EXECUTIVE ORDER NO. 1011
EXECUTIVE ORDER NO. 1011 -
ESTABLISHING THE LAND TRANSPORTATION COMMISSION IN THE MINISTRY OF
TRANSPORTATION AND COMMUNICATIONS, AND FOR OTHER PURPOSES
WHEREAS, efficient and reliable
transportation services constitute a vital supportive system to
national development;
WHEREAS, the rationalization of the administrative framework for the
exercise of quasi-judicial and enforcement functions in the regulation
of transportation services, will enhance the effectiveness of such
services and redound to the welfare of the public;
WHEREAS, one way of rationalizing governmental regulations in the field
of transportation, is to merge the two existing agencies tasked with
the implementation of land transportation laws, namely the Board of
Transportation and the Bureau of Land Transportation, into one agency
in order to avoid wasteful duplication of functions and thereby upgrade
public utility services;
WHEREAS, under Presidential Decree No. 1416, as amended, the President
of the Philippines is empowered and authorized to undertake such
organizational and related improvements as may be appropriate in the
light of changing circumstances and new developments;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution and by law,
particularly Presidential Decree No. 1416, as amended, do hereby order:
Section 1. Creation of the Land Transportation
Commission. — There is hereby created a new agency attached to the
Ministry of Transportation and Communications, to be known as the Land
Transportation Commission, hereinafter referred to as the Commission,
to rationalize, develop, and continually improve land transportation
services and facilities and implement effectively the various
transportation laws, and rules and regulations to achieve the desired
objectives and uplift the economic well-being of the people.
Sec. 2. Composition of the Commission. — The
Commission shall be composed of a Chairman and four Commissioners who
shall all be appointed by the President of the Philippines for a term
of six (6) years; Provided, however, That of the members first
appointed, the Chairman shall serve for a term of six (6) years, two
Commissioners for four (4) years, and the remaining two Commissioners
for two (2) years.
The Chairman shall have the qualifications, salary, rank and privileges
of an Associate Justice of the Intermediate Appellate Court. Two of the
Commissioners shall have the qualifications, salary, rank and
privileges of a Judge of a Regional Trial Court. The two other
Commissioners need not be lawyers, but must be graduates of a reputable
college or institution with a degree in, among others, economics,
finance or management, and shall have the salary and age qualifications
of a Judge of a Regional Trial Court.
The Chairman and the Commissioners shall be of proven competence and
expertise in land transportation or its related fields. The Chairman
shall, at the same time, be the chief executive office of the
Commission, and shall be in charge of the administrative functions
thereof, possessing all the powers and authority necessary or
incidental thereto. The four Commissioners may, in addition to
performing their duties as members of the Commission, be assigned to
perform other functions by the Chairman relative to the administrative
and substantive operations of the Commission. The Chairman may
designate one of the Commissioners to take charge of the enforcement
functions of the Commission.
The Commission shall have an Executive Director who shall be appointed
by the President of the Philippines, upon recommendation of the
Commission and the Minister of Transportation and Communications. He
shall assist the Commission and the Chairman in his capacity as chief
executive officer, in the day-to-day management of the affairs and
operations of the Commission.
In the exercise by the Commission of its quasi-judicial functions,
decision shall be made by the Commission sitting en banc. Every
decision, order or resolution of the Commission must bear the approval
and signature of at least three (3) members of the Commission. In the
exercise of its other functions, the Commission shall serve as the
governing board and, as such, shall pass upon and act on
recommendations and other matters relative to the administrative and
substantive operations of the Commission. All personnel appointments
not requiring Presidential approval, shall be made by the Commission
subject to the approval of the Minister of Transportation and
Communications.
Sec. 3. Administrative Supervision and Control
Over the Commission. — The Ministry of Transportation and
Communications shall exercise administrative supervision and control
over the Commission.
Sec. 4. Jurisdiction. — The exercise by the
Commission of its quasi-judicial and other functions provided for
herein, as appropriate, shall apply only to motorized or engine-driven
vehicles and their ancillary components, except as provided in Section 11 hereof.
Non-motorized vehicles, such as animal-drawn carriages and carts, and
pedal-driven bicycles, shall not be within the jurisdiction of the
Commission, except when such vehicles are ancillary to and dependent
upon motorized vehicles, as in the case of truck trailers.
The Commission may empower, in whole or in part, at its discretion,
appropriate agencies, including local governments, to regulate the
operation of specialized motorized vehicles which as a general rule do
not operate on public roads, such as agricultural tractors, road
graders and other similar equipment, as well as those operating
exclusively within private subdivisions or private housing projects.
Sec. 5. Powers and Functions of the Commission. —
The Commission shall have, among others, the following powers and
functions:
(a)
Quasi-judicial powers and functions which require notice and hearing —
(1)
To identify, establish, prescribe, and regulate routes of service,
economically viable capacities, and zones or areas of operation of
public land transportation services provided by motorized vehicles;
Provided, That the establishment of routes and areas of operation shall
be in accordance with the public land transportation development plans
and programs approved by the Ministry of Transportation and
Communications;
(2) To issue,
amend, revise, suspend or cancel Certificate of Public Convenience or
permits authorizing the operation of public land transportation
services provided by motorized vehicles, and to prescribe the
appropriate terms and conditions therefor;
(3) To
determine, prescribe and approve, and periodically review and adjust,
reasonable fares, rates and other related charges relative to the
operation of public land transportation services provided by motorized
vehicles;
(4) To issue
preliminary or permanent injunction, whether prohibitory or mandatory
in all cases in which it has jurisdiction, and in which cases the
pertinent provisions of the Rules of Court shall apply;
(5) To punish
for contempt of the Commission, both direct and indirect, in accordance
with the pertinent provisions of, and the penalties prescribed by the
Rules of Court;
(6) To issue
subpoena and subpoena duces tecum and to summon witnesses to appear in
any proceedings of the Commission, to administer oaths and
affirmations, and, in appropriate cases, to order the search and
seizure of all vehicles and documents, as may be necessary for the
proper disposition of the cases before it; and
(7) To impose
fines and/or penalties for violation of this Order, or any other laws,
rules and regulations being implemented by the Commission, or its
orders, decisions and/or rulings.
(b)
Administrative powers and functions —
(1)
To register all motorized vehicles and issue licenses to drivers of
motorized vehicles, and fix, impose and to drivers of motorized
vehicles, and fix, impose and collect, and periodically review and
adjust, fees and charges therefor;
(2) To fix,
impose and collect, and periodically review and adjust, reasonable fees
and other related charges for services rendered, as well as
administrative fines for violation for pertinent laws, orders, rules
and regulations, decisions and rulings;
(3) To
implement and enforce laws and policies on land transportation, as well
as the rulings and decisions of the Commission in the exercise of its
quasi-judicial powers and functions;
(4) To
promulgate, administer and enforce standards of measurements and/or
design, and rules and regulations requiring operators of any public
land transportation service to equip, install and provide in their
utilities and in their stations such devices, equipment, facilities and
operating procedures and techniques as may promote safety, protection,
comfort and convenience to persons and property in their charge as well
as the safety of persons and property within their areas of operations;
and
(5) To
formulate, promulgate, implement and enforce rules and regulations on
land transportation, including the operation of both public land
transportation services and private vehicles.
(c)
Other powers and functions —
(1)
To prepare and submit to the Minister of Transportation and
Communications a national public land transportation development plan,
taking appropriate steps such as undertaking traffic and economic
studies, gathering and analyzing the necessary data and statistics,
estimating present and future requirements for land transportation
facilities, and developing resource procurement and use schedules to
meet these requirements; Provided, That such development plan shall be
updated periodically as the need therefor arises;
(2) To
coordinate and cooperate with other government agencies and other
entities concerned with any aspect involving public land transportation
services with the end in view of effecting continuing improvement of
such services;
(3) To
participate, in collaboration with the Ministry of Education, Culture
and Sports and other appropriate agencies, in the licensing and
supervision of motorized vehicle driving schools; and
(4) To perform
such other functions and duties as may be provided by law, or as may be
necessary, proper or incidental to the purposes and objectives of this
Order, or as may be assigned from time to time by the Minister of
Transportation and Communications.
(d) In this
exercise of its powers and functions, the Commission shall prescribe,
formulate, promulgate and implement such other appropriate procedures,
rules and regulations necessary to carry out the desired objectives of
this Order.
Sec. 6. Submission of Public Land Transportation
Development Plans and Programs. — In connection with its power to grant
franchise, the Commission shall prepare and submit to the Ministry of
Transportation and Communications, for approval, appropriate public
land transportation development plans and programs with at least
region-wide coverage and implications, indicating the broad guidelines
for the determination of public land transportation routes, their
economically feasible capacities, and zones or areas of operations.
Development plans and programs shall be the basis for the operation of
the appropriate public land transportation services. Such land
transportation development plans and programs may initially be prepared
and submitted in parts; Provided, That each submission shall at least
be of regional coverage;
Sec. 7. Regional Offices. — The Commission may
establish such regional offices as may be necessary which shall be
under the supervision and control of the Chairman. Each of these
regional offices shall be headed by a Regional Director who shall be
assisted by one or more Assistant Regional Directors.
Whenever practicable, and in order to enhance efficiency and economy in
operations, the Commission proper, as a body, may authorize the
regional offices of the Commission to conduct hearings with respect to
the exercise of its quasi-judicial functions, including the authority
to adjudicate certain matters as may be determined by the Commission,
and subject to such guidelines as it may prescribe.
Sec. 8. Appeals. — Decisions of the regional
offices made pursuant to the authority delegated to them shall be
appealable to the Commission. Decisions of the Commission shall be
appealable to the Intermediate Appellate Court by petition for review.
Sec. 9. Enforcement Functions of the Commission. —
The Commissioner designated by the Chairman pursuant to Sec. 2
hereof to oversee the enforcement functions of the Commission may
solicit the direct assistance of other agencies and units of the
government and deputize, for a fixed and limited period, the heads or
personnel of such agencies and units to perform enforcement functions
for the Commission. Decisions of the government agencies and units
exercising the enforcement functions by delegated authority of the
Commission shall be subject to review by the Commission.
Sec. 10. Authority Over the Metro Manila Transit
Corporation. — The Metro Manila Transit Corporation, an attached agency
of the Ministry of Transportation and Communications, shall be subject
to the authority of the Commission only with respect to the
determination of the routes and rates of the Corporation and any
measure for safety and protection of passengers in compliance with the
Public Service Law and other related laws governing public
transportation of passengers.
Sec. 11. Transfer of Regulatory Powers to Local
Governments. — Except with respect to the city or municipal governments
under the jurisdiction of the Metropolitan Manila Commission, the
exercise of regulatory powers and functions relative to motorized
tricycles used for public transportation is hereby transferred to the
city and municipal governments, except that the function of registering
motorized tricycles and the licensing of drivers thereof shall be
retained by the Commission, and the granting of franchises and the
setting of rates shall be upon the recommendation of the city and
municipal governments.
Sec. 12. Authority Over Public Transportation
Systems Operating on Railways. — The Commission shall assume authority
and jurisdiction over public transportation services or systems that
operate on railways, such as railroads and light rail transit systems,
whether operated by the Government or by private operators; Provided,
That with respect to systems operated by the Government, the Commission
shall assume authority and jurisdiction only to over the determination
of the routes and rates, and any measure for safety and protection of
passengers.
Sec. 13. Abolition of the Board of Transportation
and the Bureau of Land Transportation. — The Board of Transportation
and the Bureau of Land Transportation are hereby abolished, and their
powers, functions and responsibilities transferred to the Commission,
including applicable appropriations, records, properties, equipment,
rights, choses the action, obligations and liabilities; Provided, That
an inventory and valuation of the properties, equipment, rights, choses
in action, obligations and liabilities of the abolished agencies shall
be made by the Commission on Audit and the accountable officers of the
abolished agencies shall remain accountable therefor until issued a
certificate of clearance by the Commission on Audit; Provided, further,
That the quasi-judicial functions of the Board of Transportation
pertaining to water transportation shall be transferred to the Maritime
Industry Authority.
Officers and employees of the abolished agencies who are qualified and
retained by the Commission shall be issued the appropriate appointment.
Any such personnel who is not reappointed or who refuses appointment
shall be deemed to have been separated from the service and shall be
accordingly paid the money value of his accumulated vacation and sick
leaves; and such gratuity or retirement benefits as may be due him
under existing laws. Any personnel who does not qualify under existing
retirement laws, shall be paid one month’s salary for every year of
service, a remaining fraction of at least six months being considered
as one whole year, payable in lump sum from the savings and salary
lapses in the abolished agencies and/or the Ministry of Transportation
and Communications.
Sec. 14. Hold-Over Functions. — All present
incumbents of positions in the abolished agencies shall continue to
exercise their usual functions, duties and responsibilities unless
otherwise directed, pending, the issuance of the appropriate
implementing order.
Sec. 15. Staffing Pattern Personnel. — The
Commission shall determine its reorganization structure, including the
staffing pattern, and shall appoint the necessary personnel. The
Commission shall have the power to suspend or dismiss for cause any
employee and/or approve or disapprove the transfer, detail or
promotional appointment of employees.
Sec. 16. Implementing Rules and Regulations. — The
Minister of Transportation and Communications shall promulgate the
rules and regulations necessary to implement further.
Sec. 17. Repealing Clause. — All laws, decrees,
orders, proclamations, rules and regulations, or parts thereof, which
are inconsistent with any of the provisions of this Executive Order are
hereby repealed or modified accordingly; Provided, however, That
nothing in this section shall be construed as having modified or
repealed any of the provisions of Presidential Decree No. 1605.
Sec. 18. Separability Clause. — Any provision of
this Executive Order which may be declared unconstitutional or invalid
shall not have the effect of nullifying the other provisions hereof;
Provided, That such remaining provisions can still stand and be given
effect in their entirety to accomplish the purposes and objectives of
this Executive Order.
Sec. 19. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 20th day of March, in the year of Our Lord, nineteen hundred and
eighty-five.