Transferring The Clark International Airport Corporation (Ciac) From The Office Of The President To The Department Of Transportation And Communications (Dotc), Making Ciac An Agency Attached To The Dotc, And Further Transferring The Shares Of Stock Of Ciac

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Transferring The Clark International Airport Corporation (Ciac) From The Office Of The President To The Department Of Transportation And Communications (Dotc), Making Ciac An Agency Attached To The Dotc, And Further Transferring The Shares Of Stock Of Ciac

Executive Order No. 64

December 21, 2011

Case Overview and Summary

Summary of Executive Order No. 64

Transfer of CIAC to DOTC
- The Clark International Airport Corporation (CIAC) is transferred from the Office of the President to the Department of Transportation and Communications (DOTC) as an agency attached to the DOTC. (Section 1)
- The DOTC shall exercise administrative control and supervision over CIAC. (Section 1)

Board of Directors
- The powers and functions of CIAC shall be vested in and exercised by a Board of Directors composed of 11 members: (Section 2)
    - Chairperson: Secretary of Transportation and Communications
    - Vice Chairperson: Secretary of Tourism
    - Members: General Manager of MIAA, Director General of CAAP, and 7 other members appointed by the President representing the equity of the National Government in CIAC.
        - The 7 appointive directors must be Filipino citizens, of good moral character, and recognized competence in relevant fields like civil aviation, economics, tourism, law, or engineering. (Section 2)
        - The nomination and appointment of the 7 appointive directors shall comply with the GOCC Governance Act of 2011. (Section 2)

Transfer of Shares and Control
- The BCDA or the entity/persons in whose names the shares of stock of CIAC are registered shall transfer and convey immediately to the National Government all the shares of stock of CIAC. (Section 3)
- The shares of stock shall be delivered in the name of the National Government to the Secretary of Transportation and Communications on behalf of the Republic of the Philippines. (Section 3)
- Any delay in the execution of the transfer documents shall not delay or hinder the immediate exercise of powers of control and supervision over CIAC by the Secretary of Transportation and Communications, including the power to recommend appointment or removal of CIAC's Board of Directors and officers, subject to the GOCC Governance Act of 2011. (Section 3)

Assistance from Other Government Agencies
- The Secretary of Transportation and Communications may call upon the Department of Finance, Department of Budget and Management, National Economic and Development Authority, BCDA, CDC, and any other government agency for assistance in performing his functions. (Section 4)
- All heads of government departments, agencies, bureaus, offices, and government-owned or -controlled corporations are enjoined to render full assistance and cooperation to the Secretary of Transportation and Communications and provide necessary information and data. (Section 4)

Repealing Clause and Separability Clause
- All issuances, orders, rules and regulations inconsistent with this Executive Order are repealed, amended or modified accordingly. (Section 5)
- If any provision of this Executive Order is declared invalid or unconstitutional, the other unaffected provisions shall remain valid and subsisting. (Section 6)

Effectivity
- This Executive Order shall take effect immediately upon publication in a newspaper of general circulation. (Section 7)

Amends

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Amended by

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Tags

Executive Issuances

Executive Orders

Clark International Airport Corporation

CIAC

Department of Transportation and Communications

DOTC

administrative control

supervision

Board of Directors

shares of stock

National Government

equity

GOCC Governance Act of 2011

Bases Conversion and Development Authority

BCDA

Clark Development Corporation

CDC

Manila International Airport Authority

MIAA

Diosdado Macapagal International Airport

DMIA

Clark Civil Aviation Complex

CCAC

Clark Industrial Estate 5

IE5

Law

Transferring The Clark International Airport Corporation (Ciac) From The Office Of The President To The Department Of Transportation And Communications (Dotc), Making Ciac An Agency Attached To The Dotc, And Further Transferring The Shares Of Stock Of Ciac

Executive Order No. 64

December 21, 2011

MALACAÑAN PALACEMANILA BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 64 TRANSFERRING THE CLARK INTERNATIONAL AIRPORT CORPORATION (CIAC) FROM THE OFFICE OF THE PRESIDENT TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), MAKING CIAC AN AGENCY ATTACHED TO THE DOTC, AND FURTHER TRANSFERRING THE SHARES OF STOCK OF CIAC WHEREAS, CIAC was incorporated and registered with the Securities and Exchange Commission (SEC) as a wholly-owned subsidiary of the Clark Development Corporation (CDC) pursuant to Executive Order No. (EO) 192 (s. 1994), with the primary purpose of operating and managing the Clark Civil Aviation Complex (CCAC); WHEREAS, EO 360 (s. 1996) was issued making CIAC a subsidiary of the Bases Conversion and Development Authority (BCDA), consistent with the provisions of Republic Act No. (RA) 7227, as amended, otherwise known as the “Bases Conversion and Development Act of 1992;” WHEREAS, EO 7 (s. 2001), authorized the merger of CIAC and CDC, with CDC as the surviving corporation, in order that there will be effective and efficient coordination in pursuing their policies and operations; WHEREAS, EO 186...
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Transferring The Clark International Airport Corporation (Ciac) From The Office Of The President To The Department Of Transportation And Communications (Dotc), Making Ciac An Agency Attached To The Dotc, And Further Transferring The Shares Of Stock Of Ciac

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Executive Orders

Clark International Airport Corporation

CIAC

Department of Transportation and Communications

DOTC

administrative control

supervision

Board of Directors

shares of stock

National Government

equity

GOCC Governance Act of 2011

Bases Conversion and Development Authority

BCDA

Clark Development Corporation

CDC

Manila International Airport Authority

MIAA

Diosdado Macapagal International Airport

DMIA

Clark Civil Aviation Complex

CCAC

Clark Industrial Estate 5

IE5

MALACAÑAN PALACEMANILA BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 64 TRANSFERRING THE CLARK INTERNATIONAL AIRPORT CORPORATION (CIAC) FROM THE OFFICE OF THE PRESIDENT TO THE DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS (DOTC), MAKING CIAC AN AGENCY ATTACHED TO THE DOTC, AND FURTHER TRANSFERRING THE SHARES OF STOCK OF CIAC WHEREAS, CIAC was incorporated and registered with the Securities and Exchange Commission (SEC) as a wholly-owned subsidiary of the Clark Development Corporation (CDC) pursuant to Executive Order No. (EO) 192 (s. 1994), with the primary purpose of operating and managing the Clark Civil Aviation Complex (CCAC); WHEREAS, EO 360 (s. 1996) was issued making CIAC a subsidiary of the Bases Conversion and Development Authority (BCDA), consistent with the provisions of Republic Act No. (RA) 7227, as amended, otherwise known as the “Bases Conversion and Development Act of 1992;” WHEREAS, EO 7 (s. 2001), authorized the merger of CIAC and CDC, with CDC as the surviving corporation, in order that there will be effective and efficient coordination in pursuing their policies and operations; WHEREAS, EO 186...
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Transferring The Clark International Airport Corporation (Ciac) From The Office Of The President To The Department Of Transportation And Communications (Dotc), Making Ciac An Agency Attached To The Dotc, And Further Transferring The Shares Of Stock Of Ciac