EXECUTIVE ORDER NO. 125-A
EXECUTIVE ORDER NO. 125-A -
AMENDING EXECUTIVE ORDER NO. 125, ENTITLED “REORGANIZING THE MINISTRY
OF TRANSPORTATION AND COMMUNICATIONS, DEFINING ITS POWERS AND
FUNCTIONS, AND FOR OTHER PURPOSES”
WHEREAS,
considering the peculiar situation obtaining in the Department of
Transportation and Communications (DOTC), there is a compelling need to
clarify and/or modify structural and functional organization of the
Department as provided under Executive Order No. 125 in order to ensure
compliance with its mandate and the attainment of the corresponding
objectives as specified in Sec. 4 of said Executive
Order.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order:
Section 1. Section s 5, 8, 9, 10 and 11 of Executive
Order No. 125, otherwise known as the Reorganization Act of the
Ministry of Transportation and Communications, are hereby amended to
read as follows:
“Sec. 5. Powers and Functions. — To accomplish its mandate,
the Department shall have the following powers and functions:
(a)
Formulate and recommend national policies and guidelines for the
preparation and implementation of integrated and comprehensive
transportation and communications systems at the national, regional and
local levels;
(b) Establish
and administer comprehensive and integrated programs for transportation
and communications, and for this purpose, may call on any agency,
corporation, or organization, whether public or private, whose
development programs include transportation and communications as an
integral part thereof, to participate and assist in the preparation and
implementation of such program;
(c) Assess,
review and provide direction to transportation and communications
research and development programs of the government in coordination
with other institutions concerned;
(d) Administer
and enforce all laws, rules and regulations in the field of
transportation and communications;
(e) Coordinate
with the Department of Public Works and Highways in the design,
location, development, rehabilitation, improvement, construction,
maintenance and repair of all infrastructure projects and facilities of
the Department. However, government corporate entities attached to the
Department shall be authorized to undertake specialized
telecommunications, ports, airports and railways projects and
facilities as directed by the President of the Philippines or as
provided by law;
(f) Establish,
operate and maintain a nationwide postal system that shall include mail
processing, delivery services, and money order services and promote the
art of philately;
(g) Issue
certificates of public convenience for the operation of public land and
rail transportation utilities and services;
(h) Accredit
foreign aircraft manufacturers and/or international organizations for
aircraft certification in accordance with established procedures and
standards;
(i) Establish
and prescribe rules and regulations for identification of routes, zones
and/or areas of operations of particular operators of public land
services;
(j) Establish
and prescribe rules and regulations for the establishment, operation
and maintenance of such telecommunications facilities in areas not
adequately served by the private sector in order to render such
domestic and overseas services that are necessary with due
consideration for advances in technology;
(k) Establish
and prescribe rules and regulations for the operation and maintenance
of a nationwide postal system that shall include mail processing,
delivery services, money order services and promotion of philately;
(l) Establish
and prescribe rules and regulations for issuance of certificates of
public convenience for public land transportation utilities, such as
motor vehicles, trimobiles and railways;
(m) Establish
and prescribe rules and regulations for the inspection and registration
of air and land transportation facilities, such as motor vehicles,
trimobiles, railways and aircrafts;
(n) Establish
and prescribe rules and regulations for the issuance of licenses to
qualified motor vehicle drivers, conductors, and airmen;
(o) Establish
and prescribe the corresponding rules and regulations for the
enforcement of laws governing land transportation, air transportation
and postal services, including the penalties for violations thereof,
and for the deputation of appropriate law enforcement agencies in
pursuance thereof;
(p) Determine,
fix and/or prescribe charges and/or rates pertinent to the operation of
public air and land transportation utility facilities and services,
except such rates and/or charges as may be prescribed by the Civil
Aeronautics Board under its charter, and, in cases where charges or
rates are established by international bodies or associations of which
the Philippines is a participating member or by bodies or associations
recognized by the Philippine government as the proper arbiter of such
charges or rates;
(q) Establish
and prescribe the rules, regulations, procedures and standards for the
accreditation of driving schools;
(r) Administer
and operate the Civil Aviation Training Center (CATC) and the National
Telecommunications Training Institute (NTTI); and
(s) Perform
such other powers and functions as may be prescribed by law, or as may
be necessary, incidental, or proper to its mandate or as may be
assigned from time to time by the President of the Republic of the
Philippines.”
“Sec. 8. Undersecretaries. — The Secretary shall be
assisted by four (4) Undersecretaries Appointed by the President upon
the recommendation of the Secretary.
“Sec. 9.
Assistant Secretaries and Service Chiefs. — The Secretary shall also be
assisted by eight (8) Assistant Secretaries appointed by the President
upon the recommendation of the Secretary, each of whom shall
respectively be responsible for the following four (4) staff offices
composed of eight (8) services and four (4) line offices, and shall
report to the respective Undersecretaries assigned by the Secretary,
which Undersecretary shall have control and supervision over said
respective services and offices:
(a)
Office of the Assistant Secretary for Administrative and Legal Affairs;
1)
Administrative Service, and
2) Legal
Service
(b)
Office of the Assistant Secretary for Finance and Comptrollership;
1)
Finance and Management Service, and
2)
Comptrollership Service
(c)
Office of the Assistant Secretary for Planning and Project Development;
1)
Planning Service, and
2) Project
Development Service
(d)
Office of the Assistant Secretary for Management Information Service
and Project Management;
1)
Management Information Service, and
2) Project
Management Service
(e)
Office of the Assistant Secretary for Land Transportation;
(f) Office of
the Assistant Secretary for Postal Services;
(g) Office of
the Assistant Secretary for Telecommunications;
(h) Office of
the Assistant Secretary for Air Transportation.
Each
of the above-named services shall be headed by a service chief
appointed by the President upon the recommendation of the Secretary.”
SECTION
10. Structural Organization. — The Department, aside
from the Department proper which is comprised of the Offices of the
Secretary, Undersecretary and Assistant Secretaries shall include the
Department regional offices and the attached agencies and corporations
referred to in Section 14 hereof.
The Office of the Secretary
shall have direct line supervision and control over the Department
regional offices. The Department proper shall be responsible for
developing and implementing policies, plans, programs and projects for
the Department.”
“SECTION 11.
Department Regional Offices. — The Department shall have three (3)
Department Regional Offices in each of the administrative regions of
the country: the Department Regional Office for land Transportation,
the Department Regional Office for Telecommunications and the
Department Regional Office for Postal Services. The present Regional
Offices of the Land Transportation Commission are hereby abolished and
their functions are transferred to the respective Department Regional
Offices for Land Transportation. The present Regional Offices of the
Bureau of Telecommunications are hereby abolished and their functions
are transferred to the respective Department Regional Offices for
Telecommunications. The present Regional Offices of the Bureau of Posts
are hereby abolished and their functions are transferred to the
corresponding Department Regional Offices for Postal Services. Each
Department Regional Office shall be headed by a Department Regional
Director and assisted by a Department Assistant Regional Director. The
present Airport Offices of the Bureau of Air Transportation are hereby
abolished and their functions are transferred to the Department Airport
Offices. The abolition of the herein Regional Offices and the transfer
of their functions shall be governed by the provisions of Section 15
(b) hereof.
The Department Regional Offices
shall essentially be line in character and shall be responsible for the
delivery of all front line services of the Department.
For such purposes, the
Department Regional Offices shall have within their respective
administrative regions, the following functions:
(a)
Implement laws, and policies, plans, programs, projects, rules and
regulations of the Department;
(b) Provide
efficient, and effective service to the people;
(c) Coordinate
with regional offices of other departments, offices and agencies;
(d) Coordinate
with local government units;
(e) Perform
such other functions as may be provided by law.”
Sec. 2. Section s 12, 13, 15 and 16 of said
Executive Order are hereby deleted.
Sec. 3. Section 14 of said Executive Order is
hereby renumbered as Section 12 and amended to read as follows:
“SECTION
12. Maritime Industry Authority. — The Maritime
Industry Authority is hereby retained and shall have the following
functions:
(a)
Develop and formulate plans, policies, programs, projects, standards,
specifications and guidelines geared toward the promotion and
development of the maritime industry, the growth and effective
regulation of shipping enterprises, and for the national security
objectives of the country;
(b) Establish,
prescribe and regulate routes, zones and/or areas of operation of
particular operators of public water services;
(c) Issue
Certificates of Public Convenience for the operation of domestic and
overseas water carriers;
(d) Register
vessels as well as issue certificates, licenses or documents necessary
or incident thereto;
(e) Undertake
the safety regulatory functions pertaining to vessel construction and
operation including the determination of manning levels and issuance of
certificates of competency to seamen;
(f) Enforce
laws, prescribe and enforce rules and regulations, including penalties
for violations thereof, governing water transportation and the
Philippine merchant marine, and deputize the Philippine Coast Guard and
other law enforcement agencies to effectively discharge these
functions;
(g) Undertake
the issuance of licenses to qualified seamen and harbor, bay and river
pilots;
(h) Determine,
fix and/or prescribe charges and/or rates pertinent to the operation of
public water transport utilities, facilities and services except in
cases where charges or rates are established by international bodies or
associations of which the Philippines is a participating member or by
bodies or associations recognized by the Philippine Government as the
proper arbiter of such charges or rates;
(i) Accredit
marine surveyors and maritime enterprises engaged in shipbuilding,
shiprepair, shipbreaking, domestic and overseas shipping ship
management and agency;
(j) Issue and
register the continuous discharge book of Filipino seamen;
(k) Establish
and prescribe rules and regulations, standards and procedures for the
efficient and effective discharge of the above functions;
(l) Perform
such other functions as may now or hereafter be provided by law.”
Sec. 4. Section 17 of Executive Order No. 125 is
hereby renumbered as Section 13 and amended to read as
follows:
“SECTION
13. Abolition/Transfer/Consolidation:
(a)
The Land Transportation Commission is hereby abolished and its staff
functions are transferred to the service offices of the Department
Proper and its line functions are transferred to the Department
Regional Offices for Land Transportation as provided in Section 11
herein. Such transfer of functions is subject to the provisions of
Section 15 (b) hereof. The quasi-judicial powers and functions of the
Commission are transferred to the Department. The corresponding
position structure and staffing pattern shall be approved and
prescribed by the Secretary pursuant to Section 16 hereof.
(b) PNL
Leasing, Inc. is hereby abolished and its functions are transferred to
Philippine National Lines, Inc. subject to the provisions of Section 15
(b) hereof. The Secretary of Transportation and Communications or his
designated representative shall be the Chairman of the Board.
(c) The
National Aero Manufacturing, Inc. and the Philippine Aero Systems, Inc.
are hereby abolished in accordance with the provisions of Section 15
(a) hereof.
(d) The Civil
Aeronautics Board is hereby transferred from the Department of Tourism
to the Department as an attached agency in accordance with the
provision of Section 15 (a) hereof. The Secretary of Transportation and
Communications or his designated representative shall be the Chairman
of the Board.
(e) The
Maritime Training Council’s function of issuing certificates of
competency to seamen under LOI 1404 is hereby transferred to the
Maritime Industry Authority.”
Sec. 5. Section s 18, 19, 20, 21, 22, 23, 24, 25
and 26 of said Executive Order are hereby renumbered as Section s 14,
15, 16, 17, 18, 19, 20, 21 and 22, respectively.
Sec. 6. Sec. 27 of said Executive Order is
hereby renumbered as Sec. 23 and amended as follows:
“Sec. 23. Repealing Clause. — Presidential Decree No. 890,
Letter of Instruction Nos. 263 and 371 Executive Order No. 1011 dated
March 20, 1985 are hereby repealed. All laws ordinances, rules,
regulations, other issuances or parts thereof which are inconsistent
with this Executive Order are hereby repealed or modified accordingly.”
Sec. 7. Sec. 28 of said Executive Order is
hereby renumbered as Sec. 24.
Sec. 8. This Executive Order shall take effect
immediately upon its approval.
Done in the City of Manila,
Philippines, this 13th day of April, in the year, of Our Lord, nineteen
hundred and eighty-seven.
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Since 19.07.98.