Article 79p. 79

ADMINISTRATIVE CODE AND LAW OF PUBLIC OFFICERS TEXT AND RULES

TITLE XV Transportation and Communications

CHAPTER 1 General Provisions

SECTION 1. Declaration of Policy . — The State is

committed to the maintenance and expansion of viable,

efficient, fast, safe and dependable transportation and

communications systems as effective instruments for

national recovery and economic progress. It shall not

compete as a matter of policy with private enterprise and

shall

operate

transportation

and

communications

facilities only in those areas where private initiatives are

inadequate or non-existent.

SECTION

2.

Mandate .

—

The

Department

of

Transportation and Communications shall be the primary

policy,

planning,

programming,

coordinating,

implementing, regulating and administrative entity of

the

Executive

Branch

of

the

government

in

the

promotion, development and regulation of dependable

and

coordinated

networks

of

transportation

and

communications systems as well as in the fast, safe,

efficient

and

reliable

postal,

transportation

and

communications services.

SECTION 3. Powers and Functions .— To accomplish

its mandate, the Department shall:

(1) 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;

(2)

Establish

and

administer

comprehensive

and

integrated

programs

for

transportation

and

communications, and for this purpose, it may call on any

agency, corporation or organization, whether public or

private,

whose

development

programs

include

transportation and communications as integral parts

thereof, to participate and assist in the preparation and

implementation of such programs;

(3)

Assess,

review

and

provide

direction

to

transportation

and

communications

research

and

development

programs

of

the

government

in

coordination with other institutions concerned;

(4)

Administer

and

enforce

all

laws,

rules

and

regulations

in

the

field

of

transportation

and

communications;

(5) 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;

(6)

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;

(7) Issue certificates of public convenience for the

operation of public land and rail transportation utilities

and services;

(8)

Accredit

foreign

aircraft

manufacturers

or

international organizations for aircraft certification in

accordance with established procedures and standards;

(9) Establish and prescribe rules and regulations for

identification of routes, zones or areas of operation of

particular operators of public land services;

(10) 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;

(11) Establish and prescribe rules and regulations for

the issuance of certificates of public convenience for

public

land

transportation

utilities,

such

as

motor

vehicles, trimobiles and railways;

(12) Establish and prescribe rules and regulations for

the

inspection

and

registration

of

air

and

land

transportation

facilities,

such

as

motor

vehicles,

trimobiles, railways and aircraft;

(13) Establish and prescribe rules and regulations for

the issuance of licenses to qualified motor vehicle drivers,

conductors and airmen;

(14) Establish and prescribe the corresponding rules

and regulations for 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;

(15)

Determine,

fix

or

prescribe

charges

or rates

pertinent to postal services and to the operation of public

air and land transportation utility facilities and services,

except such rates 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;

(16) Establish and prescribe the rules, regulations,

procedures and standards for the accreditation of driving

schools;

(17) Administer and operate the Civil Aviation Training

Center

(CATC) and the National Telecommunications

Training Institute (NTTI); and

(18) Perform such other powers and functions as may

be provided by law.

SECTION

4.

Organizational

Structure .

—

The

Department shall consist of the Department Proper, the

Department Regional Offices, the Land Transportation

Franchising and Regulatory Board, and the Attached

Agencies.

CHAPTER 2 Department Proper

SECTION 5. Office of the Secretary . — The Office of

the Secretary shall consist of the Secretary, his immediate

staff, the Franchising Review Staff and the Investigation,

Security and Law Enforcement Staff.

The Franchising Review Staff shall be headed by a

Review Staff Director with the same rank, salary and

privileges of a Department Regional Director who shall be

appointed by the President upon the recommendation of

the Secretary. The Franchising Review Staff shall assist

the

Secretary

in

the

review

of

cases

and

matters

pertaining to, among others, grants of franchises and the

regulation thereof.

The Investigation, Security and Law Enforcement Staff

shall be headed by a Staff Director with the same rank,

salary and privileges of a Department Service Chief. The

Investigation, Security and Law Enforcement Staff shall

be responsible for: (a) providing security and intelligence

for

the

Department;

(b)

coordinating

security

and

intelligence activities of security units of its offices and

attached agencies; and (c) undertaking law enforcement,

functions and activities relating to land transportation.

SECTION 6. Undersecretaries . — The Secretary shall

be

assisted

by

four

(4)

Undersecretaries.

Each

Undersecretary shall have control and supervision over

the respective offices and services assigned to him by the

Secretary.

SECTION 7. Assistant Secretaries . — The Secretary

shall also be assisted by eight (8) Assistant Secretaries

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