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PRESIDENTIAL DECREE NO. 860
PRESIDENTIAL DECREE NO. 860 -
AMENDING THE TITLE AND CERTAIN SectionS OF PRESIDENTIAL DECREE NUMBERED
FOUR HUNDRED NINETY TWO, ENTITLED "CREATING THE MANILA TRANSIT
CORPORATION, APPROPRIATING THE FUNDS THEREFOR AND FOR OTHER PURPOSES"
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WHEREAS,
under Presidential Decree Numbered Four Hundred Ninety Two dated June
27, 1974, it has been declared to be the policy of the State to
rationalize and integrate public transportation services; and chanroblesvirtualawlibrary
WHEREAS, with the integration of the four (4) cities and thirteen (13)
municipalities of Metro Manila, it becomes necessary to amend certain
section of Presidential Decree Numbered Four Hundred Ninety Two in
order to expedite the rationalization and integration of public
transportation services in Metropolitan Manila;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order:cralaw:red
Section 1. The title of Presidential Decree Numbered
Four Hundred Ninety Two is hereby amended to read as follows:cralaw:red
"CREATING THE METRO MANILA TRANSIT CORPORATION, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES."
All succeeding sections making reference to the Manila Transit
Corporation are hereby amended so as to read Metro Manila Transit
Corporation.
Section 2. Section 2 of the same Presidential Decree
is hereby amended to read as follows:cralaw:red
"Sec. 2. Metro Manila Transit Corporation Creation
and Purpose. — To implement state policy and pursue the objectives set
forth in the preceding section, there is hereby created a body
corporate to be known as the Metro Manila Transit Corporation which
shall have its principal place of business in Metropolitan Manila. It
may establish such branches and agencies within the Philippines as may
be necessary for the proper conduct of its business." chanroblesvirtualawlibrary
Section 3. Section 3(g) and (i), fourth paragraph, of
the same Decree are hereby amended to read as follows:cralaw:red
"Sec. 3(g) to manage and operate a public transport system or public
services within Metropolitan Manila in accordance with the above-stated
policy objectives; Provided, That whenever authorized by the President
of the Philippines, it may extend its area of operation anywhere in the
Philippines: And, provided, further, That such authority is not
necessary when the extension of its operation outside Metropolitan
Manila is for the purpose of protecting its business interests."
"Sec. 3(i).. The loans, credits and indebtedness contracted under
this subsection and the payment of the principal, interest and other
charges thereon, as well as the importation of machineries, equipment,
materials, supply and services, by the Corporation, paid from the
proceeds of any loan, credit or indebtedness incurred under this act,
or from its own funds, shall also be exempt from all direct and
indirect taxes, fees, imposts and other charges and restrictions,
including import restrictions previously and presently imposed, and to
be imposed by the Republic of the Philippines, or any of its agencies
and political subdivisions."
Section 4. Section 5 of the same Decree is hereby
amended to read as follows:cralaw:red
"Sec. 5. Board of Directors. — The Corporation shall
be governed and its activities shall be directed, controlled and
managed by a Board of Directors that shall be composed of six (6)
ex-officio members, namely: the General Manager or Governor of the
Metropolitan Manila Commission who shall act as Chairman, the Secretary
of Public Works, Transportation and Communications (or the successor
Department with respect to Transportation) who shall act as
Vice-Chairman, the Secretary of National Defense, the Secretary of
Industry, the Secretary of Finance, the Secretary of Public Highways,
and one (1) other member to be appointed by the President of the
Philippines. The appointive director shall serve for a term of two (2)
years.
"The ex-officio members of the Board shall designate any official in
their office who shall serve as alternate members. They shall attend
the meetings of the Board whenever their principals are absent or the
said positions are vacant and shall receive the same benefits and
privileges as their principals."
Section 5. The same Decree is hereby amended by
inserting between Sections 6 and 7 thereof a new section, to be known
as Section 6-A, which shall read as follows:cralaw:red
"Sec. 6-A. Supplies and Service other than Personal.
— All purchase of supplies or contracts for services, except for
personal services, entered into by the Corporation, shall be done
through competitive public bidding: Provided, That bidding shall not be
required when an emergency, as certified by the corporation President
and General Manager, requires immediate delivery of the supplies or
performance of the services, and the aggregate amount involved in any
purchase of supplies or procurement of services does not exceed ten
thousand pesos, in which case, such purchase or procurement may be made
in the usual course of business: Provided, further, That the
Corporation's emergency purchase of supplies and services shall not
exceed the amount of fifty thousand pesos for any one month: Provided,
finally, That in comparing bids and in making awards, the Corporation
shall consider such factors as the cost and relative quality and
adaptability of supplies or services; the bidders financial
responsibility, skill experience, integrity, and ability to furnish
repairs and maintenance services; the time of delivery or performance
offered; and the bidder's compliance with the specifications desired."
Section 6. The aforementioned Decree is further
amended by inserting between Sections 8 and 9 thereof a new section, to
be known as Section 8-A, which shall read as follows: chanroblesvirtualawlibrary
"Sec. 8-A. Exemption from the Public Service Act. —
The Metro Manila Transit Corporation shall not be subject to the
authority, supervision, control and jurisdiction of the Board of
Transportation or any similar regulatory body."
Section 7. Repealing Clause. — The provisions of
existing laws, decrees, executive orders and regulations, or parts
thereof, in conflict with the provisions of this Decree are hereby
repealed or modified accordingly. chanroblesvirtualawlibrary
Section 8. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 25th day of December, in the year of Our Lord, nineteen hundred
and seventy-five.
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