EXECUTIVE ORDER NO. 435
EXECUTIVE ORDER NO. 435 - DEVOLVING
TO THE AUTONOMOUS REGIONAL GOVERNMENT OF THE AUTONOMOUS REGION IN
MUSLIM MINDANAO CERTAIN POWERS AND FUNCTIONS OF THE DEPARTMENT OF
TRANSPORTATION AND COMMUNICATIONS, ITS SECTORAL OFFICES AND ATTACHED
AGENCIES IN THE REGION, AND FOR OTHER PURPOSES
WHEREAS,
pursuant to Section s 1 and 15, Article X of the Constitution, Republic
Act No. 6734 entitled “An Act providing for an Organic Act for the
Autonomous Region in Muslim Mindanao” was enacted;
WHEREAS, under Sec. 2, Article V of RA 6734, the Autonomous Region
in Muslim Mindanao (ARMM) has jurisdiction over matters devolved to it
by the Constitution and the Organic Act which include, among others,
“the powers, functions and responsibilities now being exercised by the
departments of the National Government”;
WHEREAS, pursuant to the aforesaid section of RA 6734, the powers,
functions and responsibilities exercised in the region by the
Department of Transportation and Communication (DOTC), its sectoral
offices and attached agencies are now devolved to the ARMM except
“maritime, land and air transportation and communication that affect
areas outside the Autonomous Region”;
WHEREAS, Section 16, Article X of the Constitution provides that “all
powers, functions and responsibilities not granted by this Constitution
or by law to the autonomous regions shall be vested in the National
Government”;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Declaration of Policy. — In line with the
policy of the State under the Constitution to ensure the autonomy of
local governments, it is hereby declared the policy of the National
Government that powers, functions and responsibilities of departments
of the National Government, its sectoral offices and attached agencies
devolved by virtue of the Constitution and RA 6734 be fully and
expeditiously transferred to, and assumed and exercised by, the
Autonomous Regional Government (ARG) of the ARMM.
Sec. 2. Transfer of Offices, Assets and
Liabilities. — All offices of the DOTC, its sectoral offices and
attached agencies now existing in the ARMM, including their personnel,
equipment, properties, budgets, assets and liabilities are hereby
transferred to and placed under the control and supervision of the ARG
subject to Article XIX of RA 6734.
Sec. 3. Control and Supervision of Transferred
Offices of DOTC and its Attached Agencies. — Offices of the DOTC, its
sectoral offices and attached agencies in the ARMM transferred to and
placed under the control and supervision of the ARG shall cease to be
part of the DOTC or its attached agencies and shall no longer be under
the control and supervision of the DOTC Secretary or the governing
boards of the attached agencies, as the case may be. These transferred
offices shall become either regional executive commissions, boards,
bureaus or offices as the ARG may, in its discretion and under its
authority, structure them. Pursuant to Section 18, Article VIII of RA
6734, the Regional Governor of the ARMM, subject to the exceptions
provided under the Organic Act, shall have control over regional
executive commissions, boards, bureaus or offices, and shall ensure
that the laws are faithfully executed.
Sec. 4. Devolution of the Powers and Functions of
DOTC . — The powers and functions of the DOTC under Executive Order No.
125 as amended and Executive Order No. 292 (Administrative Code of
1987), insofar as the exercise thereof is confined to the ARMM and does
not affect areas outside the autonomous region, are hereby devolved to
the ARMM subject to national transportation and communication policies
and programs.
Sec. 5. Devolution of Specific Powers, Functions
and Responsibilities of Sectoral Offices and Attached Agencies of DOTC— Insofar as the exercise thereof by the ARG is confined to the ARMM
and does not affect areas outside the autonomous region, and subject to
national transportation and communication policies and programs, the
following specific powers, functions and responsibilities of the
sectoral offices of the DOTC are hereby devolved to the ARG:
A.
LAND TRANSPORTATION OFFICE (LTO)
1.
To issue licenses to operate motor vehicles within the ARMM to persons
who upon written and practical examinations have shown proficiency in
the operation of motor vehicles, pursuant to the provisions of RA 4136
and relevant laws; provided that driver’s licenses issued by the ARG
may be honored outside the ARMM subject to recording and validation
procedures of the Land Transportation Office;
2. To register
motorcycles and motorized tricycles and to charge registration fees
therefor in accordance with existing laws;
3. To enforce
all transportation and traffic laws, rules and regulations within the
ARMM, confiscate licenses, impound vehicles if warranted by law or
regulation, and impose fines and penalties to violators, including
suspension and revocation of licenses and registration, subject to
observance of due process of law;
4. To issue
rules and regulations consistent with existing transportation and other
relevant laws to govern traffic and transportation in the ARMM.
B.
LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB)
1.
To prescribe and regulate routes, economically viable capacities, and
zones or areas of operation of public land transportation services
provided by motorized vehicles within the ARMM, consistent with the
national public land transportation development policies and plans;
provided that the ARG and the LTFRB/DOTC shall coordinate with regard
to the establishment and regulation of inter-regional routes, zones or
areas of operation that pass through, include or involve the territory
of the ARMM;
2. To issue,
amend, or revise Certificates of Public Convenience (CPC) or permits
authorizing the operation of public land transportation services
provided by motorized vehicles exclusively within the ARMM, prescribe
the appropriate terms and conditions therefor, and for cause, suspend,
cancel or revoke the same; provided that jurisdiction over public
utility vehicles with inter-regional CPC’s or permits, that ply routes
within the ARMM shall remain exclusively with the LTFRB;
3. To
determine, prescribe, 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 exclusively within the ARMM;
4. To issue
preliminary or permanent injunction, whether prohibitory or mandatory,
in all cases within its jurisdiction in which cases the pertinent
provisions of the Rules of Court shall apply;
5. To punish
for contempt; both direct and indirect in accordance with the pertinent
provisions of, and the penalties prescribed by, the Rules of Court;
6. To issue
subpoenas and subpoena duces tecum and summon witnesses to appear in
any proceedings of the appropriate office in the ARG, to administer
oaths and affirmations, and in appropriate cases, to order the search
and seizure of all vehicles and documents, upon probable cause and as
may be necessary for the proper disposition of the cause before it;
7. To conduct
investigations and hearings of complaints for violation of the public
service laws on land transportation and of the rules and regulations,
orders, decisions or rulings and to impose fines or penalties for such
violations; provided that if the violations possess inter-regional
CPC’s or permits, the appropriate office of the ARG in charge of
enforcement of public service laws on land transportation shall file
and prosecute the appropriate cases with the LTFRB;
8. To review
motu propio the decisions/actions of the Provincial Franchising and
Regulatory Offices within the ARMM;
9. To
promulgate rules and regulations governing proceedings before the
appropriate office in the ARG and the Provincial Franchising and
Regulatory Office. However, except with respect to paragraphs 4, 5, 6
and 7 hereof, the rules of procedure and evidence prevailing in the
courts of law should not be controlling but rather the spirit and
intention of said rules. The appropriate office in the ARG and the
Provincial Franchising and Regulatory Offices shall use every and all
reasonable means to ascertain facts in each case speedily and
objectively and without regard to technicalities of law and procedures,
all in the interest of due process;
10. To fix,
impose and collect, and periodically review and adjust, reasonable fees
and other related charges for services rendered within the ARMM;
11. To
formulate, promulgate, administer, implement and enforce rules and
regulations on land transportation public utilities, standards of
measurements 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 charges as well as the safety of persons and property within
their areas of operation; provided, that the same shall apply only
within the ARMM and on public transport vehicles under its
jurisdiction; and provided further, that the rules and regulations are
consistent with existing laws and national policies, and the designs
and standards are not below nationally prescribed levels;
12. To
coordinate and cooperate with other government agencies and entities
concerned with any aspect involving public land transportation services
with the end view of effecting continuing improvement of such services;
and
13. To perform
such other functions and duties as may be provided by law, or as may be
necessary, or proper or incidental to the purposes and objectives of
the ARG.
C.
AIR TRANSPORTATION OFFICE (ATO)
1.
To manage, supervise and control government airports within the ARMM,
except the airside at such airports, where aircraft are controlled and
navigational aids and facilities are located, which shall remain under
the control and supervision of the National Government, through the
DOTC/ATO;
2. Upon close
consultation with the ATO, promulgate rules and regulations to promote
safety and security in civil aviation in the ARMM, which shall be
consistent with law and international regulations and standards;
3. To fix and
impose reasonable charges and fees on the use of its airports and
related facilities under its control and supervision;
4. To
recommend to the ATO the designation and establishment of airways
within its jurisdiction and to participate in studies pertaining to the
development of civil aviation;
5. To extend
technical assistance to private airport operations entities within its
territorial jurisdiction;
6. To maintain
and operate aircraft necessary to carry out the objectives and
activities of the ARG;
7. To design,
install, manage, operate, maintain and repair the airports in the ARMM
in accordance with national standards set by the ATO;
8. To enforce
the rules and regulations issued pursuant to R.A. 776 and other air
transportation laws within its jurisdiction and in coordination with
the ATO, conduct investigation, and upon observance of due process,
impose penalties for the violations thereof; provided that, on appeal,
the President shall cause the ATO to review the findings and
conclusions of the ARG and to make recommendations relative thereto; and
9. To perform
such other functions related to civil aviation as may be provided by
law.
D.
MARITIME INDUSTRY AUTHORITY (MARINA)
1.
To issue Certificate of Public Convenience (CPC), Provisional Authority
(PA) and Special Permit (SP) for both contested and uncontested
applications, provided that the vessels are homeported and are
operating exclusively within the ARMM territorial boundaries; and
provided further, that the issuance of CPC/PA/SP of vessels homeported
in the ARMM operating inter-regionally shall be forwarded to this
Authority;
2. To issue
SP’s for the temporary utilization of domestic vessels in the
Brunei-Darussalam, Indonesia, Malaysia and Philippines-East ASEAN
Growth Area (BIMP-EAGA) routes;
3. To accredit
banca operators whose principal office is located within the ARMM
jurisdiction;
4. To register
vessels of all tonnages homeported within its territorial boundary and
to issue the corresponding document appurtenant thereto;
5. To conduct
safety inspection of vessels homeported and operating with the ARMM
jurisdiction so as to determine the Safety of Life at Sea (SOLAS)
compliance and manning requirements;
6. To issue
Coastwise License/Bay and River License/Pleasure Yacht License on all
domestic vessels homeported within the ARMM regional boundaries;
7. To issue
Motorboat Operator’s License for operators of vessels weighing three
(3) Gross Registered Tonnages (GRT) and below which are homeported and
are operating exclusively within the ARMM jurisdiction;
8. To issue
licenses to shipyards within the ARMM subject to existing guidelines;
9. To issue
Domestic Seafarer’s Identification and Record Book (SIRB) subject to
existing MARINA rules and regulations; and
10. To collect
fees not exceeding those charged under existing MARINA circulars and
issue receipts therefor in the exercise of the devolved functions.
E.
PHILIPPINE PORTS AUTHORITY (PPA)
1.
To formulate, in coordination with the Regional Development Office, a
comprehensive and practicable port development plan for the autonomous
region and to program its implementation, and review and update the
same regularly in coordination with other regional agencies;
2. To
supervise, control, regulate, construct, maintain, operate and provide
such facilities or services as are necessary in all ports within the
ARMM;
3. To
prescribe rules and regulations, procedures, and guidelines governing
the establishment, construction, maintenance, and operation of
additional ports, including private ports in the ARMM;
4. To license,
control, regulate, supervise any construction or structure within any
port in the ARMM;
5. To provide
services (whether on its own, by contract or otherwise) within the
region and the approaches thereof including but not limited to:
5.1
berthing, towing, mooring, moving, slipping, or docking any vessel;
5.2 loading or
discharging any vessel; and
5.3 sorting,
weighing, measuring, or otherwise, handling goods.
6.
To exercise control or administer any foreshore rights or leases within
its jurisdiction;
7. To
coordinate with the Regional Bureau of Lands or any other regional
government agency of corporation, in the development of any foreshore
area;
8. To control,
regulate, and supervise pilotage and the conduct of pilots in any port
in the ARMM;
9. To provide
or assist in the provision of training programs and training facilities
for its staff, or staff of port operators and users for the efficient
discharge of its functions, duties, and responsibilities;
10. To
exercise the corporate powers and the police authority now vested in
the Regional Ports Authority; provided that the exercise of police
authority shall not extend to areas outside the autonomous region;
11. To perform
such acts or provide such services as may be deemed proper and
necessary to carry out and implement the provisions of this Executive
Order.
F.
NATIONAL TELECOMMUNICATIONS COMMISSION (NTC)
1.
To issue Certificates of Public Convenience for the operation of
communication utilities and services, radio communication systems, wire
or wireless telephone or telegraph systems, radio and television
broadcasting system and other similar public utilities within the ARMM;
2. To
establish, prescribed and regulate areas of operation of particular
operators of public services communications within the ARMM; and
determine and prescribe charges or rates pertinent to the operation of
such public utility 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 recognized by the Philippine Government as the proper arbiter of
such charges or rates;
3. To grant
permit for the use of radio frequencies for wireless telephone and
telegraph systems and radio communication systems including amateur
radio stations and radio and television broadcasting systems within the
region;
4. To
establish and prescribe rules, regulations, standards and
specifications in all cases related to the issued Certificates of
Public Convenience and administer and enforce the same within its
territorial jurisdiction;
5. To
coordinate and cooperate with government agencies and other entities
concerned with any aspect involving communications service in the ARMM;
6. To
promulgate such rules and regulations applicable within its
jurisdiction, as public safety and interest may require, to encourage a
larger and more effective use of communications, radio and television
broadcasting facilities and to maintain effective competition among
private entities in these activities whenever the appropriate office in
the ARG finds it reasonably feasible;
7. To
supervise and inspect the operation of radio stations and
telecommunications facilities in the region;
8. To
undertake the examination and licensing of radio operators in the
region;
9. To
undertake, whenever necessary, the registration of radio transmitters
and transceivers operated and used within its territorial jurisdiction;
10. To perform
such other functions as may be prescribed by law.
G.
CIVIL AERONAUTICS BOARD (CAB)
1.
To monitor and enforce, in coordination with the CAB, compliance with
laws, rules and regulations governing those engaged in air
transportation and air commerce in the ARMM;
2. To regulate
the activities of air carriers, airfreight forwarders, general sales
agents and cargo sales agents operating within the ARMM consistent with
existing laws.
Sec. 6. Transition Period. — During such period,
not to exceed one (1) year from the effectivity hereof, that the ARG is
structuring, organizing, staffing, equipping, and otherwise preparing
the appropriate ARG offices for the full discharge of their powers,
functions and responsibilities as devolved, the DOTC, its sectoral
offices and attached agencies are hereby directed to extend their
assistance and support to ensure that the services needed by the public
are not disrupted.
Sec. 7. Standard Setting. — The ARG, in the
exercise of the powers devolved in this Executive Order, may formulate
its own standards; provided, that in the formulation of regional
standards, it shall adhere to the national standards and pertinent
national laws as a minimum requirement.
Sec. 8. Programs and Projects. — Locally-funded
projects of DOTC, its sectoral offices and attached agencies within the
ARMM including the corresponding project staff, budgets and assets
thereof, are hereby transferred to the ARG. Control and supervision of
foreign funded or assisted projects covered by existing contracts, that
are to be implemented within the ARMM, shall be the subject of a
Memorandum of Agreement between the ARG and the DOTC or the agency
concerned, as the case may be.
Sec. 9. Assets, Equipment, Offices and Land. — All
existing assets and equipment being utilized or programmed for use in
the four (4) provinces of the ARMM are hereby turned over to the ARG.
The offices and land where the edifices are built or equipment is
located or installed within the ARMM are likewise hereby transferred to
the ARG.
Sec. 10. Personnel Matters. — Plantilla positions,
whether filled or unfilled, of the regional field offices of the DOTC
and its sectoral offices and attached agencies in the four (4) ARMM
provinces, are hereby placed under the supervision and control of the
ARG. Personal services budgets are henceforth also transferred.
All offices and employees in the career executive/career service in the
offices to be absorbed by the ARG shall be considered regular and
permanent officials and employees of the ARG and shall retain their
seniority rights, compensation, and other benefits. They shall enjoy
security of tenure and shall not be removed except for valid cause,
after due notice and hearing in accordance with Civil Service laws,
rules and regulations.
Personnel who refuse to be absorbed by the ARG shall have the following
options:
a)
Regular retirement;
b) Transfer to
an office of the DOTC, its sectoral office or its attached agencies in
another region if position is available and management so approves the
same;
c) Transfer to
another office based on the availability of positions.
Nothing herein shall be interpreted or construed as depriving any
affected personnel of any rights and benefits under the Civil Service
and other laws.
Sec. 11. Proportionate Allocation of Personnel,
Budgets and Other Resources. — DOTC offices or its attached agencies
which do not have offices within the ARMM but have regional offices in
Region 9 and 12, which serve the four (4) ARMM provinces, shall
immediately transfer to the ARG a proportionate share of their
positions/personnel, equipment, budgets, assets and other resources.
Sec. 12. Special Assistance. — The DOTC, its
sectoral offices or attached agencies has no or few resources to
transfer to the autonomous region, special assistance in the form of
additional budgetary support or technical assistance in kind shall be
extended to the ARG.
Sec. 13. Technical Assistance. — The DOTC, its
sectoral offices and attached agencies shall extend technical
assistance and other related services to the ARG in improving the
administrative, fiscal and technical skills of its personnel.
Sec. 14. Submission of Quarterly Report. — A
quarterly report on the status of the implementation of this Executive
Order shall be submitted to the President by the ARG.
Sec. 15. Implementing Rules. — The DOTC in
consultation with the ARG, shall issue the implementing rules and
regulations of this Executive Order within sixty (60) days from its
effectivity.
Sec. 16. Separability Clause. — If any provision
of this Executive Order is declared unconstitutional or contrary to
law, the validity and effectivity of the other provisions hereof shall
not be affected.
Sec. 17. Effectivity. — This Executive Order shall
take effect fifteen (15) days after its publication in a national
newspaper of general circulation and one (1) newspaper of general
circulation in the ARMM.
DONE in the City of Manila,
this 28th day of August, in the year of Our Lord, nineteen hundred and
ninety-seven.
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