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125th Founding Anniversary of the Department of Transportation and Communication (Executive Order No. 125, series of 1987)

Photo from Department of Transportation and Communication

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE:

Executive Order No. 125, series of 1987, signed on January 30, 1987 reorganized and renamed the then-existing Ministry of Transportation and Communication into Department of Transportation and Communication.


    signed on January 30, 1987 reorganized and renamed the then-existing Ministry of Transportation and Communication into Department of Transportation and Communication (DOTC).

In reaffirming the State’s commitment to the maintenance and expansion of efficient and dependable transportation and communications system as effective instrument for national recovery and economic progress, E.O. No. 125, s. 1987 reorganized, both structurally and functionally the Ministry of Transportation and Communication.

The law says:

“In the event of adoption of a new Constitution which provides for a presidential form of government, the Ministry shall be called Department of Transportation and Communication and the titles of Minister, Deputy Minister, and Assistant Minister shall be changed to Secretary, Undersecretary and Assistant Secretary, respectively.” (Section 25, E.O. No. 125, s. 1987)

E.O. No. 125-A, s. 1987 clarified the structural and functional organization of the DOTC in furtherance of the earlier executive order.

The DOTC is the primary policy, planning, programming, coordinating, implementing and administrative entity of the executive branch of government on the promotion, development and regulation of a dependable and coordinated network of transportation systems, as well as in the fast, safe, efficient and reliable transportation services. (Source: “Celebrating 124th founding anniversary: One vision and mission to build better more for the Filipino People”, The Business Mirror, January 31, 2023, accessed through https://businessmirror.com.ph/2023/01/31/celebrating-124th-founding-anniversary-one-vision-and-mission-to-build-better-more-for-the-filipino-people/)

Section 5 of E.O. No. 125 provides for the powers and functions of the DOTC, to wit:

“To accomplish its mandate, the Department shall have the following powers and functions:

(a) Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation and communications systems at the national, regional and local levels;

(b) Establish and administer comprehensive and integrated programs for transportation and communications, and for this purpose, may call on any agency, corporation, or organization, whether public or private, whose development programs include transportation and communications as an integral part thereof, to participate and assist in the preparation and implementation of such program;

(c) Assess, review and provide direction to transportation and communications research and development programs of the government in coordination with other institutions concerned;

(d) Administer and enforce all laws, rules and regulations in the field of transportation and communications;

(e) Coordinate with the Department of Public Works and Highways in the design, location, development, rehabilitation, improvement, construction, maintenance and repair of all infrastructure projects and facilities of the Department. However, government corporate entities attached to the Department shall be authorized to undertake specialized telecommunications, ports, airports and railways projects and facilities as directed by the President of the Philippines or as provided by law;

(f)      Establish, operate and maintain a nationwide postal system that shall include mail processing, delivery services, and money order services and promote the art of philately;

(g) Issue certificates of public convenience for the operation of public land and rail transportation utilities and services;

(h) Accredit foreign aircraft manufacturers and/or international organizations for aircraft certification in accordance with established procedures and standards;

(i)      Establish and prescribe rules and regulations for identification of routes, zones and/or areas of operations of particular operators of public land services;

(j)      Establish and prescribe rules and regulations for the establishment, operation and maintenance of such telecommunications facilities in areas not adequately served by the private sector in order to render such domestic and overseas services that are necessary with due consideration for advances in technology;

(k) Establish and prescribe rules and regulations for the operation and maintenance of a nationwide postal system that shall include mail processing, delivery services, money order services and promotion of philately;

(l)      Establish and prescribe rules and regulations for issuance of certificates of public convenience for public land transportation utilities, such as motor vehicles, trimobiles and railways;

(m)  Establish and prescribe rules and regulations for the inspection and registration of air and land transportation facilities, such as motor vehicles, trimobiles, railways and aircrafts;

(n) Establish and prescribe rules and regulations for the issuance of licenses to qualified motor vehicle drivers, conductors, and airmen;

(o) Establish and prescribe the corresponding rules and regulations for the enforcement of laws governing land transportation, air transportation and postal services, including the penalties for violations thereof, and for the deputation of appropriate law enforcement agencies in pursuance thereof;

(p) Determine, fix and/or prescribe charges and/or rates pertinent to the operation of public air and land transportation utility facilities and services, except such rates and/or charges as may be prescribed by the Civil Aeronautics Board under its charter, and, in cases where charges or rates are established by international bodies or associations of which the Philippines is a participating member or by bodies or associations recognized by the Philippine government as the proper arbiter of such charges or rates;

(q) Establish and prescribe the rules, regulations, procedures and standards for the accreditation of driving schools;

(r)      Administer and operate the Civil Aviation Training Center (CATC) and the National Telecommunications Training Institute (NTTI); and

(s) Perform such other powers and functions as may be prescribed by law, or as may be necessary, incidental, or proper to its mandate or as may be assigned from time to time by the President of the Republic of the Philippines.” (Section 5, E.O. No. 125, s. 1987, as amended by Section 1, E.O. No. 125-A, s. 1987)

 

In 2016, upon the creation of the Department of Information and Communications Technology (DICT), the DOTC was renamed as the Department of Transportation (DOTr). The communications agencies of the DOTC are now transferred and attached to the DICT.

Republic Act No. 10844 or the Department of Information and Communications Technology Act of 2015 provides that:

“The following agencies are hereby abolished, and their powers and functions, applicable funds and appropriations, records, equipment, property, and personnel transferred to the Department [of Information and Communications Technology]:

x x x

(6) All operating units of the Department of Transportation and Communications (DOTC) with functions and responsibilities dealing with communications.

All offices, services, divisions, units and personnel not otherwise covered by this Act for transfer to the Department shall be retained under the DOTC, which is hereby renamed as the Department of Transportation.” (Section 15, R.A. No. 10844)

 

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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