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42 OG No. 11, 2718 (November, 1946)

[ EXECUTIVE ORDER NO. 31, November 28, 1946 ]

CREATING THE SHIPPING COMMISSION



By virtue of the powers vested in me by law, I, Manuel Roxas, President of the Philippines , do hereby create the Shipping Commission to be composed of a Chairman and four Members who shall be appointed by the President of the Philippines .

The Chairman, who shall at the same time, is the Executive Officer of the Commission shall serve on full time basis with compensation to be fixed by the President and the four Members, on part time basis with per diems at such rate as the President may fix.

The Shipping Commission is hereby authorized to accept and administer and provide for the care, custody, and operation of all the ships which may be sold and delivered to the Government of the Republic of the Philippines under and by virtue of the Agreement entered between the said Government and the Government of the United States of America on September 11, 1946, and of such other ships or floating equipment as may in the future be acquired by the Philippine Government. The Commission may provide for the operation by the Government of such ships or may enter into contract, subject to the approval of the President, with any person, association or corporation with a view to the disposition or operation of said ships, either by sale, lease, charter, or otherwise upon such terms as may be deemed most advantageous by it; Provided, That in such contracts, preference shall be given to pre-war ship operators in the Philippines on the basis of the total tonnage of the ships operated by them in the coastwise service: And provided , further, That no ships shall be sold, leased or chartered to any person, association or corporation who is not qualified to operate said ships under the laws of the Philippines, subject to acquired rights as recognized by the Constitution. The Shipping Commission may require as a condition of the sale, lease or charter of said ships, that the grantee shall follow a certain line or lines as may be most advantageous to the public interest. No ship shall, without the consent of the President of the Philippines , be transferred to foreign registry or flag.

The Shipping Commission shall have the following powers, functions and duties:

(a) To adopt rules and regulations, with the approval of the President, in regard to the conduct of its business;

(b) To appropriate by special budget and with the approval of the President from the proceeds of the sales of such ship the necessary amount or amounts for the administration, custody, and operation of such ships and for the operating expenses of the Commission;

(c)  To appoint and fix the salaries of the officers and employees of the Commission, with the approval of the President; and

(d)  To submit to the President weekly report of sales and transactions.

All departments, bureaus, and offices of the Government, its agencies and instrumentalities, including the corporations owned or controlled by the Government and the local governments shall extend, upon the request of the Shipping Commission, such assistance and facilities as the latter may need in the performance of its work.

The proceeds of all sales made by the shipping Commission, except as otherwise appropriated in accordance with paragraph (b) above, shall be deposited in the Philippine National Bank to the credit of a special fund to be used exclusively for the purposes directed by law.

Done at the City of Manila, this 28th day of November, in the year of Our Lord, nineteen hundred and forty-six, and of the Independence of the Philippines , the first.

 


(Sgd.) MANUEL ROXAS
 

President of the Philippines
 


 
By the President:

 


 
(Sgd.) EMILIO ABELLO

 
Chief of the Executive Office    
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