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MOP, Bk 7 Pt. 2, v.4, 47

[ EXECUTIVE ORDER NO. 209, October 19, 1956 ]

PROVIDING FOR THE IMPLEMENTING DETAILS FOR REORGANIZATION PLAN NO. 60 RELATIVE TO PUBLIC UTILITIES REGULATION AND LAND TRANSPORTATION



Pursuant to the powers vested in me by Republic Act Numbered Nine hundred and Ninety-seven, as amended by Republic Act Numbered One thousand two hundred and forty-one, and upon the recommendation of the Government Survey and Reorganization Commission, the following Implementing Details of Reorganization Plan No. 60 which relate to the Public Utilities Commission, the Bureau of Land Transportation and the Traffic Control Group of the Philippine Constabulary, are hereby promulgated to govern the organization, powers, duties and functions of said entities:

Organization of the Entities

Section 1. The organization, functions and operation of the Public Utilities Commission and Bureau of Land Transportation in the Department of Public Works, Transportation and Communications, hereinafter referred to as the “Department,” and of the Traffic Control Group of the Philippine Constabulary in the Department of National Defense, shall be in accordance with the provisions of Reorganization Plan No. 60, hereinafter referred to as the “Plan, and these Implementing Details.

Sec. 2. The organization of the Public Utilities Commission, as indicated in the following organization chart, shall consist of the Commission proper, Office of the Executive Secretary, Staff Aides, Statistics and Records Division, Finance and Rate Division, and Industrial Inspection and Meter Laboratory Division.

Sec. 3. The organization of the Bureau of Land Transportation as indicated in the following organization chart, shall consist the Office of the Director, Administrative Division, Statistics and Records Division, Regulation Division, and eight Regional Offices.

Sec. 4. The organization of the Traffic Control Group the Philippine Constabulary, as indicated in the following organization chart, shall consist of a Headquarters, and Traffic distributed among the Military Areas.

[Figure 1 - Organization Chart PUBLIC UTILITIES COMMISSION]

[Figure 2 - Organization Chart BUREAU OF LAND TRANSPORTATION]

[Figure 3 - Organization Chart REGIONAL OFFICES OF THE BUREAU OF LAND TRANSPORTATION]

[Figure 4 - Organization Chart PHILIPPINE CONSTABULARY TRAFFIC CONTROL GROUP]

Sec. 5. The Secretary of the Department hereinafter referred to as the “Secretary,” is authorized to make such changes in organization, definition of functions and distribution of work among entities in the Department as may be necessary to reflect changes in legislation, conditions, needs or workloads, provided, that no such changes may be made during fiscal year 1957 without specific approval of the President, and provided further, that any such changes must be in conformity with the general pattern of organization set forth in the plan. Authority to make such changes in the Public Utilities Commission is vested in the Executive Commissioner with the approval of said Commission. The Chief of Constabulary may make changes in the Traffic Control Group provided such changes are embraced within the policy of the Secretary of National Defense on the matter.

Functions of the Public Utilities Commission

Sec. 6. The functions, powers, duties and responsibilities of the Public Utilities Commission, hereinafter referred to as the “Commission” under this title, and of the officers and entities within it shall consist of those specified in Sections 22 through 52 of the Plan.

Sec. 7. The functions of the Office of the Executive Secretary of the Commission, in addition to those provided in Section 44 of the Plan, shall include among others liaison with other entities responsible for enforcement for the Commission, to ensure development of adequate enforcement programs, standards, and procedures, full execution of enforcement programs, and prompt reporting to the Commission. The Office of the Executive Secretary shall furnish clerical help to the other units of the Commission.

Sec. 8. Administrative and staff services, except for the collection of fees, shall be provided for the Commission by the administrative staff divisions of the Department. Pending establishment of such divisions as provided in Section 5 of the Plan, said services shall be provided by the Department as directed by the Secretary.

Sec. 9. Technical assistance and advice to the Commission shall be provided by the Planning Division and by the operating entities of the Department. Pending reorganization of the Department as a whole, said assistance and advice shall be provided by existing entities as directed by the Secretary.

Functions of the Bureau of Land Transportation

Sec. 10. The functions, powers, duties and responsibilities of the Bureau of Land Transportation, hereinafter referred to under this title as the “Bureau,” shall include but not be limited to inspecting public motor vehicle carriers for conformance with prescribed routes, schedules, rates, and leading limitations, inspecting the equipment of public motor vehicle carriers for mechanical adequacy, testing and sealing taximeters, registering motor vehicles, examining and licensing drivers, collecting fees in connection with said functions, promoting and developing motor vehicle and railroad service, and providing technical assistance to the Public Utilities Commission.

Sec. 11. The Administrative Division of the Bureau shall operate subject to policy instructions, standards, rules and regulations established by the administrative staff divisions in the Office of the Secretary and coursed through the Director of the Bureau. The Administrative Division shall have a Personnel Section, Budget and Finance Section, Correspondence Section, and General Services Section, with corresponding duties and responsibilities as follows:

a. The Personnel Section shall have the following functions among others:

(1) act on matters concerning recruitment, appointment, promotion, transfer, attendance, leaves, and efficiency records;

(2) assist in preparation of position description and qualification standards;

(3) administer a training program; and

(4) keep personnel records.

b. The Budget and Finance Section shall have the following functions among others:

(1) prepare initial budget estimates; and

(2) collect, disburse and account for funds.

c. The Correspondence Section shall have the following functions among others:

(1) receive, record and distribute incoming correspondence;

(2) file papers and documents of the Bureau; and

(3) provide mail service.

d. The General Services Section shall have the following functions among others:

(1) procure, store, distribute and manage use of supplies and equipment not available from the General Services Division of the Department;

(2) ship supplies and equipment to field offices; and

(3) keep custody of and inventory property, equipment and supplies.

Sec. 12. The functions of the Statistics and Records Division of the Bureau shall include but not be limited to preparing statistics on land transportation, administering a central depository of records on motor vehicles, and administering a central depository of drivers’ license records. The Division shall have a Motor Vehicle Records Section, Drivers’ License Section, and Statistics Section, with corresponding duties and responsibilities as follows:

a. The Motor Vehicle Records Section shall have the following functions among others:

(1) keep systematic central records of motor vehicle registrations, inspection reports, reports of vehicles sold, stored or mortgaged, and reports of changes in serial or motor numbers; and

(2) check records submitted by Regional Offices.

b. The Drivers’ License Section shall have the following functions among others:

(1) keep systematic central records of drivers’ licenses, including limitations, penalties, suspensions, revocations and expirations, and advise promptly local offices thereof; and

(2) check records submitted by Regional Offices.

c. The Statistics Section shall have the following functions among others:

(1) compile and analyze statistics on all forms of land transportation, including all types of motor vehicles for whatever purpose used; and

(2) prepare annual and special reports of the Bureau.

Sec. 13. The functions of the Regulation Division of the Bureau shall include but not be limited to formulating rules, regulations, standards, programs and procedures for the guidance and compliance of Regional Offices, reviewing matters for administrative decision as to motor vehicle registration and driver licensing, and reviewing recommendations to be made to the Public Utilities Commission. The Division shall have an Examination and Licensing Section, Inspection and Registration Section, Public Utilities Section, and Review Section with corresponding duties and responsibilities as follows:

a. The Examination and Licensing Section shall have the following functions among others:

(1) prepare driving tests and written examinations for administration in local offices;

(2) develop uniform and expeditious procedures for issuance of drivers’ licenses;

(3) develop instructions and standards for enforcement of licensing laws, rules and regulations, including abolition of the so-called boundary and commission systems and establishment of minimum educational standards for drivers; and

(4) prepare pertinent sections of a field manual.

b. The Inspection and Registration Section shall have the following functions among others:

(1) develop standards and procedures for inspection of motor vehicles and rating as to capacity, gross weight, body construction and related factors;

(2) develop uniform and expeditious procedures for issuance of motor vehicle registration certificates and license plates by local offices;

(3) develop procedures and forms for reporting motor vehicle sales, storage, mortgages, and number changes;

(4) develop instructions and standards for enforcement of registration laws, rules and regulations; and

(5) prepare pertinent sections of a field manual.

c. The Public Utilities Section shall have the following functions among others:

(1) in collaboration with the staff of the Public Utilities Commission, formulate standards, programs and procedures for inspection of public carriers for conformance with routes, schedules, rates and load limitations prescribed by the Public Utilities Commission, and for inspection of carriers’ vehicles as to mechanical adequacy;

(2) formulate standards, programs and procedures for testing and sealing taximeters;

(3) maintain a reference file of copies of certificates of public convenience and necessity issued by the Public Utilities Commission to motor vehicle carriers, and of pertinent decisions and orders of the Commission; and

(4) prepare pertinent sections of a field manual.

d. The Review Section shall have the following functions among others:

(1) review field reports and make recommendations to the Director of the Bureau concerning administrative disposition of registration matters;

(2) review court reports and make recommendations to the Director concerning suspension or revocation of drivers’ licenses; and

(3) review field reports and formulate recommendations to the Public Utilities Commission concerning violations of regulations by certified public carriers.

Functions of Land Transportation Field Offices

Sec. 14. The functions, powers, duties and responsibilities of each Regional Office of the Bureau of Land Transportation shall include among others the following:

a. administer, direct and coordinate all land transportation enforcement activities in the region, subject to authority delegated through the Assistant Director of the Bureau;

b. execute and implement policy standards, rules, regulations and work plans laid down by appropriate headquarters entities; and

c. render administrative decisions within the limits of delegated authority.

Sec. 15. The Bureau shall have eight Regional Offices, the respective jurisdictions, boundaries and headquarters offices of which shall be in conformance with Reorganization Plan No. 53-A, except for the following deviations:

a. Region No. 2 shall include Nueva Ecija and the city of Cabanatuan.

b. Region No. 3 shall exclude the province of Nueva Ecija and the city of Cabanatuan.

c. Region No. 5 shall have regional headquarters at the City of Bacolod.

d. Region No. 7 shall include the province of Misamis Oriental and the city of Cagayan de Oro, and shall have regional headquarters at Cagayan de Oro.

e. Region No. 8 shall exclude the province of Misamis Oriental and the city of Cagayan de Oro.

Sec. 16. Each Regional Office of the Bureau shall have an Administrative Section and an Operations Section.

Sec. 17. Subject to policy instructions, standards, rules and regulations established by appropriate headquarters entities, and under the administrative supervision, direction and control of the Regional Supervisor, the Administrative Section shall have the following functions among others:

a. prepare budget proposals for review and consolidation into Bureau and Departmental budgets;

b. keep control over budgeted expenditures and account for the same;

c. process requisitions for equipment and supplies and make corresponding purchases; and

d. handle personnel matters.

Sec. 18. Subject to policy instructions, standards, rules and regulations established by appropriate headquarters entities, and under the administrative supervision, direction and control of the Regional Supervisor, the Operations Section shall supervise and coordinate the work of Local Offices of the Bureau.

Sec. 19. Local Offices of the Bureau shall operate under direct authority of Regional Offices, and under technical and administrative supervision of appropriate sections in the Regional Offices concerned. The functions of each Local Office shall include among others the following:

a. give driving tests and written examinations to applicants for drivers’ licenses;

b. issue drivers’ licenses;

c. inspect and rate motor vehicles as to capacity, gross weight, body construction, and related factors;

d. issue motor vehicle registration certificates and license plates;

e. collect motor vehicle and drivers’ license fees;

f. enforce drivers’ license and motor vehicle registration requirements, and make investigations in connection therewith, with assistance from the Philippine Constabulary and from local police forces;

g. inspect public carriers for conformance with routes, schedules, rates, and load limitations prescribed by the Public Utilities Commission, and as to mechanical adequacy of vehicles, with assistance from the Philippine Constabulary and from local police forces; and

h. test and seal taximeters and collect fees therefor.

Functions of the Traffic Control Group of the Philippine Constabulary

Sec. 20. The functions, powers, duties and responsibilities of the Traffic Control Group of the Philippine Constabulary, hereinafter referred to as the “Group,” under this title, shall include but not limited to the enforcement of traffic and safety laws, rules and regulations, general supervision of local police forces as to the enforcement of traffic laws, rules and regulations, and assistance to the Bureau of Land Transportation in the enforcement of drivers’ license and motor vehicle registration requirements and regulation of motor vehicle public carriers.

Sec. 21. The Headquarters of the Group shall have the following functions among others:

a. supervise and coordinate traffic control operations of Traffic Teams;

b. provide general supervision over traffic control operations of local police forces;

c. develop instructions, standards, programs and procedures for traffic control operations;

d. in collaboration with the Regulation Division of the Bureau of Land Transportation, develop instructions, standards, programs and procedures for assistance by Traffic Teams to the Bureau of Land Transportation in the enforcement of drivers’ license and motor vehicle registration requirements and regulation of motor vehicle public carriers;

e. plan and conduct educational campaigns to elevate the standard of proficiency of drivers;

f. compile end analyze statistics on traffic accidents;

g. study existing traffic laws and recommend revisions and additions;

h. collaborate with the Bureau of Highways and Airports in the study of safety factors in highway design and construction; and

i. prepare a field manual.

Sec. 22. The Traffic Teams of the Group shall have the following functions among others:

a. enforce traffic and safety laws, rules and regulations;

b. arrest violators and conduct them to or require their appearance at the proper court;

c. coordinate with local police forces to provide maximum coverage without duplication of main-travelled highways, roads and streets; and

d. assist field offices of the Bureau of Land Transportation in the enforcement of drivers’ license and motor vehicle registration requirements and regulation of motor vehicle public carriers.

Sec. 23. The Secretary of National Defense may, upon the recommendation of the Chief of Constabulary, designate from time to time officers and enlisted men of the Armed Forces, other than members of the Philippine Constabulary, of the rank of Sergeant and above, to assist the Traffic Control Group in its mission of traffic control.

Personnel of the Entities

Sec. 24. The personnel structure for the entities covered by these Implementing Details from the effective date of these Implementing Details to June 30, 1957 shall conform to the staffing pattern provided elsewhere in these Implementing Details.

Sec. 25. Except where the law provides otherwise, and subject to further limitations in the following section as to the staff of the Public Utilities Commission, all appointments to positions authorized in the staffing pattern shall be subject to the requirements of the civil service and other personnel laws, rules and regulations, provided, that all personnel in the present staff who meet such requirements shall be employed before consideration is given to the employment of other persons, subject to the approval of the Government Survey and Reorganization Commission and the President.

Sec. 26. Subordinate personnel of the present staff of the Public Service Commission and Civil Aeronautics Board who meet civil service requirements, the required qualifications standards for positions in the staffing pattern, and who have proved themselves competent, efficient and trustworthy, shall be employed before consideration is given to the employment of other persons, subject to the approval of the Government Survey and Reorganization Commission and the President.

Sec. 27. The personnel of the Traffic Control Group of the Philippine Constabulary shall consist of officers and enlisted men of the Armed Forces, provided, that civilian personnel may be employed to perform clerical functions, with corresponding reduction in the number of enlisted men.

Reallocation of Appropriations

Sec. 28. From the total appropriations authorized for the period from July 1, 1956 to June 30, 1957, consisting of the following:

a. Under Republic Act Numbered 1600
  (1) For the Public Service Commission in the Department of Justice
P637,535.00
    General Fund
P559,345.00
 
    Special Fund
78,190.00
 
  (2) For the Motor Vehicles Office in the Department of Public Works and Communications
774,585.00
    Special Fund
774,585.00
 
  (3) For the Civil Aeronautics Board in the Department of Commerce and Industry
19,695.00
    General Fund
19,695.00
 
  (4) For enforcement of traffic laws by the Philippine Constabulary in the Department of National Defense
178,520.00
b. From the Motor Vehicles Fund
950,556.06
    TOTAL APPROPRIATIONS
P2, 560,891.06
     
===========

the following sums, subject to adjustment by the Commissioner of the Budget based on the unexpended balance of appropriations available as of the effective date of these Implementing Details, are reallocated for the operation of the entities hereinafter listed during the period from July 1, 1956 to June 30, 1957, except where otherwise provded:

A. Funds Transferred Out

The following sums are transferred to entities other than those covered by these Implementing Details:

To the Budget Commission, savings available for implementation of Reorganization Plan No. 2-A
P 191,290.00
TOTAL FUNDS TRANSFERRED OUT
P 191,290.00
 
==========

B. Current Operating Expenditures

(I) PUBLIC UTILITIES REGULATION

PROGRAM I: AUTHORIZATION AND REGULATION OF PUBLIC UTILITIES

For authorization and regulation of public utilities, including consideration and issuance of certificates of public convenience and necessity, promulgation of regulations and regulatory decisions, inspection of industrial public utilities, and general administration, provided, that in addition to the amount appropriated P14,588 shall be paid out of receipts automatically appropriated for accounting services to be disbursed by the Budget Commission
P466,940.00
(1) Certification of Public Convenience and Necessity
P 361,780.00
 
(2) Inspection of Industrial Public Utilities
105,160.00
 
The total current operation expenditures authorized for the Public Utilities Commission shall be paid out of the following funds:
a. General Fund
P 388,750.00
 
b. Standardizing Meter Laboratory Revolving Fund
78,190.00
 

(2) BUREAU OF LAND TRANSPORTATION

PROGRAM I: ADMINISTRATION OF MOTOR VEHICLE LAWS

For enforcement in matters of motor transportation, including inspecting public carriers for conformance with prescribed routes, rates, schedules, and loading limitations, testing and sealing taximeters and mechanical inspections, and for enforcement of the Motor Vehicle Law, including inspecting and registering motor vehicles and examining and licensing drivers, and for general administration, provided, that out of the amount herein authorized, P146,421.00 shall be available for the purchase of not more than 18 police model sedans, motorcycles and related equipment, the vehicles to bear prominent letterings as such, not more than one sedan to be assigned to the headquarters of the Bureau, at least one sedan to be assigned to each region, and the balance to be assigned among the regions outside Manila as circumstances warrant, provided further, that all collections for services performed by the Bureau of Land Transportation, including inspection of Public carriers and testing and sealing taximeters, shall be credited to the Motor Vehicles Fund, provided further, that of the amount authorized P27,600.00 shall be available for employment of temporary and emergency helpers at minimum rates to cope with seasonal increases in workload in licensing and registration, and provide finally, that of the amount authorized, P15,580.00 and P16,770.00 shall be reimbursed to the Budget Commission and the General Auditing Office for accounting and auditing services, respectively
P1,024,230.00
(1) Recording Registration and Licenses
P65,540.00
 
(2) Policy Guidance and Consultative Services
54,840.00
 
(3) Compliance and Enforcement Activities
780,525.00
 
(4) General Administration
125,325.00
 
The total current operating expenditures authorized for the Bureau of Land Transportation shall be paid out of the following fund:
a. Motor Vehicles Fund
P1,024,230.00
 

(3) PHILIPPINE CONSTABULARY (in part)

PROGRAM III: LAW ENFORCEMENT AND MAINTENANCE OF PEACE AND ORDER

(3) Enforcement of Traffic
P878,431.06
  (a) General Fund
P178,520.00
 
  (b) Motor Vehicles Fund
699,911.06
 
Provided, that out of the amount herein authorized and without prejudice to retaining the army vehicles in present use, P260,304.00 shall be available for the purchase of not more than 32 police model sedans, motorcycles and related equipment, the vehicles to bear prominent letterings as such, one sedan to be assigned to each Traffic Team; provided further, that the Chief of Constabulary is authorized to shift any of such sedans, motorcycles or related equipment among Traffic Teams in the different military areas as may be deemed advisable for the efficiency of the service; and provided finally, that the amount authorized from the Motor Vehicles Fund, P10,621.00 and P14,587.00 shall be reimbursed to the Budget Commission and the General Auditing Office for accounting and auditing services, respectively.
 
TOTAL CURRENT OPERATING EXPENDITURES
P2,369,601.06

Staffing Pattern

Sec. 29. The following staffing pattern by project activity is provided for the entities covered by these Implementing Details for the period from the effective date of these Implementing Details to June 30, 1957, subject to the provisions of Reorganization Plans Nos. 1-A, 2-A, and 3-A:

(See Table MOP, Bk 7 Pt. 2, v.4, p. 55-62)

Effect of the “General Provisions” of Republic Act Numbered 1600

Sec. 30. The “General Previsions” of Republic Act Numbered 1600, to which reference is hereby made, shall remain in full force and effect, except that:

a. Section 16, “Officials entitled to transportation allowance”, is modified to include the Director of Land Transportation, and six Public Utilities Commissioners as among those officials granted commutable transportation allowance of one hundred pesos each per month, and to exclude therefrom the Public Service Commissioner, two Associate Commissioners of the Public Service Commission and Chief of the Motor Vehicles Office, whose positions are abolished.

b. Section 17, “Bureaus and offices entitled to use, operate and maintain government motor vehicles and launches” is modified to include the Bureau of Land Transportation for enforcement and general service purposes, and to exclude the Motor Vehicles Office, which is abolished.

Transitory Provisions: Civil Aeronautics

Sec. 31. Pending organization of the Bureau of Civil Aviation and Bureau of Highways and Airports as provided in Sections 8 and 11 of the Plan, the Civil Aeronautics Administration is transferred in toto to the Department from the Department of Commerce and Industry.

Delegation of Authority

Sec. 32. Any delegation of authority required or authorized by these Implementing Details shall be in writing; shall indicate to which officer or class of officers or employees the delegation is made; shall define the extent to which each delegatee will be held responsible for results; and shall vest each delegatee with sufficient authority to enable him to discharge his assigned responsibility. Such delegations, where specifically provided by these Implementing Details, shall be within the limits of the provisions of these Implementing Details; provided, that nothing in this Section shall be construed to prevent other delegations.

Partial Invalidity

Sec. 33. If any provision of the Implementing Details should be held invalid, the other provisions shall not be affected thereby.

Timing of Administrative Actions

Sec. 34. The Secretary shall direct the orderly scheduling of Transfers, changes and other transitional actions required by the Plan and by these Implementing Details within sixty days from the effective date of the Implementing Details.

Done in the City of Manila, this 19th day of October, in the year of Our Lord, nineteen hundred and fifty-six, and of the Independence of the Philippines, the eleventh.

(Sgd.) RAMON MAGSAYSAY
President of the Philippines

By the President:
(Sgd.) FORTUNATO DE LEON
Executive Secretary

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