EXECUTIVE ORDER NO. 546
EXECUTIVE ORDER NO. 546 - CREATING
A MINISTRY OF PUBLIC WORKS AND A MINISTRY OF TRANSPORTATION AND
COMMUNICATIONS
WHEREAS,
the accelerated pace of national development requires the effective,
purposeful and unified implementation of public works projects and the
effective control and supervision of transportation and communications
facilities and services;
WHEREAS, the development, rehabilitation, improvement, construction,
maintenance and repairs of ports, flood control and drainage systems,
buildings, water supply systems; and other public works facilities
involve the utilization of technologies and manpower different from
those required for the control and supervision of transportation and
communications facilities and services;
WHEREAS, a rational distribution of the functions of government
pertaining to public works on one hand and control and supervision of
facilities and services related to transportation and communications on
the other would enhance the efficiency of government;
WHEREAS, in keeping with the policy of government to effect continuing
reforms in the organizational structure to enhance efficiency and
effectiveness, it is necessary to entrust in one ministry all functions
pertaining to the construction, repair and maintenance of public works
facilities and restructure the organization for the control and
supervision of transportation and communications facilities and
services in the country; and
WHEREAS, under Presidential Decree No. 1416, the President is given
continuing authority to reorganize the National Government.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, and pursuant
to the authority vested in me by Presidential Decree No. 1416, do
hereby order and ordain:
A.
— MINISTRY OF PUBLIC WORKS
Section 1. Creation of a Ministry of Public Works. —
There is hereby created a Ministry of Public Works, hereinafter
referred to as the Ministry, which shall assume the public works
functions of the Ministry of Public Works, Transportation and
Communications and such other functions as may be assigned to it by
law.
Sec. 2. Authority and Responsibility. — The
authority and responsibility for the Ministry shall be vested in the
Minister of Public Works who shall be assisted by one career Deputy
Minister, unless otherwise determined by the President.
Sec. 3. Functions. — The Ministry shall be
responsible for the construction, maintenance and repair of portworks,
harbor facilities, lighthouses, navigational aids, shore protection
works, airport buildings and associated facilities, public buildings
and school buildings, monuments and other related structures, as well
as undertaking harbor and river dredging works, reclamation of
foreshore and swampland areas, water supply, and flood control and
drainage works.
Sec. 4. Organization of the Ministry. — The
Ministry shall be composed of the ministry proper made up of the
immediate Office of the Minister, a Planning Service, an Administrative
Service, a Financial and Management Service, an Infrastructure Computer
Center, a Project Management Information System Service, a Rural
Infrastructure Project Office, and a Building Research and Development
Staff; four (4) bureaus namely, Bureau of Buildings, Bureau of Ports,
Harbors and Reclamation, Bureau of Water Supply, and Bureau of Flood
Control and Drainage; and the regional offices.
The Planning Service, the Administrative Service, and the Financial and
Management Service shall perform functions conforming with those
provided for in appropriate provisions of Part II of the Integrated
Reorganization Plan.
The Bureau of Buildings, the Bureau of Ports, Harbors and Reclamation,
the Bureau of Water Supply, and the Bureau of Flood Control and
Drainage shall correspondingly absorb the applicable functions of the
divisions of the Bureau of Public Works which is hereby abolished
pursuant to Section 19 of this Executive Order.
The Infrastructure Computer Center, the Building Research and
Development Staff, and the Rural Infrastructure Project Office of the
Ministry of Public Works, Transportation and Communications are
reconstituted in the Ministry with the same functions.
The Ministry shall have regional offices in such places and of such
number as may be authorized under Article I, Chapter III Part II of the
Integrated Reorganization Plan, as amended.
Sec. 5. Relationship Between the Ministry Proper,
the Bureaus, and the Regional Offices. — The Office of the Minister
shall have direct line supervision over the bureaus and regional
offices. The ministry proper shall be responsible for developing the
implementing programs for the Ministry.
The Bureaus shall be essentially staff in character and as such, shall
exercise only functional supervision over the regional offices.
The regional offices shall constitute the operating arms of the
ministry proper with responsibility for directly implementing the plans
and programs of the Ministry in accordance with adopted policies,
standards and guidelines.
B.
— MINISTRY OF TRANSPORTATION AND COMMUNICATIONS
Sec. 6. Creation of a Ministry of Transportation
and Communications. — There is hereby created a Ministry of
Transportation and Communications, hereinafter referred to as the
Ministry, which shall be the primary policy, planning, programming,
coordinating, implementing, regulating and administrative entity of the
executive branch of the government in the promotion, development, and
regulation of a dependable and coordinated network of transportation
and communication systems in pursuance of the following objectives:
a.
Promote the development of a dependable and coordinated network of
transportation systems;
b. Guide
government and private investments in the development of the country’s
inter-modal transport and communication systems in a most practical,
expeditious, and orderly fashion for maximum safety, service, and cost
effectiveness;
c. Impose
appropriate measures so that technical, economic and other conditions
for the continuing economic viability of the transport and
communications entities are not jeopardized and do not encourage
inefficiencies and distortion of traffic patronage;
d. Provide,
extend and operate by itself or through or together with other
entities, private or government, local or national, telephone,
telegraph, telex and other public telecommunications services
throughout the country whenever economic, social and political
development activities warrant the provision thereof: Provided,
however, That the national economic viability of the entire network or
components thereof is maintained at reasonable rates;
e. Develop an
integrated nationwide transmission system by itself or through or
together with other entities in accordance with national and
international telecommunications service standards to meet all
telecommunications service requirements including, among others, radio
and television broadcast relaying, leased channel services and data
transmission;
f. Establish,
operate and maintain by itself or through or together with other
entities an international switching system for incoming and outgoing
international telecommunications services;
g. Encourage
the development of a domestic telecommunications industry in
coordination with the concerned entities, particularly the manufacture
of communications/electronics equipment and components to complement
and support, as much as possible, the expansion, development, operation
and maintenance of the nationwide telecommunications network; and
h. Provide for
a safe, fast, reliable and efficient postal system for the country.
Sec. 7. Authority and Responsibility. — Authority
and responsibility for the Ministry shall be vested in the Minister of
Transportation and Communications who shall be assisted by one career
Deputy Minister, unless otherwise determined by the President.
Sec. 8. Functions. — The Ministry shall have the
following functions:
a.
Coordinate and supervise all activities of the Ministry relative to
transportation and communications;
b. Formulate
and recommend national policies and guidelines for the preparation and
implementation of an integrated and comprehensive transportation and
communications system at the national, regional and local levels;
c. Establish
and administer comprehensive and integrated programs for transportation
and communications, and for this purpose, may call on any agency,
corporation, or organization, whether government or private, whose
development programs include transportation and communications as an
integral part to participate and assist in the preparation and
implementation of such programs;
d. Regulate,
whenever necessary, activities relative to transportation and
communications and prescribe and collect fees in the exercise of such
power;
e. Assess,
review and provide direction to transportation and communications
research and development programs of the government in coordination
with other institutions concerned; and
f. Perform
such other functions as may be necessary to carry into effect the
provisions of this Executive Order.
Sec. 9. Organization of the Ministry. — The
Ministry shall be composed of the ministry proper made up of immediate
Office of the Minister, an Administrative Service, a Financial and
Management Service and a Planning Service; four (4) bureaus, namely,
Bureau of Land Transportation, Bureau of Air Transportation, Bureau of
Telecommunications, and Bureau of Posts; and a National
Telecommunications Commission.
The Administrative Service, Financial and Management Service, and
Planning Service shall perform functions conforming with those provided
for in appropriate provisions of Part II of the Integrated
Reorganization Plan.
The Board of Transportation created under Article III, Chapter I, Part
X of the Integrated Reorganization Plan, as amended, shall be under the
administrative supervision of the Ministry and shall continue to
exercise the powers and functions entrusted to it by law. The Board
shall have a technical staff.
Sec. 10. Bureau of Land Transportation. — The Land
Transportation Commission is hereby renamed Bureau of Land
Transportation and shall continue to perform its regulatory and
enforcement functions, including the registration of public utility
vehicles and the enforcement of the decisions of the Board of
Transportation with regard to public utility vehicles.
The Director of Land Transportation shall be an ex-officio member of
the Land Transportation Division of the Board of Transportation.
Sec. 11. Bureau of Air Transportation. — The Civil
Aeronautics Administration is hereby renamed Bureau of Air
Transportation and shall continue to perform its functions relating to
the promotion and development of policies, plans, programs and
standards for the construction and maintenance of airports and their
facilities including buildings and runways. The repair and maintenance
of these facilities shall be the responsibility of the Bureau:
Provided, however, That the construction of runways and the terminal
buildings and related structures shall be done by the Ministry of
Public Works or Ministry of Public Highways as the case may be, at the
instance of the Bureau.
The Director of Air Transportation shall be an ex-officio member of the
Civil Aeronautics Board.
Sec. 12. Bureau of Posts. — The Bureau of Posts
shall continue to be responsible for providing a safe, fast, reliable
and efficient postal service in the country.
Sec. 13. Bureau of Telecommunications. — The
Bureau of Telecommunications shall continue to be responsible for
providing telecommunications facilities, including telephone systems
for government offices; providing communications services for purposes
of augmenting limited or inadequate existing similar private
communication services; extending communications in areas where no such
services are available; and assisting the private sector engaged in
telecommunications services by providing and maintaining backbone
telecommunication networks.
Sec. 14. National Telecommunications Commission. —
The Board of Communications created under Article III, Chapter I, Part
X of the Integrated Reorganization Plan, as amended, and the
Telecommunications Control Bureau created under Article IX, Chapter I,
Part X of the same Plan, as amended, are integrated into a single
entity to be known as the National Telecommunications Commission and
hereinafter referred to as the Commission.
Sec. 15. Functions of the Commission. — The
Commission shall exercise the following functions:
a.
Issue Certificate of Public Convenience for the operation of
communications utilities and services, radio communications systems,
wire or wireless telephone or telegraph systems, radio and television
broadcasting system and other similar public utilities;
b. Establish,
prescribe and regulate areas of operation of particular operators of
public service communications; 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;
c. Grant
permits 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;
d.
Sub-allocate series of frequencies of bands allocated by the
International Telecommunications Union to the specific services;
e. Establish
and prescribe rules, regulations, standards, specifications in all
cases related to the issued Certificate of Public Convenience and
administer and enforce the same;
f. Coordinate
and cooperate with government agencies and other entities concerned
with any aspect involving communications with a view to continuously
improve the communications service in the country;
g. Promulgate
such rules and regulations, 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
Commission finds it reasonably feasible;
h. Supervise
and inspect the operation of radio stations and telecommunications
facilities;
i. Undertake
the examination and licensing of radio operators;
j. Undertake,
whenever necessary, the registration of radio transmitters and
transceivers; and
k. Perform
such other functions as may be prescribed by law.
Sec. 16. Organization of the Commission. — The
Commission shall be composed of a Commissioner and two Deputy
Commissioners, preferably one of whom shall be a lawyer and another an
economist. The Commissioner and Deputy Commissioners shall be of
unquestioned integrity, proven competence, and recognized as experts in
their fields, related, as much as possible, to communications.
The Commission shall determine its organization structure and personnel
subject to the approval of the Ministry and other authorities
concerned.
The Commission shall be under the supervision and control of the
Ministry, except that with respect to its quasi-judicial functions, its
decisions shall be appealable in the same manner as the decisions of
the Board of Communications had been appealed.
The Commission may have regional offices in places and of such number
as may be authorized under Article I, Chapter III, Part II of the
Integrated Reorganization Plan, as amended.
Sec. 17. Telecommunication Stations Operated by
the Armed Forces of the Philippines. — Telecommunication stations owned
and operated by the Armed Forces of the Philippines shall not be
subject to the provisions of this Executive Order except that all such
stations shall use frequencies as may be allowed/assigned by the
Commission.
Sec. 18. International Treaties, Conventions and
Agreements. — International treaties, conventions and agreements on
telecommunications to which the Philippine Government is a signatory
shall form part of this Executive Order insofar as they are applicable
to the Philippines.
C.
— OTHER PROVISIONS
Sec. 19. Abolished/Transferred Agencies. —
a.
The ministry proper of the Ministry of Public Works, Transportation and
Communications composed of its services, divisions and units is
abolished and its functions are correspondingly transferred to the
appropriate services, divisions and units of the Ministry of Public
Works and/or the Ministry of Transportation and Communications as may
be necessary and appropriate.
b. The Bureau
of Public Works is abolished and its functions are correspondingly
transferred to the appropriate bureaus, divisions, units or regional
offices of the Ministry of Public Works: Provided, That the functions
of the Water Resources Division of the Bureau of Public Works
pertaining to hydrologic surveys and data collections shall be absorbed
by the National Water Resources Council.
c. The Bureau
of Transportation created under Article VI, Chapter I, Part X of the
Integrated Reorganization Plan, as amended but not implemented, is
hereby abolished.
d. The Board
of Communications and the Telecommunications Control Bureau are
abolished and their functions are transferred to the National
Telecommunications Commission.
e. The common
technical staff of the Specialized Regulatory Boards created under
Article III, Chapter I, Part X of the Integrated Reorganization Plan,
as amended, is abolished and its functions are transferred as
appropriate to the Board of Transportation and the National
Telecommunications Commission.
The foregoing transfers of functions shall include applicable funds and
appropriations, records, equipment, property, and such personnel as may
be necessary.
Sec. 20. Attached Agencies. — (a) The following
agencies are attached to the Ministry of Public Works: Communications
and Electricity Development Authority, Philippine Ports Authority,
Central Luzon-Cagayan Valley Authority, National Irrigation
Administration, Metropolitan Waterworks and Sewerage System, Farm
Systems Development Corporation, Local Water Utilities Administration,
and Metropolitan Manila Flood Control and Drainage Council.
The National Water Resources Council and the Pasig River Development
Council shall be under the administrative supervision of the Ministry.
(b) The following agencies are attached to the
Ministry of Transportation and Communications: Philippine National
Railways, Maritime Industry Authority, Philippine Aerospace Development
Corporation, and Metro Manila Transit Corporation.
Sec. 21. The Minister of Public Works and the
Minister of Transportation and Communications shall respectively assume
as appropriate the positions of Chairman or member of all bodies and
agencies previously occupied in an ex-officio capacity by the Minister
of Public Works, Transportation and Communications.
In case of conflict, however, as to which Minister shall sit in any
particular board or body, the same shall be decided by the
President.
Sec. 22. The Minister of Public Works and the
Minister of Transportation and Communications shall promulgate the
necessary implementing details to carry out the organization of their
respective Ministries which shall include the internal organization of
units involved and the corresponding initial staffing patterns thereof,
as well as such other transitory measures that need to be taken to
assure the orderly implementation of this Executive Order, subject to
the approval of the Ministry of the Budget in consultation, whenever
necessary with the Presidential Commission on Reorganization.
Sec. 23. Repealing Clause. — All laws, decrees,
charters, executive orders, administrative orders, proclamations, rules
and regulations or parts thereof that are in conflict with this
Executive Order are hereby repealed or modified accordingly.
Sec. 24. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 23rd day of July, in the year of Our Lord, nineteen hundred and
Seventy-Nine.
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Since 19.07.98.