and programs of the
Authority;
d)
Expenditures for construction projects in public ports not funded from
general funds shall be approved by the President upon recommendation of
the Minister of the Budget;
e) Before
undertaking any detailed engineering or construction project in public
ports financed out of corporate funds of the Authority, the Bureau of
Public Works shall submit to the Authority, for approval, a program of
work and expenditures indicating, among other things, the items of work
and activities of the project, estimates of costs, and schedule of
implementation. Thereafter, a detailed engineering plan or design shall
be submitted to the Authority;
f) The Bureau
of Public Works shall submit to the Authority periodic progress reports
on the status of project implementation.
Sec. 8. Sec. 39 of the decree is hereby amended
to read as follows:
“Sec.
39. Bureau of Customs. — The Tariff and Customs Code
is hereby modified or amended to the extent that all the powers, duties
and jurisdiction of the Bureau of Customs concerning the following
matters shall be transferred to and be vested in the Authority:
a)
All dues, fees and rates collectible on vessels and cargoes under Title
VII but excluding Part VII of the Code, as amended by P.D. 34,
regardless of the port or place of call of the vessel, whether on
government or private port.
Sec. 9. Sec. 43 of the decree is hereby amended
by adding paragraph c which shall read as follows:
xxx
xxx
xxx
“(c) The
Authority shall have the power to exact reasonable administrative fines
in such specific amounts and for such specific violations arising out
of the use of the port, as shall be prescribed in rules and regulations
which the Authority is hereby authorized to issue for the purpose.
Subject to additions as may be
specified in duly promulgated rules and regulations, the following
fines shall be imposed for each violation as indicated hereunder:
1)
Vessel maneuvering for berth or anchor without the necessary pilot in
ports declared under compulsory pilotage by regulations, a fine not
exceeding ten thousand pesos;
2) Vessel
berthing or mooring or loading or unloading of cargo in places and time
not specified or authorized or shifting from its duly authorized berth
without permission to do so by the Authority, a fine not exceeding five
thousand pesos for domestic vessel and not exceeding ten thousand pesos
for overseas vessel;
3) Vessel
departing from the port without clearance or permission from the
Authority, a fine not exceeding three thousand pesos for domestic
vessel and not exceeding ten thousand pesos for overseas vessel;
4) Vessel
allowing loading or unloading by cargo handling operator not duly
authorized by the Authority, a fine not exceeding five thousand
pesos;
5) Vessels
left without marine officer on board and necessary complement to move
the same when directed by the Authority due to necessity, a fine not
exceeding three thousand pesos;
6) Operator
shifting cargo in the port or authorizing withdrawal or entry of cargo
in port for stacking without clearance from the Authority, a fine not
exceeding two thousand pesos;
7) Vessel
dumping or causing to spread crude oil, kerosene or gasoline in the bay
or at the piers within three miles from the nearest coastline, a fine
not less than one thousand pesos;
8) Vessel
anchoring at any dock, pier, wharf, quay or bulk-head without rat
guards, a fine not exceeding two hundred pesos for coastwise vessel,
and not exceeding one thousand pesos for overseas vessel;
9) Vessel
dumping garbage or slops over the side within three miles from the
nearest coastline, a fine not exceeding one thousand pesos;
10) Vessel
loading gasoline at a place other than that designated by the
regulations, a fine not exceeding one thousand pesos;
11) Vessel
causing the emission and spread of harmful gas, fumes and chemicals, a
fine not exceeding one thousand pesos;
12) Vessel
conducting unauthorized repair work on board, a fine not exceeding one
thousand pesos; and
13) Commercial
vehicles violating the regulation on from exit and entry to the port
area, a fine not less than ten (P10) pesos nor more than five hundred
(P500) pesos.
Sec. 10. Repealing Clause. — All laws, decrees,
orders, rules and regulations, or parts thereof which are inconsistent
with the provisions of this Executive Order are hereby repealed or
modified accordingly.
Sec. 11. Separability Clause. — If, for any
reason, any section or provision of this Executive Order is declared to
be unconstitutional or invalid, the other sections or provisions of
this Executive Order which are not affected thereby shall continue in
full force and effect.
Sec. 12. Effectivity. — This Executive Order shall
take effect upon its promulgation.
DONE in the City of Manila,
this 16th day of November, in the year of Our Lord, nineteen hundred
and seventy-eight.
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