EXECUTIVE ORDER NO. 514
EXECUTIVE ORDER NO. 514 - FURTHER
AMENDING EXECUTIVE ORDER NO. 495, SERIES OF 1991, AS AMENDED, BY
PROVIDING FOR THE REGULARIZATION OF THE PHILIPPINE SHIPPER’S COUNCIL
WHEREAS,
Executive Order No. 495, series of 1991, as amended, directed the
dissolution of the Philippine Shippers’ Council and its incorporation
as a private, non-stock and non-profit corporation with the Securities
Exchange Commission; and
WHEREAS, subsequent developments require the retention and justify the
conversion of the Philippine Shippers’ Council into a regular
government agency;
NOW THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. Declaration of Policy. — It is hereby
declared the policy of the State to facilitate the assist the
development and growth of Philippine trade and the national economy by
enhancing the legitimate interests of Philippine shippers.
Sec. 2. Regularization. — The Philippine Shippers’
Council is hereby converted into a regular agency under the Department
of Trade and Industry to be known as the Philippine Shippers’ Bureau,
hereinafter referred to as the Bureau.
Sec. 3. Powers and Functions. — The Bureau shall
have the following powers and functions:
a.
Promote and protect the common interests of Philippine exporters,
importers and other commercial users of water transport; and maintain
and foster close cooperation and mutual assistance among them;
b. Conduct
continuing consultations and negotiations with shipping companies,
associations of shipping interest, government authorities and other
institutions and persons, whether foreign or domestic, for the shipment
of goods on time at reasonable rates and acceptable shipping terms and
conditions;
c. Mediate
and/or arbitrate disputes between members of associations of shipping
interests and between the said members and non-members;
d. Serve as
the clearing house of information on shipping service and other related
matters;
e. Recommend
appropriate measures to promote and develop Philippine trade and
commerce through the economical and efficient carriage of
merchandise;
f. Maintain
and develop harmonious relationships and enter into mutually-beneficial
arrangements with domestic and international shippers’ associations or
council;
g. Participate
in conferences and present the government position concerning shipping
policies and the promotion of export and import trade; and negotiate
for reasonable freight rates at international shipping conferences and
non-conference lines and trampers;
h. Register
and accredit non-vessel operating common carriers, freight forwarders,
cargo consolidators and break-bulk agents in accordance with existing
agreements and charge reasonable fees therefor;
i. Implement
the provisions of Presidential Decrees Nos. 917 and 1466 and their
implementing rules and regulations governing freight booking and cargo
consolidation; and seaborne transport, respectively; and
j. Perform
such other functions as may hereinafter be provided by law.
Sec. 4. Bureau Officials. — The Bureau shall be
headed by a Director who shall be assisted by an Assistant Director.
The Director and the Assistant Director shall be appointed by the
President of the Philippines and both must have the necessary
background in international and domestic trade, overseas and
inter-island shipping, economics and maritime matters and must have had
at least three (3) years of work experience in research, planning and
management in a responsible capacity.
The Director shall have the following powers and functions:
a.
Exercise supervision and control over all divisions and other units
under the Bureau;
b. Established
policies and standards for the operations of the Bureau pursuant to the
plans and programs of the Department of Trade and Industry;
c. Promulgate
rules and regulations necessary to carry out the Bureaus’ objectives,
policies and functions;
d. Submit
within thirty (30) days after the close of every calendar year an
annual report to the Secretary of Trade and Industry and such other
reports the latter may require;
e. Submit an
annual budget and such supplemental budgets as may be necessary to the
Secretary of Trade and Industry for his consideration and approval;
f. Enter into
any obligation, contract or transaction essential to the Bureau’s
administrative and operational requirements in accordance with existing
laws, rules and regulations;
g. Receive, in
behalf of the Bureau, grants and donations that may be given by foreign
or local sources;
h. Appoint
personnel in the Bureau in accordance with existing laws, rules and
regulations;
i. Exercise
disciplinary action over all personnel in the Bureau in accordance with
the Civil Service law, rules and regulations; and
j. Perform
such other functions as may be directed by the Secretary of Trade and
Industry.
The Assistant Director shall have the following powers and functions:
a.
Assist the Director in the exercise of his powers and the performance
of his functions;
b. Act as
Director during the Director’s absence, sickness or other temporary
disability to act as such; and
c. Perform
such other functions as may be directed by the Director or the
Secretary of Trade and Industry.
Sec. 5. New Structure and Pattern. — Upon the
effectivity of this Executive Order, the Executive Director of the
Philippine Shippers’ Council shall be the Acting Director of the Bureau
pending the appointment of the Director and the Assistant Director by
the President of the Philippines. The Officers and employees of the
Philippine Shippers’ Council shall, in a holdover capacity, continue to
perform their respective duties and responsibilities and receive their
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to existing laws, rules and
regulations.
The Secretary of Trade and Industry, upon the recommendation of the
Director, shall submit the necessary organizational structure for the
Bureau to the Secretary of Budget and Management within ninety (90)
days from the effectivity of this Executive Order. The authorized
positions created thereunder shall be filled with regular appointments
in accordance with existing laws. Those incumbents whose positions are
not included therein or who are not reappointed shall be deemed
separated from the service. Those separated from the service shall
receive the benefits to which they may be entitled under existing laws,
rules and regulations. Otherwise, they shall be paid the equivalent of
one (1) month basic salary for every year of service in the government,
or a fraction thereof computed on the basis of the highest salary
received, but in no case shall such payment exceed the equivalent of
twelve (12) months’ salary.
Sec. 6. Transfer of Records and Others. — The
records, equipment, facilities, chooses in action, rights, other assets
and personnel of the Philippine Shippers’ Council are hereby
transferred to the Bureau. The appropriations and funds of the
Philippine Shippers’ Council, if any, shall revert to the General Fund
after reserving the amount necessary to pay the benefits of those
separated from the service under Sec. 5 hereof: Provided, That if
the appropriations and funds of the Philippine Shippers’ Council are
not sufficient to pay such benefits, the deficiency shall be satisfied
from the savings of the Department of Trade and Industry.
Sec. 7. Funding. — The amount necessary to carry
out the provisions of this Executive Order shall be charged against the
appropriation of the Philippine Shippers’ Council under the General
Appropriations Act of 1992 and any deficiency shall be taken from the
contingent funds under the same Act. Thereafter, the appropriations for
the Bureau shall be included in the annual general appropriations bill
submitted to Congress.
Sec. 8. Implementing Authority. — The Secretary of
Trade and Industry shall promulgate such rules, regulations and other
issuances as may be necessary to ensure the efficient and effective
implementation of this Executive Order.
Sec. 9. Applicability of References to the
Philippine Shippers’ Council. — All references to the Philippine
Shippers’ Council under existing laws, rules and regulations, as may
still be valid and applicable and insofar as consistent with the
provisions of this Executive Order, shall henceforth be deemed as
reference to the Bureau.
Sec. 10. Notice or Consent Requirements. — If any
reorganizational change authorized in this Executive Order is of such
substance or materiality as to prejudice third persons with rights
recognized by law or contract such that notice to or consent of
creditors is required to be made or obtained pursuant to any agreement
entered into with any such creditors, such notice or consent
requirements shall be complied with prior to the implementation of such
reorganizational change.
Sec. 11. Separability. — Any portion or provision
of this Executive Order that may subsequently be declared
unconstitutional or invalid shall not have the effect of nullifying
other portions or provisions hereof as long as such remaining portions
or provisions can still subsist and be given effect in their entirety.
Sec. 12. Repeal. — Presidential Decrees Nos. 165
and 833 and all other laws, rules and regulations inconsistent with
this Executive Order are hereby repeal or amended
accordingly.
Sec. 13. Effectivity. — This Executive Order shall
take effect after fifteen (15) days from its publication in a newspaper
of general circulation or in the Official Gazette.
DONE in the City of Manila,
this 26th day of March, in the year of Our Lord, nineteen hundred and
ninety-two.
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