Professional Documents
Culture Documents
Section 8. Staff Offices. - The Department shall have the following staff (4) To promulgate rules and regulations governing the proceedings
offices: before it; provided that except with respect to paragraph c, the rules
of procedure and evidence prevailing in the courts of law shall not be
(1) The Office of the Assistant Secretary for Administrative and Legal controlling and all reasonable means to ascertain the facts in each case
Affairs composed of the Administrative Service and the Legal Service; shall be used without regard to technicalities of law and procedures
but all in the interest of due process; and
(2) The Office of the Assistant Secretary for Finance and
Comptrollership composed of the Finance and Management Service (5) To perform such other functions and duties as may be provided by
and the Comptrollership Service; law, or as may be necessary, or proper or incidental to its powers and
functions.
(3) The Office of the Assistant Secretary for Planning and Project
Development composed of the Planning Service and the Project CHAPTER 3
Development Service; and DEPARTMENT SERVICES
(4) The Office of the Assistant Secretary for Management Information Section 13. Department Services. - The Department Services shall
and Project Management composed of the Management Information include the following:
Service and the Project Management Service.
(1) Administrative Service;
Section 9. Line Offices. - The Department shall have the following line
offices: (2) Legal Service;
(1) The Office of the Assistant Secretary for Land Transportation; (3) Finance and Management Service;
(2) The Office of the Assistant Secretary for Postal Services; (4) Comptrollership Service;
(3) The Office of the Assistant Secretary for Telecommunications; and (5) Planning Service;
(4) The Office of the Assistant Secretary for Air Transportation. (6) Project Development Service;
The line offices shall each have an Executive Director who shall assist the (7) Management Information Service; and
respective Assistant Secretary in the implementation and enforcement
of the policies, programs and projects, and the pertinent laws on their (8) Project Management Service.
respective areas of responsibilities.
Each of the above named services shall be headed by a Service Chief
Section 10. Service Units in the Office of the Assistant Secretary for Land appointed by the President upon the recommendation of the Secretary.
Transportation. - There shall be two service units in the Office of the
CHAPTER 4
Assistant Secretary for Land Transportation, namely:
REGIONAL OFFICES
(1) Law Enforcement Service, and
Section 14. Regional Offices. - The Department shall have three (3)
(2) Traffic Adjudication Service. Regional Offices in each of the administrative regions of the country: the
Regional Office for Land Transportation, the Regional Office for
Each of the aforesaid service units shall be headed by a Service Chief to Telecommunications and the Regional Office for Postal Services. Each
be appointed by the President upon recommendation of the Secretary Regional Office shall be headed by a Regional Director to be assisted by
of Transportation and Communication. an Assistant Regional Director.
Section 11. Functions of the Law Enforcement Service. - The Law The Regional Offices shall essentially be line in character and shall be
Enforcement Service shall have the same functions and powers as those responsible for the delivery of all front line services of the Department.
that the former Law Enforcement Division in the Office of the Assistant
Secretary for Land Transportation exercised. For such purposes, the Regional Offices shall have, within their
respective administrative regions, the following functions:
Section 12. Functions of the Traffic Adjudication Service. - The Traffic
Adjudication Service shall have the following powers and functions: (1) Implement laws, policies, plans, programs, projects, rules and
regulations of the Department;
(b) Responsibility of the Director General - The Director General shall be (i) Invest such of the Authority's funds that are not immediately
responsible for the exercise of all powers and the discharge of all duties required for operating expenses, or other immediate obligations in any
of the Authority and shall have control over all personnel and activities business venture the Board may deem appropriate, or in such secured
of the Authority. note, government securities, and other negotiable instruments that
satisfy the guidelines prescribed by the Board. Funds of the Authority
SEC. 21. Policies. - In the exercise and performance of its powers and shall be deposited in such commercial and universal banks as the Board
duties under this Act, the Authority shall consider the following, among may determine, subject to the requirements of existing laws. The
other things, as being in the public interest and in accordance with the Board shall designate the officials authorized to deposit in or withdraw
public convenience and necessity: funds from such depository banks;
(a) The development and utilization of the air potential of the (j) Promulgate rules and regulations as may be necessary in the interest
Philippines; of safety in air commerce pertaining to the issuance of the airman's
certificate including the licensing of operating and mechanical (3) To the extent practicable, require uniform procedures for the
personnel, type certificate for aircraft, aircraft engines, propellers and inspection, detention, and search of persons and property in
appliances, airworthiness certificates, air carrier operating certificates, domestic commercial air transport and international commercial
air agency certificates, navigation facility and aerodrome certificates; air transport to assure their safety and to assure that they will
air traffic routes; radio and aeronautical telecommunications and air receive courteous and efficient treatment by air operators and
navigation aids; aircraft accident inquiries; aerodromes, both public their agents and employees.
and private-owned; construction of obstructions to aerodromes;
height of buildings; antennae and other edifices; registration of SEC. 25. Issuance of Rules and Regulations. - The Board, in consultation
aircrafts; search and rescue; facilitation of air transports; operations of with the Director General, shall issue and provide for the enforcement
aircrafts, both for domestic and international, including scheduled and of such orders, rules and regulations as may be necessary to give effect
non-scheduled; meteorology in relation to civil aviation; rules of the to the provisions of this Act. All rules and regulations issued in
air; air traffic services; rules for prevention of collision of aircrafts, accordance with the provisions of this Act shall be formally promulgated
identification of aircraft; rules for safe altitudes of flight; and such and periodically reviewed and updated in accordance with the
other rules and regulations, standards, governing other practices, requirements of the Administrative Code of the Philippines or any
methods and/or procedures as the Director General may find amendment or successor thereto and the International Civil Aviation
necessary and appropriate to provide adequately for safety regularity Organization Standards and Recommended Practices. Pending the
and efficiency in air commerce and air navigation; promulgation of such new rules and regulations, the current rules and
regulations of the AT0 shall continue to apply.
(k) Impose and fix reasonable charges and fees for the use of
government aerodromes or air navigation facilities; for services SEC. 35. Powers and Functions of the Director General. - The Director
rendered by the Authority in the rating of any aerodrome or air General shall be the chief executive and operating officer of the
navigation facilities, civil aviation schools and instructors, aircraft Authority. He shall have the following powers, duties and
repair stations, and aircraft radio and aeronautical responsibilities:
telecommunications stations;
(a) To carry out the purposes and policies established in this Act; to
(l) Fix the reasonable charges to be imposed in the use of privately- enforce the provisions of the rules and regulations issued in
owned air navigation facilities and aerodromes; pursuance to said Act; and he shall primarily be vested with authority
to take charge of the technical and operational phase of civil aviation
(m) Adopt a system for the registration of aircraft as hereinafter matters;
provided;
(b) To designate and establish civil airways, to acquire, control,
(n) Determine and fix, landing fees, parking space fees, royalties on operate and maintain along such airways, navigation facilities and to
sales or deliveries, direct or indirect, to any aircraft for its use of chart such airways and arrange for their publication including the
aviation gasoline, oil and lubricants, spare parts, accessories and aeronautical charts or maps required by the international
supplies, tools, other royalties, fees or rentals for the use of any of the aeronautical agencies, by utilizing the equipment, supplies or
property under its management and control; assistance of existing agencies of the government as far as
practicable;
(o) Approve the annual and supplementary budget plan and utilization
of retained revenue; (c) To issue airman's certificate specifying the capacity in which the
holder thereof is authorized to serve as airman in connection with
(p) Exercise the corporate powers granted to the Authority; aircraft and shall be issued only upon the finding that the applicant is
properly qualified and physically able to perform the duties of the
(q) Upon its own initiative or the recommendation of the Director
position. The certificate shall contain such terms, conditions and
General or an application of a private person, grant exemption from
limitations as the Director General may determine to be necessary to
the requirements of observing rules or regulations issued in
assure safety in air commerce: Provided, however, That the airman's
accordance with this Act: Provided, That said grant of exemption is not
license shall be issued only to qualified persons who are citizens of
prejudicial to flight safety;
the Philippines or qualified citizens of countries granting similar rights
(r) Formulate rules and regulations concerning compliance of the and privileges to citizens of the Philippines;
carrier and the public for the safe transport of goods and materials by
(d) To issue airworthiness certificate for aircraft which shall prescribe
air pursuant to international standards or Annexes to the Chicago
the duration of such certificate, the type of service for which the
Convention; and
aircraft may be used, and such other terms and conditions and
(s) In coordination with the appropriate government agency tasked to limitations as are required;
provide airport security, shall:
(e) To issue air carrier operating certificate in accordance with the
(1) Prescribe reasonable regulation requiring that all passengers minimum safety standards for the operation of the air carrier to
and all property intended to be carried in the aircraft cabin in whom such certificate is issued. The air carrier operating certificate
commercial air transport be screened by weapon-detecting shall be issued only to aircrafts registered under the provisions of this
procedure or facilities employed or operated by employees or Act;
agents of the air operator or foreign air operator prior to boarding
(f) To issue type certificate for aircraft, aircraft engine, propellers and
the aircraft for such transportation;
appliances;
(2) Prescribe such other reasonable rules and regulations
(g) To inspect, classify and rate any air navigation facilities and
requiring such parties, methods and procedures as the Director
aerodromes available for the use of aircraft as to its suitability for
General may find necessary to protect persons and property
such use and to issue a certificate for such air navigation facility and
aboard aircraft operating in commercial air transport against acts
aerodrome; and to determine the suitability of foreign aerodromes,
of criminal violence and aircraft piracy; and
air navigation facilities as well as air routes to be used prior to the order denying, suspending, cancelling, revoking the certificate or
operation of Philippine-registered aircraft in foreign air license may he appealed to the Board, whose decisions shall he final
transportation and from time to time thereafter as may be required within fifteen (15) days from the date of notification of such denial,
in the interest of safety in air commerce; cancellation or revocation;
(h) To issue certificates of persons or civil aviation schools giving (t) To grant authorization to civil aircraft or persons to carry
instruction in flying, repair stations, and other air agencies and instruments or photographic devices to be used for aerial
provide for the examination and rating thereof; photography or taking of pictures by photograph or sketching of any
part of the Philippines; and
(i) To provide for the enforcement of the rules and regulations issued
under the provisions of this Act and to conduct investigation for (u) Pursuant to a board resolution, to enter into, make and execute
violations thereto. In undertaking such investigation, to require by contracts of any kind with any person, firm, or public or private
subpoena ad testificandum or subpoena duces tecum, the attendance corporation.
and testimony of witnesses, the production of books, papers,
documents, exhibits matter, evidence, or the taking of depositions Civil Aeronautics Board, RA 776, as amended
before any person authorized to administer oath. Refusal to submit
the reasonable requirements of the investigation committee shall be SECTION 5. Composition of the Board. - The Civil Aeronautics Board shall
punishable in accordance with the provisions of this Act; be composed of the Secretary of Transportation and Communications
or his designated representative as Chairman, the Assistant Secretary
(j) To collect and disseminate information relative to civil aeronautics for Air Transportation of the Department of Transportation and
and the development of air commerce and the aeronautical industry; Communications as Vice-Chairman, the Commanding General of the
to exchange with foreign governments, information pertaining to civil Philippine Air Force* and two (2) members to be appointed by the
aeronautics; and to provide for direct communication on all matters President of the Philippines. They shall hold office at the pleasure of the
relating to the technical or operational phase of aeronautics with President.
international aeronautical agencies:
No member of the Board shall have any pecuniary interest in,
(k) To acquire and operate such aircraft as may be necessary to or own any stock or bond of, any civil aeronautics enterprise.
execute the duties and functions of the Authority prescribed in this
Act; SECTION 10. Powers and duties of the Board. - (A) Except as otherwise
provided herein, the Board shall have the power to regulate the
(l) To plan, design, acquire, establish, construct, operate, improve, economic aspect of air transportation, and shall have the general
maintain, and repair necessary aerodromes and other air navigation supervision and regulation of, the jurisdiction and control over, air
facilities; carriers, general sales agents, cargo sales agents, and airfreight
forwarders as well as their property, property rights, equipment,
(m) To collect and receive charges and fees for the registration of facilities, and franchise, in so far as may be necessary for the purpose of
aircraft and for the issuance and/or renewal of licenses or certificates carrying out the provisions of this Act.
for aircraft, aircraft engines, propellers and appliances, and airmen as
provided in this Act; (B) The Board may perform such acts, conduct such investigations, issue
and amend such orders, and make and amend such general and special
(n) To impose fines and/or civil penalties in respect thereto; rules, regulations, and procedures as it shall deem necessary to carry
out the provisions of this Act.
(o) To participate actively with the largest possible degree in the
development of international standardization of practices in aviation (C) The Board shall have the following specific powers and duties:
matters important to safe, expeditious, and easy navigation, and to
implement as far as practicable the international standards, (1) In accordance with the provisions of Chapter 4 of this Act,
recommended practices and policies adopted by appropriate to issue, deny, amend, revise, alter, modify, cancel, suspend, or revoke,
international aeronautical agencies; in whole or in part, upon petition or complaint, or upon its own
initiative, any temporary operating permit or Certificate of Public
(p) To exercise and perform its powers and duties under this Act Convenience and Necessity; Provided, however, That in the case of
consistent with any obligation assumed by the Republic of the foreign air carriers, the permit shall be issued with the approval of the
Philippines in any treaty, convention or agreement on civil aviation President of the Republic of the Philippines.
matters;
(2) To fix and determine reasonable individual, joint or special
(q) To cooperate, assist and coordinate with any research and rates, charges or fares, which an air carrier may demand, collect or
technical agency of the government on matters relating to research receive for any service in connection with air commerce. The Board may
and technical studies on design, materials, workmanship, adopt any original, amended, or new individual, joint or special rates,
construction, performance, maintenance and operation of aircraft, charges or fares proposed by an air carrier if the pro- posed individual,
aircraft engines, propellers, appliances, and air navigation facilities joint, or special rates, charges for fares are not unduly preferential or
including aircraft fuel and oil: Provided, That nothing in this Act shall unduly discriminatory or unreasonable. The burden of proof to show
be construed to authorize the duplication of the laboratory research, that the proposed individual, joint or special rates, charges or fares are
activities or technical studies of any existing governmental agency; just and reasonable shall be upon the air carrier proposing the same.
(r) To designate such prohibited and danger areas, in consonance with In fixing rates, charges, fares under the provisions of this Act,
the requirements of the international aeronautical agencies and the Board shall take into consideration, among other factors:
national security;
(a) The effect of such rates upon the movement of traffic;
(s) To issue, deny, suspend, cancel or revoke any certificate, license
pertaining to aircraft, airmen and air agencies: Provided, That any
(b) The need in the public interest of adequate and No general sales agent, cargo sales agent or airfreight
efficient transportation of persons and property by air carriers at the forwarder shall engage in any of the activities mentioned in Section 3
lowest cost consistent with the furnishing of such service. paragraphs (jj), (kk) and (ll) respectively, unless there is in force a permit
or any other form of authorization issued by the Board.
(c) Such standards respecting the character and
quality of service to be rendered by air carriers as may be prescribed Any permit may be altered, amended, modified, suspended, canceled or
by or pursuant to law; revoked by the Board in whole or in part, upon complaints or petition or
upon the Board's initiative as hereinafter provided, whenever the Board
(d) The inherent advantages of transportation by aircraft; and finds such action to be in the pub- lic interest.
(e) The need of each air carrier for revenues sufficient There shall be attached to the exercise of the privileges
to enable such air carrier, under honest, economical, and efficient granted by the permit, or amendment thereto, such reasonable terms,
management, to provide ade- quate and efficient air carrier service. conditions, or limitations as, in the judgment of the Board, the public
interest may require.
(3) To authorize any type of charters whether domestic or
international and special air services or flight under such terms and No permit shall confer any proprietary, property, or exclusive
conditions as in its judgment public interest requires. Notwithstanding right in the use of any air space, civil airway, landing area of
the existence of bilateral air agreement, the CAB is authorized to grant government air navigation facility.
any foreign airline increase in frequencies and/or capacities on
international routes when in its judgment the national interest requires The permit shall, among others specify the terminal and
it, provided that the utilization of the increase frequencies and intermediate points, if any, between which the air carrier is authorized
capacities is not more than thirty days. All grants of frequencies and/or to operate the service to be rendered, the time of arrival and departure
capacities shall be subject to the approval of the President. at each point, and the frequency of flights. Provided, that no change in
routes, rates, schedules or frequency nor supplemental or additional
(4) To approve or disapprove increase and/or decrease of flights to those covered by an air commerce permit or franchise shall be
capital, lease, pur- chase, sales of aircraft of air carrier engaged in air affected without prior approval of the Civil Aeronautics Board. In so far
commerce; consolidation, merger, purchase, lease and acquisition and as the operation is to take place within the Philippines, the permit shall
control of operating contracts between domestic foreign air carriers, or designate the terminal and intermediate points only inso- far as the
between domestic air carriers or any person engaged in any phase of Board shall deem practicable, and otherwise shall designate only the
aeronautics. general route or routes to be followed.
(5) To inquire into the management of the business of any air No carrier shall abandon any route, or part thereof for which
carrier and, to the extent reasonably necessary for such inquiry, to a permit has been issued, unless upon findings by the Civil Aeronautics
obtain from such carrier, and from any person controlling, or controlled Board that such an abandonment is uneconomical and is in the public
by, or under common control with, such air carrier, full and complete interest.
reports and other informations. Such reports shall be under oath
whenever the Board so requires. SECTION 12. Citizenship requirement. - Except as otherwise
provided, in the Constitution and existing treaty or treaties, permit
(6) To require annual, monthly, periodical, and special reports authorizing a person to engage in do- mestic air commerce and/or
from any air carrier, to prescribe the manner and form in which such transportation shall be issued only to citizens of the Philippines.
reports shall be made, and to re- quire from any air carrier specific
answers to all questions upon which the Board may deem information EO 125-A
to be necessary. Such reports shall be under oath whenever the Board
so requires. The Board may also require any air carrier to file with it any Sec. 9. Assistant Secretaries and Service Chiefs. The Secretary shall also
contract, agreement, understanding or arrangement, or a true copy be assisted by eight (8) Assistant Secretaries appointed by the President
thereof, between such air carrier and any other carrier or person, in upon the recommendation of the Secretary, each of whom shall
relation to any traffic affected by the provisions of this Act. respectively be responsible for the following four (4) staff offices
composed of eight (8) services and four (4) line offices, and shall report
(7) To prescribe the forms of any and all accounts, records, and to the respective Undersecretaries assigned by the Secretary, which
memoran- da of the movement of traffic, as well as of the receipts and Undersecretary shall have control and supervision over said respective
expenditures of money, and the length of times such accounts, records services and offices:
and memoranda shall be preserved: Provid- ed, that any air carrier may
keep additional accounts, records, or memoranda if they do not impair (a) Office of the Assistant Secretary for Administrative and
the integrity of the accounts, records, or memoranda prescribed or Legal Affairs;
approved by the Board and do not constitute an undue financial burden 1) Administrative Service, and
on such air carrier. 2) Legal Service
(b) Office of the Assistant Secretary for Finance and
(8) To require each officer and director of any air carrier to Comptrollership;
transmit a report describing the shares of stock with any persons 1) Finance and Management Service, and
engaged in any phase or other interest held by such air carrier of 2) Comptrollership Service
aeronautics, and the holding of the stock in and control of, oth- er c) Office of the Assistant Secretary for Planning and Project
persons engaged in any phase of aeronautics. Development;
1) Planning Service, and
SECTION 11. Nature, terms and conditions. - Certificate of
2) Project Development Service
Public Convenience and Necessity is a permit issued by the Board
authorizing a person to en- gage in air commerce and/or transportation, (d) Office of the Assistant Secretary for Management
Information Service and Project Management;
foreign and/or domestic. No person shall en- gage in air commerce
unless there is in force a permit issued by the Board. 1) Management Information Service, and
2) Project Management Service Sec. 2. Composition of the Board. The Board shall be composed of a
e) Office of the Assistant Secretary for Land Transportation; Chairman and two (2) members with the same rank, salary and
(f) Office of the Assistant Secretary for Postal Services; privileges of an Assistant Secretary, all of whom shall be appointed by
(g) Office of the Assistant Secretary for Telecommunications; the President of the Philippines upon recommendation of the Secretary
(h) Office of the Assistant Secretary for Air Transportation. of Transportation and Communications. One (1) member of the Board
Each of the above-named services shall be headed by a service chief shall be a member of the Bar and shall have engaged in the practice of
appointed by the President upon the recommendation of the law in the Philippines for at least five (5) years, another a holder of a
Secretary." degree in civil engineering, and the other a holder of a degree in
economics, finance or management both with the same number of
"Sec. 11. Department Regional Offices. The Department shall have three years of experience and practice.
(3) Department Regional Offices in each of the administrative regions of
the country: the Department Regional Office for land Transportation, Sec. 4. Supervision and Control Over the Board. The Secretary of
the Department Regional Office for Telecommunications and the Transportation and Communications, through his duly designated
Department Regional Office for Postal Services. The present Regional Undersecretary, shall exercise administrative supervision and control
Offices of the Land Transportation Commission are hereby abolished over the Land Transportation Franchising and Regulatory Board.
and their functions are transferred to the respective Department
Regional Offices for Land Transportation. The present Regional Offices Sec. 5. Powers and Functions of the Land Transportation Franchising and
of the Bureau of Telecommunications are hereby abolished and their Regulatory Board. The Board shall have the following powers and
functions are transferred to the respective Department Regional Offices functions:
for Telecommunications. The present Regional Offices of the Bureau of
a. To prescribe and regulate routes of service, economically viable
Posts are hereby abolished and their functions are transferred to the
capacities and zones or areas of operation of public land
corresponding Department Regional Offices for Postal Services. Each
transportation services provided by motorized vehicles in accordance
Department Regional Office shall be headed by a Department Regional
with the public land transportation development plans and programs
Director and assisted by a Department Assistant Regional Director. The
approved by the Department of Transportation and Communications;
present Airport Offices of the Bureau of Air Transportation are hereby
abolished and their functions are transferred to the Department Airport b. To issue, amend, revise, suspend or cancel Certificates of Public
Offices. The abolition of the herein Regional Offices and the transfer of Convenience or permits authorizing the operation of public land
their functions shall be governed by the provisions of Section 15 (b) transportation services provided by motorized vehicles, and to
hereof. prescribe the appropriate terms and conditions therefor;
The Department Regional Offices shall essentially be line in character c. To determine, prescribe and approve and periodically review and
and shall be responsible for the delivery of all front line services of the adjust, reasonable fares, rates and other related charges, relative to
Department. the operation of public land transportation services provided by
motorized vehicles;
For such purposes, the Department Regional Offices shall have within
their respective administrative regions, the following functions: d. To issue preliminary or permanent injunction, whether prohibitory
or mandatory, in all cases in which it has jurisdiction, and in which
(a) Implement laws, and policies, plans, programs, projects, rules
cases the pertinent provisions of the Rules of Court shall apply;
and regulations of the Department;
e. To punish for contempt of the Board, both direct and indirect, in
(b) Provide efficient, and effective service to the people;
accordance with the pertinent provisions of, and the penalties
(c) Coordinate with regional offices of other departments, offices prescribed by, the Rules of Court;
and agencies;
f. To issue subpoena and subpoena duces tecum and summon
(d) Coordinate with local government units; witnesses to appear in any proceedings of the Board, to administer
oaths and affirmations;
(e) Perform such other functions as may be provided by law."
g. To conduct investigations and hearings of complaints for violation
Sec. 13. Abolition/Transfer/Consolidation: of the public service laws on land transportation and of the Board's
rules and regulations, orders, decisions and/or rulings and to impose
(a) The Land Transportation Commission is hereby abolished and its fines and/or penalties for such violations;
staff functions are transferred to the service offices of the
Department Proper and its line functions are transferred to the h. To review motu proprio the decisions/actions of the Regional
Department Regional Offices for Land Transportation as provided in Franchising and Regulatory Office herein created;
Section 11 herein. Such transfer of functions is subject to the
provisions of Section 15 (b) hereof. The quasi-judicial powers and i. To promulgate rules and regulations governing proceedings before
functions of the Commission are transferred to the Department. The the Board and the Regional Franchising and Regulatory Office:
corresponding position structure and staffing pattern shall be Provided, That except with respect to paragraphs d, e, f and g hereof,
approved and prescribed by the Secretary pursuant to Section 16 the rules of procedure and evidence prevailing in the courts of laws
hereof. should not be controlling and it is the spirit and intention of said rules
that the Board and the Regional Franchising and Regulatory Offices
shall use every and all reasonable means to ascertain facts in its case
Land Transportation Franchising and Regulatory Board, EO 202,
speedily and objectively and without regard to technicalities of law
Sec. 1. Creation of the Land Transportation Franchising and Regulatory and procedures, all in the interest of due process;
Board. There is hereby created in the Department of Transportation and
j. To fix, impose and collect, and periodically review and adjust,
Communications, the Land Transportation Franchising and Regulatory
reasonable fees and other related charges for services rendered;
Board hereinafter referred to as the "Board".
k. To formulate, promulgate, administer, implement and enforce Philippine Coast Guard and other law enforcement agencies to
rules and regulations on land transportation public utilities, standards effectively discharge these functions;
of measurements and/or design, and rules and regulations requiring
operators of any public land transportation service to equip, install (g) Undertake the issuance of licenses to qualified seamen and
and provide in their utilities and in their stations such devices, harbor, bay and river pilots;
equipment facilities and operating procedures and techniques as may
(h) Determine, fix and/or prescribe charges and/or rates pertinent to
promote safety, protection, comfort and convenience to persons and
the operation of public water transport utilities, facilities and services
property in their charges as well as the safety of persons and property
except in cases where charges or rates are established by
within their areas of operations;
international bodies or associations of which the Philippines is a
l. To coordinate and cooperate with other government agencies and participating member or by bodies or associations recognized by the
entities concerned with any aspect involving public land Philippine Government as the proper arbiter of such charges or rates.
transportation services with the end in view of effecting continuing
(i) Accredit marine surveyors and maritime enterprises engaged in
improvement of such services; and
shipbuilding, shiprepair, shipbreaking, domestic and overseas
m. To perform such other functions and duties as may be provided by shipping ship management and agency;
law, or as may be necessary, or proper or incidental to the purposes
(j) Issue and register the continuous discharge book of Filipino
and objectives of this Executive Order.
seamen;
Sec. 6. Decision of the Board; Appeals therefrom and/or Review thereof.
(k) Establish and prescribe rules and regulations, standards and
The Board, in the exercise of its powers and functions, shall sit and
procedures for the efficient and effective discharge of the above
render its decisions en banc. Every such decision, order, or resolution of
functions;
the Board must bear the concurrence and signature of at least two (2)
members thereof. (l) Perform such other functions as may now or hereafter be provided
by law.
The decision, order or resolution of the Board shall be appealable to the
Secretary within thirty (30) days from receipt of the decision: Provided, RA 9295
That the Secretary may motu proprio review any decision or action of
the Board before the same becomes final. SEC. 9. Safety Standards. - All vessels operate by domestic ship
operators shall at all times be in seaworthy condition properly equipped
Sec. 7. Creation of Regional Franchising and Regulatory Offices. There
with adequate life-saving, communication, safety and other equipment
shall be a Regional Franchising and Regulatory Office in each of the
operated and maintained in accordance with the standards set by
administrative regions of the country which shall be headed by a Board
MARINA, and manned by duly licensed and competent vessel crew.
Regional Manager having the rank, salary and privileges of a Department
Assistant Regional Director. The Regional Franchising and Regulatory The MARINA shall have the power to inspect vessels and all equipment
Offices shall hear and decide uncontested applications/petitions for on board to ensure compliance with safety standards.
routes, within their respective administrative regions: Provided, That
applications/petitions for routes extending their respective territorial SEC. 10. Jurisdiction; Power; and Duties of MARINA. - The MARINA shall
jurisdictions shall be heard and decided by the Board. have the power and authority to:
Sec. 12. Maritime Industry Authority. The Maritime Industry Authority is (2) Issue certificates of public convenience or any extensions or
hereby retained and shall have the following functions: amendments thereto, authorizing the operation of all kinds. Classes
and types of vessels in domestic shipping: Provided, That no such
(a) Develop and formulate plans, policies, programs, projects, certificate shall be valid for a period of more than twenty-five (25)
standards, specifications and guidelines geared toward the years;
promotion and development of the maritime industry, the growth
and effective regulation of shipping enterprises, and for the national (3) Modify, suspend or revoke at any time upon notice and hearing,
security objectives of the country; any certificate, license or accreditation it may have issued to any
domestic ship operator;
(b) Establish, prescribe and regulate routes, zones and/or areas of
operation of particular operators of public water services; (4) Establish and prescribe routes, zones or areas of operations of
domestic ship operators;
(c) Issue Certificates of Public Convenience for the operation of
domestic and overseas water carriers; (5) Require any domestic ship operator to provide shipping services
to any coastal area, island or region in the country where such
(d) Register vessels as well as issue certificates, licenses or documents services are necessary for the development of the area, to meet
necessary or incident thereto; emergency sealift requirements, or when public interest so requires;
(e) Undertake the safety regulatory functions pertaining to vessel (6) Set safety standards for vessels in accordance with applicable
construction and operation including the determination of manning conventions and regulations;
levels and issuance of certificates of competency to seamen;
(7) Require all domestic ship operators to comply with operational
(f) Enforce laws, prescribe and enforce rules and regulations, and safety standards for vessels set by applicable conventions and
including penalties for violations thereof, governing water regulations, maintain its vessels in safe and serviceable conditions,
transportation and the Philippine merchant marine, and deputize the meet the standards of safety of life at sea and safe manning
requirements, and furnish safe, adequate, efficient, reliable and seafarers and all such other matters pertaining to the implementation
proper service at all times; of the STCW Convention, subject to the following:
(8) Inspect all vessels to ensure and enforce compliance with safety (1) The MARINA shall ensure that the examination, licensing and
standards and other regulations; certification system for marine deck and engine officers are in
accordance with the requirements prescribed under the STCW
(9) Ensure that all domestic ship operators shall have the financial Convention. All powers, duties and functions of the PRC on
capacity to provide and sustain safe, reliable, efficient and economic examination, licensing and certification system for marine deck and
passenger or cargo service, or both; engine officers as provided in Republic Act No. 8544, otherwise
known as "The Philippine Merchant Marine Officers Act of 1998",
(10) Determine the impact which any new service shall have to the
shall henceforth be exercised by the MARINA. The compensation
locality it will serve;
and allowances of the Board of Marine Deck Officers and Marine
(11) Adopt and enforce such rules and regulations which will ensure Engine Officers under Article TV, Section 8 of Republic Act No. 8544
compliance by every domestic ship operator with required safety shall, however, be comparable to the compensation and
standards and other rules and regulations on vessel safety; allowances being received by the chairpersons and members of
other existing regulatory boards under the PRC and as provided in
(12) Adopt such rules and regulations which ensure the reasonable the General Appropriations Act.
stability of passengers and freight rates and, if necessary, to intervene
in order to protect public interest; (2) The MARINA shall adopt rules and regulations, in accordance
with the STCW Convention, governing able-bodied deck and engine
(13) Hear and adjudicate any complaint made in writing involving any ratings including:
violation of this law or the rules and regulations of the Authority;
(i) Monitoring and verification of compliance with the standards
(14) Impose such fines and penalties on, including the revocations of of ratings;
licenses of any domestic ship operator who shall fail to maintain its
vessels in safe and serviceable condition, or who shall violate or fail (ii) Harmonization of the procedures for periodic evaluation,
to comply with safety regulations; assessment and monitoring activities undertaken by accredited
institutions with registered programs for ratings; and
(15) Investigate any complaint made in writing against any domestic
ship operator, or any shipper, or any group of shippers regarding any (iii) Issuance of certificates of proficiency to ratings.
matter involving violations of the provisions of this Act;
(3) The MARINA shall ensure that all legal and administrative
(16) Upon notice and hearing, impose such fines, suspend or revoke measures relative to the issuance of certificates of competency of
certificates of public convenience or other license issued, or GMDSS radio operators are in accordance with the STCW
otherwise penalize any ship operator, shipper or group of shippers Convention. For this purpose, the MARINA shall assess, revalidate
found violating the provisions of this Act; and and issue GMDSS radio operator’s certificate in accordance with
the provisions under the STCW Convention.
(17) Issue such rules and regulations necessary to implement the
provisions of this Act: Provided, That such rules and regulations (4) The MARINA shall ensure that all maritime education, including
cannot change or in any way amend or be contrary to the intent and the curricula and training programs, are structured and delivered
purposes of this Act. in accordance with the written programs, methods and media of
delivery, procedures, and course materials compliant with
SEC. 11. Rates. - Every domestic ship operator shall have the right to fix international standards as prescribed under the STCW Convention.
its own passenger pr cargo rates, or both. For this purpose, the MARINA shall:
(5) The MARINA shall coordinate with the DOH to ensure that the
medical standards established to ascertain the medical fitness of
seafarers are in accordance with the international
conventions/treaties and existing laws. For this purpose, the
MARINA shall:
Article 1733. Common carriers, from the nature of their business and
for reasons of public policy, are bound to observe extraordinary
diligence in the vigilance over the goods and for the safety of the
passengers transported by them, according to all the circumstances of
each case.
Article 1753. The law of the country to which the goods are to be
transported shall govern the liability of the common carrier for their
loss, destruction or deterioration.
Article 1766. In all matters not regulated by this Code, the rights and
obligations of common carriers shall be governed by the Code of
Commerce and by special laws.