EXECUTIVE ORDER NO. 1011 March 20, 1985
ESTABLISHING THE LAND TRANSPORTATION COMMISSION IN THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS, AND FOR OTHER PURPOSES
WHEREAS, efficient and reliable transportation services constitute a vital supportive system to national development;
WHEREAS, the rationalization of the administrative framework for the exercise of quasi-judicial and enforcement functions in the regulation of transportation services, will enhance the effectiveness of such services and redound to the welfare of the public;
WHEREAS, one way of rationalizing governmental regulations in the field of transportation, is to merge the two existing agencies tasked with the implementation of land transportation laws, namely the Board of Transportation and the Bureau of Land Transportation, into one agency in order to avoid wasteful duplication of functions and thereby upgrade public utility services;
WHEREAS, under Presidential Decree No. 1416, as amended, the President of the Philippines is empowered and authorized to undertake such organizational and related improvements as may be appropriate in the light of changing circumstances and new developments;
NOW, THEREFORE, I,...
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Executive Orders
Establishing the Land Transportation Commission in the Ministry of Transportation and Communications, and for Other Purposes
Executive Order No. 1011
EXECUTIVE ORDER NO. 1011
Establishing the Land Transportation Commission
- Creates the Land Transportation Commission (the "Commission") under the Ministry of Transportation and Communications to regulate land transportation services and facilities (Sec. 1)
- Composition of the Commission:
- Chairman and four Commissioners appointed by the President for 6-year terms (Sec. 2)
- Chairman has qualifications and rank of an Associate Justice of the Intermediate Appellate Court (Sec. 2)
- Two Commissioners must be lawyers with qualifications of a Regional Trial Court Judge (Sec. 2)
- Two other Commissioners need not be lawyers but must have relevant degrees and qualifications of a Regional Trial Court Judge (Sec. 2)
- Executive Director appointed by the President to assist in day-to-day management (Sec. 2)
- The Ministry of Transportation and Communications exercises administrative supervision and control over the Commission (Sec. 3)
Jurisdiction of the Commission
- Covers motorized or engine-driven vehicles and their components, except as provided in Sec. 11 (Sec. 4)
- Excludes non-motorized vehicles like animal-drawn carriages, carts, and bicycles, unless ancillary to motorized vehicles (Sec. 4)
- May empower other agencies to regulate specialized motorized vehicles not operating on public roads (Sec. 4)
Powers and Functions of the Commission
A. Quasi-judicial powers and functions (require notice and hearing):
- Identify, establish, prescribe, and regulate routes, capacities, and areas of operation for public land transportation services (Sec. 5(a)(1))
- Issue, amend, revise, suspend or cancel Certificates of Public Convenience or permits for public land transportation services (Sec. 5(a)(2))
- Determine, prescribe, approve, and periodically review and adjust reasonable fares, rates, and charges for public land transportation services (Sec. 5(a)(3))
- Issue injunctions, punish for contempt, issue subpoenas, administer oaths, order search and seizure, and impose fines and penalties (Sec. 5(a)(4-7))
B. Administrative powers and functions:
- Register motorized vehicles, issue licenses to drivers, and fix, impose, collect, and periodically review and adjust fees and charges (Sec. 5(b)(1))
- Fix, impose, collect, and periodically review and adjust fees, charges, and administrative fines (Sec. 5(b)(2))
- Implement and enforce laws, policies, rulings, and decisions on land transportation (Sec. 5(b)(3))
- Promulgate, administer, and enforce standards, rules, and regulations for public land transportation services (Sec. 5(b)(4))
- Formulate, promulgate, implement, and enforce rules and regulations on land transportation (Sec. 5(b)(5))
C. Other powers and functions:
- Prepare and submit a national public land transportation development plan to the Minister (Sec. 5(c)(1))
- Coordinate and cooperate with other agencies on public land transportation services (Sec. 5(c)(2))
- Participate in licensing and supervision of motorized vehicle driving schools (Sec. 5(c)(3))
- Perform other functions necessary or assigned by the Minister (Sec. 5(c)(4))
- Prescribe, formulate, promulgate, and implement procedures, rules, and regulations (Sec. 5(d))
Submission of Public Land Transportation Development Plans and Programs
- The Commission shall prepare and submit to the Ministry for approval public land transportation development plans and programs with at least region-wide coverage, indicating guidelines for routes, capacities, and areas of operation (Sec. 6)
Regional Offices
- The Commission may establish regional offices headed by Regional Directors and Assistant Regional Directors (Sec. 7)
- Regional offices may conduct hearings and adjudicate certain matters as authorized by the Commission (Sec. 7)
Appeals
- Decisions of regional offices are appealable to the Commission (Sec. 8)
- Decisions of the Commission are appealable to the Intermediate Appellate Court (Sec. 8)
Enforcement Functions
- A designated Commissioner oversees enforcement functions (Sec. 9)
- May solicit assistance and deputize heads or personnel of other agencies for enforcement (Sec. 9)
- Decisions of deputized agencies are subject to review by the Commission (Sec. 9)
Authority Over Metro Manila Transit Corporation
- The Commission has authority over the Metro Manila Transit Corporation only with respect to routes, rates, and passenger safety measures (Sec. 10)
Transfer of Regulatory Powers to Local Governments
- Regulatory powers over motorized tricycles used for public transportation are transferred to city and municipal governments, except for registration, licensing, franchising, and rate setting (Sec. 11)
Authority Over Public Transportation Systems Operating on Railways
- The Commission assumes authority and jurisdiction over public transportation services or systems operating on railways, such as railroads and light rail transit systems (Sec. 12)
- For government-operated systems, the Commission has authority only over routes, rates, and passenger safety measures (Sec. 12)
Abolition of the Board of Transportation and the Bureau of Land Transportation
- The Board of Transportation and the Bureau of Land Transportation are abolished, and their powers, functions, responsibilities, appropriations, records, properties, equipment, rights, obligations, and liabilities are transferred to the Commission (Sec. 13)
- The quasi-judicial functions of the Board of Transportation pertaining to water transportation are transferred to the Maritime Industry Authority (Sec. 13)
- Qualified personnel from the abolished agencies may be retained by the Commission, while those not reappointed or who refuse appointment shall be separated from service and paid appropriate benefits (Sec. 13)
Hold-Over Functions
- Incumbents of positions in the abolished agencies shall continue to exercise their usual functions, duties, and responsibilities pending the issuance of an implementing order (Sec. 14)
Staffing Pattern Personnel
- The Commission shall determine its reorganization structure, staffing pattern, and appoint necessary personnel (Sec. 15)
- The Commission has the power to suspend, dismiss, approve or disapprove transfers, details, or promotional appointments of employees (Sec. 15)
Implementing Rules and Regulations
- The Minister of Transportation and Communications shall promulgate the necessary rules and regulations to implement this Executive Order (Sec. 16)
Repealing Clause
- All laws, decrees, orders, proclamations, rules and regulations, or parts thereof, which are inconsistent with this Executive Order are repealed or modified accordingly, except for the provisions of Presidential Decree No. 1605 (Sec. 17)
Separability Clause
- Any provision of this Executive Order which may be declared unconstitutional or invalid shall not nullify the other provisions, provided that the remaining provisions can still stand and be given effect (Sec. 18)
Effectivity
- This Executive Order shall take effect immediately (Sec. 19)
Establishing the Land Transportation Commission
- Creates the Land Transportation Commission (the "Commission") under the Ministry of Transportation and Communications to regulate land transportation services and facilities (Sec. 1)
- Composition of the Commission:
- Chairman and four Commissioners appointed by the President for 6-year terms (Sec. 2)
- Chairman has qualifications and rank of an Associate Justice of the Intermediate Appellate Court (Sec. 2)
- Two Commissioners must be lawyers with qualifications of a Regional Trial Court Judge (Sec. 2)
- Two other Commissioners need not be lawyers but must have relevant degrees and qualifications of a Regional Trial Court Judge (Sec. 2)
- Executive Director appointed by the President to assist in day-to-day management (Sec. 2)
- The Ministry of Transportation and Communications exercises administrative supervision and control over the Commission (Sec. 3)
Jurisdiction of the Commission
- Covers motorized or engine-driven vehicles and their components, except as provided in Sec. 11 (Sec. 4)
- Excludes non-motorized vehicles like animal-drawn carriages, carts, and bicycles, unless ancillary to motorized vehicles (Sec. 4)
- May empower other agencies to regulate specialized motorized vehicles not operating on public roads (Sec. 4)
Powers and Functions of the Commission
A. Quasi-judicial powers and functions (require notice and hearing):
- Identify, establish, prescribe, and regulate routes, capacities, and areas of operation for public land transportation services (Sec. 5(a)(1))
- Issue, amend, revise, suspend or cancel Certificates of Public Convenience or permits for public land transportation services (Sec. 5(a)(2))
- Determine, prescribe, approve, and periodically review and adjust reasonable fares, rates, and charges for public land transportation services (Sec. 5(a)(3))
- Issue injunctions, punish for contempt, issue subpoenas, administer oaths, order search and seizure, and impose fines and penalties (Sec. 5(a)(4-7))
B. Administrative powers and functions:
- Register motorized vehicles, issue licenses to drivers, and fix, impose, collect, and periodically review and adjust fees and charges (Sec. 5(b)(1))
- Fix, impose, collect, and periodically review and adjust fees, charges, and administrative fines (Sec. 5(b)(2))
- Implement and enforce laws, policies, rulings, and decisions on land transportation (Sec. 5(b)(3))
- Promulgate, administer, and enforce standards, rules, and regulations for public land transportation services (Sec. 5(b)(4))
- Formulate, promulgate, implement, and enforce rules and regulations on land transportation (Sec. 5(b)(5))
C. Other powers and functions:
- Prepare and submit a national public land transportation development plan to the Minister (Sec. 5(c)(1))
- Coordinate and cooperate with other agencies on public land transportation services (Sec. 5(c)(2))
- Participate in licensing and supervision of motorized vehicle driving schools (Sec. 5(c)(3))
- Perform other functions necessary or assigned by the Minister (Sec. 5(c)(4))
- Prescribe, formulate, promulgate, and implement procedures, rules, and regulations (Sec. 5(d))
Submission of Public Land Transportation Development Plans and Programs
- The Commission shall prepare and submit to the Ministry for approval public land transportation development plans and programs with at least region-wide coverage, indicating guidelines for routes, capacities, and areas of operation (Sec. 6)
Regional Offices
- The Commission may establish regional offices headed by Regional Directors and Assistant Regional Directors (Sec. 7)
- Regional offices may conduct hearings and adjudicate certain matters as authorized by the Commission (Sec. 7)
Appeals
- Decisions of regional offices are appealable to the Commission (Sec. 8)
- Decisions of the Commission are appealable to the Intermediate Appellate Court (Sec. 8)
Enforcement Functions
- A designated Commissioner oversees enforcement functions (Sec. 9)
- May solicit assistance and deputize heads or personnel of other agencies for enforcement (Sec. 9)
- Decisions of deputized agencies are subject to review by the Commission (Sec. 9)
Authority Over Metro Manila Transit Corporation
- The Commission has authority over the Metro Manila Transit Corporation only with respect to routes, rates, and passenger safety measures (Sec. 10)
Transfer of Regulatory Powers to Local Governments
- Regulatory powers over motorized tricycles used for public transportation are transferred to city and municipal governments, except for registration, licensing, franchising, and rate setting (Sec. 11)
Authority Over Public Transportation Systems Operating on Railways
- The Commission assumes authority and jurisdiction over public transportation services or systems operating on railways, such as railroads and light rail transit systems (Sec. 12)
- For government-operated systems, the Commission has authority only over routes, rates, and passenger safety measures (Sec. 12)
Abolition of the Board of Transportation and the Bureau of Land Transportation
- The Board of Transportation and the Bureau of Land Transportation are abolished, and their powers, functions, responsibilities, appropriations, records, properties, equipment, rights, obligations, and liabilities are transferred to the Commission (Sec. 13)
- The quasi-judicial functions of the Board of Transportation pertaining to water transportation are transferred to the Maritime Industry Authority (Sec. 13)
- Qualified personnel from the abolished agencies may be retained by the Commission, while those not reappointed or who refuse appointment shall be separated from service and paid appropriate benefits (Sec. 13)
Hold-Over Functions
- Incumbents of positions in the abolished agencies shall continue to exercise their usual functions, duties, and responsibilities pending the issuance of an implementing order (Sec. 14)
Staffing Pattern Personnel
- The Commission shall determine its reorganization structure, staffing pattern, and appoint necessary personnel (Sec. 15)
- The Commission has the power to suspend, dismiss, approve or disapprove transfers, details, or promotional appointments of employees (Sec. 15)
Implementing Rules and Regulations
- The Minister of Transportation and Communications shall promulgate the necessary rules and regulations to implement this Executive Order (Sec. 16)
Repealing Clause
- All laws, decrees, orders, proclamations, rules and regulations, or parts thereof, which are inconsistent with this Executive Order are repealed or modified accordingly, except for the provisions of Presidential Decree No. 1605 (Sec. 17)
Separability Clause
- Any provision of this Executive Order which may be declared unconstitutional or invalid shall not nullify the other provisions, provided that the remaining provisions can still stand and be given effect (Sec. 18)
Effectivity
- This Executive Order shall take effect immediately (Sec. 19)