research study on torts and damages and transportation 2012 - final

7/31/2019 Research Study on Torts and Damages and Transportation 2012 - FINAL

1/85

October 2012

A Research Paper onTorts, Damages and Transportation Law

Submitted by:

Aquino, Carol Bambao, Nicolette

Chan, Anthony Liwanag, LeandroSese, Rens Gener

Submitted to:Dr. Jose Teodorico V. Molina


2/85

Aquino, Bambao, Chan,Liwanag, Sese [RESEARCH STUDY ON TORTS AND DAMAGES AND TRANSPORTATION]

2

TABLE OF CONTENTS

TABLE OF CONTENTS....................................................................................................................................... 2

MARITIME TRAINING COUNCIL ........................................................................................................................ 8NATIONAL MARITIME POLYTECHNIC ............................................................................................................. 11

BUREAU OF PRODUCT STANDARDS ............................................................................................................... 13

PHILIPPINE SHIPPERS BUREAU ....................................................................................................................... 17

CONSTRUCTION INDUSTRY AUTHORITY OF THE PHILIPPINES ....................................................................... 20

AIR TRANSPORTATION OFFICE ....................................................................................................................... 26

CIVIL AERONAUTICS BOARD .......................................................................................................................... 29

MARITIME INDUSTRY AUTHORITY ................................................................................................................. 34

LAND TRANSPORTATION OFFICE ................................................................................................................... 38

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD............................................................. 41

PHILIPPINE COAST GUARD ............................................................................................................................. 43

BUREAU OF TRADE REGULATION AND CONSUMER PROTECTIONS .............................................................. 46

PHILIPPINE PORTS AUTHORITY ...................................................................................................................... 50

OFFICE FOR TRANSPORTATION SECURITY ..................................................................................................... 52

CIVIL AVIATION AUTHORITY OF THE PHILIPPINES ......................................................................................... 54

MANILA INTERNATIONAL AIRPORT AUTHORITY............................................................................................ 59PHILIPPINE AEROSPACE DEVELOPMENT CORPORATION .............................................................................. 70

LIGHT RAIL TRANSIT AUTHORITY ................................................................................................................... 73

PHILIPPINE NATIONAL RAILWAYS .................................................................................................................. 79

REFERENCES................................................................................................................................................... 84

APPENDIX ...................................................................................................................................................... 85


3/85


3

FOOD AND DRUG ADMINISTRATION(Formerly Bureau of Food and Drugs)

Location: Civic Drive, Filinvest Corporate City, Alabang, Muntinlupa City

General Functions:

I. Develops plans policies, programs and strategies for regulating processed foods, drugsand other related products

II. Formulates rules, regulations and standards for licensing and accreditation of processedfoods, drugs and other related products

III. Conducts licensing and accreditation of processed foods, drugs and other relatedproducts.

IV. Provides technical, consultative and advisory services to and develops capability of fieldoffices on licensing and enforcement of laws, rules and regulations pertaining toprocessed foods, drugs and other related products.

V. Monitors, evaluates and ensures compliance of manufacturers, distributors, advertisersand retailers of processed foods, drugs and other related products to health rules andregulations and standards of quality.

VI. Advises the Secretary and Undersecretary of Health on matters pertaining to regulation of processed foods, drugs and other related products.

What does BFAD do?

This is a regulatory agency that ensures the safety, efficacy, purity and quality of processed foods, drugs, diagnostic reagents, medical devices, cosmetics and householdhazardous substances through state-of-the art technology, as well as the scientific soundness andtruthfulness of product information, for the protection of public health. It regulates through theeffective and efficient implementation of national policies consistent with international bestpractices.


4/85


4

History:

To carry out the provisions of R.A. 3720, the Food and Drug Administration (FDA) wascreated and offices and laboratories were constructed in the DOH San Lazaro Compound, Sta.Cruz, Manila at a cost of about 2.5M. The Food and Drug Administration became operational withthe appointment of its first FDA Administrator on May 25, 1966 to Dec. 7, 1977. By virtue of R.A.3720, the powers, functions, and duties of the Division of Food and Drug Testing of the Bureau of Research and Laboratories and the Board of Food Inspection, all personnel together with all theirequipment, supplies, records, files and balance of appropriations were transferred to the FDA.

On December 2, 1982, Executive Order No. 851 by Section 4, under the Minister of Health,the FDA was abolished and created the Bureau of Food and Drugs (BFAD).

An establishment intending to engage in the importation, exportation, distribution, and

manufacture and re-packing of products regulated by BFAD, must have a LICENSE TO OPERATE(LTO) prior to start of or for continued operations. The processing of applications for the initialissuance, renewal or amendment of the License to Operate of establishments is referred to asESTABLISHMENT LICENSING. BFAD establishes the identification and circumstances of the legalentity applying for the license and conducts site inspection to evaluate the capability of theestablishment to engage in its stated activities, in compliance with BFAD standards andrequirements.

Per RA 3720, BFAD regulates drugs, processed food, cosmetics, and household hazardoussubstances. The products are classified into product classes, product categories and then producttypes as shown in the Table of Products. This classification of products is used in determining theapplicable documentary requirements for submitting applications for establishment licensing orproduct registration.

Services:


5/85


5


6/85


6

How does BFAD process consumer complaints?

Consumers are advised to coordinate with the nearest Department of Health Center forHealth Development (CHD) for product complaints. If the Acting Consumer Arbitration Officersdeem it fit that the complained product needs laboratory analysis, the product will be forwardedto the BFAD Laboratory Services Division.


7/85


7

Procedure on How Complaints are handled:

Vision: Food and Drug Administration to be an internationally recognized center of regulatoryexcellence safeguarding the health of the Filipinos

Mission: To ensure safety, efficacy, purity, and quality of products we regulate through effectiveimplementation of the national regulatory framework consistent with international bestpractices.


8/85


8

MARITIME TRAINING COUNCIL

Location: 10th Floor G.E. Antonino Bldg., T.M. Kalaw St.,cor. J. Bocobo Sts. Ermita, Manila

Under LOI No. 1404, the MTC shall perform the following functions:

I. Develop, formulate, and prescribe standards of training for seafarers as prescribed by theConvention.

II. Issue certificates of proficiency or competency to seamen who meet the trainingrequirements of the Convention.

III. Assist the Ministry of Education, Culture and Sports (now the Department of Education) inregulating and supervising the establishment and operation of seamen training centersthroughout the country.

IV. Liaise and coordinate with international organizations, particularly with the InternationalMaritime Organization, as regards the training, upgrading and qualifying of seafarers.

V. Formulate rules and regulations to implement the STCW of 1978 and to attain theobjectives of LOI 1404.

VI. Prescribe and collect fees from the seamen training centers subject to clearance by theNational Tax Research Center and to be remitted to and will constitute as part of theSeafarers Welfare and Fund.

VII. Undertake special programs/projects in furtherance of the objectives of training andupgrading of seafarers.

VIII. Study, evaluate and recommend to the Ministry of Education, Culture and Sports thenumber and maximum enrollment of nautical schools to ensure that the graduates willhave reasonable opportunity to be employed aboardship after their graduation.


9/85


9

History:

The Maritime Training Council, or MTC, was established on May 1, 1984 by virtue of Letterof Instruction No. 1404, issued by then President Ferdinand E. Marcos in keeping with thePhilippines commitments as a signatory to the Internation0al Maritime Organizations 1978Convention on Standards of Training, Certification, and Watchkeeping for Seafarers, or STCW 78.Amended in 1995, the Convention is now more commonly called as STCW 95. On January 11,1984, the Philippines submitted to the IMO its Instrument of Accession to the Convention.

The MTC is attached to the Ministry of Labor and Employment (now the Department of Labor and Employment) for administrative and policy control. It is headed by the DOLE Secretarywho acts as Chairperson, and who traditionally assigns an Undersecretary to act as PresidingChair. The Council has for its members the heads of the Maritime Industry Authority (MARINA),the Philippine Coast Guard (PCG), the Bureau of Higher Education (now the Commission on

Higher Education, or CHED), the Philippine Overseas Employment Administration (POEA), theWelfare Fund Administration (now the Overseas Workers Welfare Administration or OWWA), andthe Professional Regulation Commission (PRC). A representative from the private sector (eachfrom maritime employers and seafarers, respectively,) also sits as Council members. ASecretariat, headed by an Executive Director, assisted by a deputy, handles the day-to-dayoperation of the MTC.

Sometime in 2003, then DOLE Secretary Patricia Sto. Tomas further strengthened the MTCwhen she said that President Gloria Macapagal Arroyo has given an instruction to the effect thatall matters dealing with software in the maritime sector (seafarers) should be directly under the supervision of the DOLE, while the hardware (ships, shipyards, etc.) shall be under thesupervision of the Department of Transportation and Communication.

Today, as it vigorously pursues its mandate through its seafarer programs and projects,the MTC, ever ready and aware, also continues to strengthen its coordinative efforts with othergovernment agencies concerned and involved in the implementation of the STCW 95Convention. It continues to work closely as well with the private sector and internationalorganizations, notably the IMO, so it can enhance its capability to outfit the Filipino seafarer withknowledge and skills needed to sustain his reputation as one of, if not, the worlds best in theglobal maritime market.

It also constantly pursues innovative processes and strategies to increase its capacity tobe of service to its primary customer the Filipino seafarer. As a government agency, it strives tothe utmost to adhere to the good governance practices of honesty, integrity, accountability andtransparency, knowing that at the end of the day, it is these values that serve best the nationalinterest.


10/85


10

Vision:

To maintain the status of the Philippines as the major provider of qualified and competentseafarers in the world maritime labor market

Mission:

To ensure quality education and training for Filipino seafarers and develop a seafaring workforcewho are duly certificated, globally competent and compliant to national and internationalstandards and thus aid the country's maritime sector and industry


11/85


11

NATIONAL MARITIME POLYTECHNIC

Location: Cabalawan, Tacloban City

Mandate:

1. Shall offer specialization and upgrading courses for both licensed officers and ratings.

2. Shall conduct researches and studies on the latest maritime technologies and otherrelated matters for the maritime industry.

Function:

1. To train and upgrade the countrys maritime manpower resources through the conduct of specialization and upgrading programs integrating values vital to social transformation forboth licensed officers and ratings;

2. To conduct researches and studies on the latest technologies and other related activities

in the maritime industry;

3. To provide administrative and support services to ensure the delivery of quality maritimetraining;

History:

By virtue of Presidential Decree No. 1369, the National Maritime Polytechnic or NMP wasestablished on May 1, 1978. The initial operation was handled by employees from the NationalSeamen Board. The creation the NMP was brought about by the need for a maritime trainingcenter in the country. In 1980, the NMP was granted a 17-hectare lot in Cabawalan, Tacloban Citywhich was part of its expanding operation. The Philippines' commitment and Japan's assistanceresulted in the construction of up-to-date training, support and administrative service facilities. In1985, the signing of the Technical Cooperation Program between the Philippines and Japanresulted in a two-phase modernization and expansion program. Through Executive Order No. 126in 1987, the NMP became a state college to be governed by the Department of Labor andEmployment agency. Since 1986, the NMP offered various courses for deck and engine officersand the basic safety courses for both officers and ratings. To strengthen and boost the


12/85


12

competence of the agency's manpower, the NMP implemented the Faculty DevelopmentProgram and Staff Development Programs. The NMP also developed and implemented trainingprograms for maritime cadets. Small-scale motorboat operators, handlers and fisherman, as wellas motorboat operators and handlers, were also given Safety-at-Sea Courses from 1994 to 1996.

Research Services - ONGOING RESEARCHES - 2010

1. Supply of and Demand for Filipino Seafarers

2. Best Employment Practices Facilitative of Filipino Merchant Marine Officers CareerProgression: The Case of POEA Awardees of Excellence, Shipping Companies and ManningAgencies

3. Decent Work in the Maritime Industry: Focus on Filipino Seafarers On Board Domestic Vessels

Research Services - RESEARCHES CONDUCTED/ COMPLETED BY NMP 2002 - 2008

1. TRACER STUDY OF NMP GRADUATES, 2003-2006 (Phase 1), (2007)2. TRACER STUDY OF NMP GRADUATES, 2003-2006 (Phase 2), (2008)

3. An Inventory of Applicable Philippine Legislations Relating to the ILO Maritime LabourConvention 2006 (2007)

4. Benchmarking the Maritime Training Centers in the Philippines (2006)

5. The Management Level Training and Development Plan: An Examination of TrainingRequirements, Training Availability and of the NMP's Role

6. Stress Management Profile of Filipino Seafarers (2006)

7. The Human Factor in Marine Casualties and Incidents in the Philippines (2002, Revised 2006)

8. Factors Affecting Career Progression of Filipino Merchant Marine Officers to STCW '95Management Level Positions (2005)

9. Profile of Employed Filipino Ratings (2003)

10. Survey on the Health-Related Problems of Seafarers in the Workplace (2002)

11 . Profile of Women Executives in the Maritime Sector (2002)

12. Mixed Nationality Crews: The Filipino Seafarers Experience (2002)

How to Contact Them?

National Maritime Polytechnic Manila Office is located at 2nd Flr. ECC Building, 355 Gil PuyatAvenue, Makati City. They may be contacted through Telephone numbers (02)899-3683 / 897-2767 or through their email address: [email protected].
http://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phpmailto:[email protected]:[email protected]://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.phphttp://www.nmp.gov.ph/design/services.php


13/85


13

BUREAU OF PRODUCT STANDARDS

Location: 3/F Trade and Industry Bldg. 361 Sen. Gil Puyat Ave., Makati City

The BPS is the National Standards Body of the Philippines established by Republic Act (RA) No.4109, otherwise known as the Philippine Standardization Law, and Executive Order (EO) No. 133.

As the National Standards Body, BPS is mandated to develop, implement, and coordinatestandardization activities in the Philippines. It is primarily involved in standards development,product certification, and standards implementation/promotion to raise the quality and globalcompetitiveness of Philippine products at the same time to protect the interests of consumers

and businesses.

The Bureau of Product Standards (BPS), as the National Standards Body of the Philippines,develops, promulgates, implements, and coordinates standardization activities in the Philippinesas prescribed in Republic Act (RA) No. 4109 or the Standards Law and RA 7394 or the ConsumerAct of the Philippines.

Mission Statement:

We, the BPS family, in partnership with other organizations, are committed:

to raise the quality and global competitiveness of Philippine products; to foster consumer and environmental protection; to instill standards, safety and quality consciousness among the Filipino people; and to serve our clients with the quality of service that is attainable with our resources.

1. Standards Development Develops, reviews, and updates Philippine National Standards (PNS) for products and

services Harmonizes PNS with international standards

2. Standards Promotion Promotes standards and standardization and conformity assessment activities Conducts awareness sessions, training programs, fora, exhibits, trade fairs, and seminars Establishes network with trade associations, industry organizations, academe, and other

government agencies to facilitate communication with regards to the implementation of standards


14/85


14

3. Standards Enforcement and Consumer Assistance Conducts regular market monitoring and enforcement operations nationwide Acts on consumer complaints/reports Holds seminars for the manufacturers, importers, traders, wholesalers, distributors, and

retailers on their responsibilities to the buying public

4. Product Testing Services Offers third-party testing of products through its BPS Testing Center Performs electrical, chemical, and mechanical testing of products primarily to support the

BPS Product Certification Scheme

5. Product Certification Program Issues the Philippine Standards (PS) License and the Import Commodity Clearance (ICC) to

manufacturers and importers, respectively, that complies with the safety and qualityrequirements of a specific standard

6. Registration of Assessors Services Supervises the National Registration Scheme for Quality Management System (QMS) and

Environmental Management System Updates assessors on matters concerning international quality and environmental

standards

7. Information Services Offers Library services/Standards Data Center

Receives inquiries and fills orders for copies of local, foreign and international standards,catalogues, standards-related publications, and metrication materials

8. WTO TBT Enquiry Point Services Assists exporters in identifying and obtaining overseas standards and regulatory and

testing requirements that are affecting their products

9. International Services Performs and oversees activities concerned with regional and international affairs of the

BPS particularly on the development of memorandum of understanding (MOU) andmutual recognition arrangements (MRA) in a bilateral and multilateral level

10. Accreditation of Conformity Assessment Bodies Awards certificates of accreditation to management system certification bodies that issue

Certificates of ISO 9001 or QMS, ISO 14001/Environmental Management System (EMS),and Hazard Analysis Critical Control Point (HACCP)


15/85


15

11. Laboratory Accreditation Accredits testing and calibration laboratories through the BPS Laboratory Accreditation

Scheme (BPSLAS)

12. Training Extends technical assistance through seminars and training programs both for the

government and private sectors

Requirements and Procedures in Applying for an Import Commodity Clearance (ICC)

An IMPORT COMMODITY CLEARANCE is a document specifying compliance of importedproducts (products covered by mandatory standards) with applicable standards, as provided forby Republic Act 4109 and Department Administrative Order # 5, Series of 2001.

Requirements are as follows: Filled-up application form - notarized and filed in three (3) copies Bill of Lading / Airway Bill Packing List Certified True Copy of Import Entry Invoice DTI Business Registration Certificate / SEC Registration Certificate Test Certificate (if needed) Special Power of Attorney / Board Resolution (in cases where the ICC application is filed

by persons with managerial / supervising capability connected with the companyauthorizing them to process said ICC application)

Other Services for Importers based in Metro Manila:

1. Sales Promotion Permit: A permit to conduct any form or scheme for sales promotioncampaign of a consumer product, thirty (30) days before the commencement of thepromotion period. (Requirements for sales promotion).

Product covered - all consumer products and services, except food, drugs, devices,cosmetics and hazardous substances and agricultural products which shall be under the jurisdiction of the concerned departments or agencies.

2. Home Solicitation Permit: A permit to conduct home solicitation sales business on allconsumer products or services covered by DTI

3. Implementation of the Consumer Act: Per R.A. 7394, otherwise known as the ConsumerAct of the Philippines, any imported product shall be refused admission if such product:


16/85


16

o Fails to comply with an applicable consumer product quality and safety standardor rule;

o Has been determined to be injurious, unsafe and dangerous;o Is substandard; oro Has a material defect

All imported consumer products shall comply with the required minimum labelrequirements in their respective labels or packaging, to wit:

o Its correct and registered trade name or brand nameo Its duly registered trademarko Its registered business nameo Address of the importer of the producto Its general make or active ingredientso Net quantity of contents, in terms of weight, measure or numerical count rounded

off to at least the nearest tenths in the metric systemo Country of manufactureo Other required information by the concerned department:

a. whether it is flammable or inflammable;b. direction for use, if necessary;c. warning of toxicity;d. wattage, voltage or amperes;e. process of manufacture used


17/85


17

PHILIPPINE SHIPPERS BUREAU

Location: 2/F Trade and Industry Bldg. 361 Sen. Gil J. Puyat Ave., Makati City

History:

The PSB was established as a regular bureau by virtue of Executive Order (EO) 514 issuedon 26 March 1992, making it a line agency of the DTI. It used to be an attached agency known as

the Philippine Shippers Council (SHIPPERCON) created under P residential Decree (PD) 165 asamended by PD 833.

Its mandate is to promote and protect the common interests of Philippine exporters,importers, and other commercial users of water transport, and to undertake appropriatemeasures to develop trade through economical and efficient carriage of merchandise

Mandate :To promote and protect the common interests of Philippine exporters, importers, and

other commercial users of water transport, and to undertake appropriate measures to develop

trade through economical and efficient carriage of merchandise

Programs:

Consultation and negotiation with international and regional shipping and transportassociations. PSB conducts consultation, dialogue, and negotiation with its internationaland regional counterparts as well as shipping and transport associations on matters of mutual interests to exporters, importers, and other commercial users of sea transport,particularly on freight rates, adequacy of services and reasonable terms and conditions of carriage.

Supply Chain. Under this program, PSB shall determine the costs involved in thedistribution/ transport of some basic and prime commodities and recommend moreefficient distribution that would mean assured supply of these commodities at reducedtransport cost.

Assistance to Shippers. PSB provides assistance to shippers in terms of freight booking,calculation of transportation costs, freight forwarding, containerization, documentation,


18/85


18

packing, marking, and labeling, and other related services in order to facilitate thetransport of cargo to, from, and within the Philippines.

Mediation. PSB conducts mediation proceedings to resolve complaints and disputesbetween and among shippers, freight forwarders, shipping lines, and other transportservice providers. The nature of complaints include non-delivery, loss and damage tocargo, overcharging, delay in delivery, unethical conduct, non-payment of fees andcharges and maritime fraud.

Implementation of PD 1466. PSB is the implementing agency of PD 1466 which requiresthat all government cargoes and those cargoes owned by private entities withgovernment loan, credits and guarantees be loaded on RP-flag vessel; otherwise, a waivermust be secured from PSB whenever such vessels are not available and/or suitable.

Accreditation of freight forwarders. PSB is in-charge of accreditation of sea freightforwarders categorized as non-vessel operating common carrier, international freightforwarder, and domestic freight forwarder.

Application Process:

PSB conducts mediation proceedings to resolve complaints and disputes between andamong shippers, freight forwarders, shipping lines, and other transport service providers. Thenature of complaints include non-delivery, loss and damage to cargo, overcharging, delay indelivery, unethical conduct, non-payment of fees and charges and maritime fraud.

Declare your shipment by accomplishing a detailed packing list stating all the contents of your box and value of shipment, per item if possible, as well as your preferred shipping date. Askfor proper (or extraordinary, if needed) packing, wrapping, strapping, sealing and labeling of yourbox.

Secure transport documents such as cargo receipt (or Official Receipt) for fees paid, andBill of Lading a document issued by a transportation carrier to the shipper as proof that theyhave received the shipment of goods and have placed them on board a particular vessel fordelivery to a particular destination. It also states the terms in which the received goods are to becarried

Get the name and contact details of the forwarders agent in the Philippines. Be sure thatthese informations are indicated in the transport document and/or receipt.

Encountered pilferage or lost item, much worst non-delivery, file an immediate claim orcomplaint with the freight forwarders customer service. You may also lodge your complaintdirectly to the Philippine Shippers Bureau .


19/85


19

Who may file: A person in the ship industry.

How They May Be Contacted:

The Philippine Shippers Bureau may be contacted through the Office of the Director at 2nd Floor,Trade and Industry Building, 361 Sen. Gil J. Puyat Avenue, Makati City. Or they may be reachedthrough their contact numbers (+632) 751-3304/751-0384 loc. 2212 or 2213.


20/85


20

CONSTRUCTION INDUSTRY AUTHORITY OF THE PHILIPPINES

Location: 2/F & 5/F, Executive Center Bldg. 369 Gil Puyat Ave., cor. Makati Ave., Makati City

Mandate:

The Construction Industry Authority of the Philippines (CIAP) under P.D. 1746 is mandatedto promote, accelerate and regulate the growth and development of construction industry in

conformity with national goals. Towards this end, one of its main objectives is to monitor andstudy the operations of the construction industry, its needs, problems and measures to supportits development.

Programs Thrust/Functions:

Industry Policy Development

To monitor and study the operations of the construction industry, to identify its needs,problems and opportunities, and to recommend and/or implement policies, legislation,

programs and measures to support its development;

Contractors Licensing and Registration

To ensure that only qualified contractors are issued the appropriated license to undertakeconstruction contracting activities in the Philippines;

Overseas Contractors Registration and Development

To promote Philippine construction capabilities in the overseas market;

Construction Quality & Efficiency Improvement

To improve the quality of construction and promote the efficient implementation of public and private construction projects


21/85


21

Construction Contract Dispute Resolution

To provide an out-of-court mechanism for the fair and expeditious settlement of disputesarising from, and/or connected with, government and private construction contracts inthe Philippines.

The CIAP and its four implementing boards provide various regulatory and developmentalservices for the construction industry. Generally, CIAP provides information on industry policies,industry performance and prospects, contractors profiles, blacklisted contractors, andcontractors performance ratings.

One of its vital roles in the construction industry is the regulation of the domestic contractingsector through the issuance of licenses to contractors and the contractors' registration andclassification by the Philippine Contractors Accreditation Board (PCAB) for government projects.

Through the Philippine Overseas Construction Board (POCB), the CIAP also registers andissues project authorization to Philippine contractors and consultants for overseas operations.The POCB also provides market information, such as project opportunities and country profiles,to registered overseas contractors.

Through the Philippine Domestic Contractors Board (PDCB), CIAP assists various government-tendering agencies and other concerned entities in establishing the Contractors PerformanceEvaluation System (CPES) to ensure quality and safety in their construction projects. The PDCBlikewise accredits CPES evaluators and provides information on CPES ratings and blacklisted firms.

Lastly, the CIAP, through the Construction Industry Arbitration Commission (CIAC), resolvesconstruction contract disputes through arbitration and mediation/conciliation. It also subsidizesthe costs for the resolution of small claims (P1 million and below) through the ArbitrationDevelopment Fund and accredits construction arbitrators.

Procedure in Filing a Complaint:

CIAC stands for Construction Industry Arbitration Commission. It is tasked to provide theconstruction industry with other methods of speedy and equitable settlement of constructiondisputes, like conciliation and arbitration, other than court litigation.

Requirements for CIAC to acquire jurisdiction over construction disputes:

1. The contract of the parties must contain an arbitration clause, stating amongothers, that in case a dispute arises from said contract, it will be resolved byarbitration. If the contract has no arbitration clause, both parties must sign anagreement to arbitrate.


22/85


22

2. One of the parties must file a case or Request for Adjudication with the CIAC.

3. Disputes that may be brought to CIAC for adjudication:

violation of specifications for materials and workmanship; violation of the terms of the agreement; interpretation/application of contractual provisions/amount of damages; commencement time and delays; maintenance and defects; payment default of employer or contractor; and changes in contract cost

As of 2007, filing of case to awarding took an average time lapse of 8 months and 4 dayswhile signing of terms of reference (TOR) to awarding took 6 months.


A. Upon filing of the Request for Adjudication (RFA)

* Preliminary Filing Fee ------------ P3,600.00* Initial Deposit for Arbitrator's Fees

** 10% of arbitrator's fees based on amount of claim or P5,000.00

whichever is higher but not to exceed P50,000.00

** Respondent to deposit similar amount based on his counterclaim, if any

* special assessment fee under CIAC Res. No. 2-96, if applicable

B. Upon signing of the Terms of Reference (TOR):

* Balance of the Filing Fee* 50% of the Administrative Fee* 50% of the Arbitrator's Fee

C. At the Penultimate Hearing / Meeting :

* 50% of the Administrative Fee* 50% of the Arbitrator's Fee

- if no hearing is held, the last two tranches (B & C) shall be due upon TOR signing


23/85


23

B. FOR NON-MONETARY CLAIMS

ARBITRATION FEES FOR NON-MONETARY CLAIMS

(Approved in the 23rd CIAC Regular Meeting held on July 14, 1993)

B.1 PURELY NON-MONETARY AWARDINVOLVED

1. FILING FEE

P3,600.00 plus 9.0% of thearbitrators' fees

SCHEDULE OF PAYMENTS-

- P3,600.00 upon filing of the Requestfor Adjudication.

- 8.0% of the estimated total

arbitrators' fees upon signing of theTOR.

- balance of the filing fee based onactual total arbitrators' fees uponaward

2. ADMINISTRATIVE FEES

P6,000.00 plus 6% of total arbitrators'fees

- P6,000.00 upon signing of the Termsof Reference (TOR) plus 6% of estimated total arbitrators' fees.

- Upon award, balance of administrative fees based on actualtotal arbitrators' fees.


24/85


24

3. ARBITRATORS' FEES

3.1 Acceptance Fee

3.2 Fees per session

For a Tribunal

Chairman:Minimum of P4,500.00 persession of 3 hours or less plusP1,500.00 in excess of 3 hours.

Members :

Minimum of P3,000.00 persession of 3 hours or less plusP1,000.00 per hour in excess of 3 hours.

For Sole Arbitrator :

Minimum of P7,500.00 persession of 3 hours or less plusP2,500.00 per hour in excess of 3 hours.

4. AWARD DRAFTING

P10,000.00

- 10,000.00 upon filing of the Requestfor Adjudication

- Upon signing of the TOR, 50% of estimated arbitrators' fees

- Upon award, balance of arbitrators'fees based on actual number of sessions.

- Upon Award

B.2 FOR NON-MONETARY CLAIMS BUT WITH MONETARY AWARD INVOLVED

Fees will be based on the schedule of monetary claims.

SCHEDULE OF CONCILIATION/MEDIATION FEES

Administrative Fee P1,200.00 per meeting

Conciliator's/ Mediator'sFee

Deposit

P 500.00 per person/hour/meeting

P6,000.00 *


25/85


25

* Should the parties in the conciliation/mediation proceeding decide to elevate their case toarbitration, any excess in the amount deposited conciliation/mediation after the actualadministrative and conciliator/mediator's fees have been deducted may be used to defray thecharges in arbitration.

Who may File: A member of the CIAP

How does CIAP resolve a complaint?

Arbitration is a way of settling dispute(s) between parties who agree to submit the samefor resolution by their nominated judges or arbitrators. A decision or an award rendered byarbitrator/s in arbitration proceedings is enforceable by a writ of execution.

In conciliation, the dispute is referred to a panel of conciliators tasked to bring the parties

to an agreement. Mediation is similar to conciliation except that the dispute is referred only to asingle neutral third party, called a mediator, who is tasked to bring the disputing parties to anegotiation. Decision or award rendered in conciliation/mediation is not binding upon theparties. They are merely recommendatory.


26/85


26

AIR TRANSPORTATION OFFICE

Location: NAIA Road, Pasay City

History:

Legislative Act No. 3909 passed by the Philippine Legislative on November 20, 1931

created an Office under the Department of Commerce and Communications to handle aviationmatters, particularly the enforcement of rules and regulations governing commercial aviation aswell as private flying. It was amended by Act 3996 to include licensing of airmen and aircraft,inspection of aircraft concerning air traffic rules, schedules and rates and enforcement of aviationlaws.

From 1932 to 1936, there were no standard procedures as to the licensing of airmen,registration of aircraft and recording of various aeronautical activities connected with commercialaviation. There were attempts made to register planes and their owners without ascertainingtheir airworthiness and to record names of pilots, airplane mechanics and other details.

In 1933, the Office of Technical Assistant of Aviation Matters was enlarged into theAeronautics Division under the Department of Commerce and Industry, the functions of whichwere embodied in Administrative Order No. 309, a joint bulletin issued by the Department of Public Works and Communications and the Department of Finance. In October 1934, Act 4033was passed to require a franchise from the Philippine government in order to operate an airservice and to regulate foreign aircraft operations.

On November 12, 1936, the Philippine Legislative passed Commonwealth Act No. 168,better known as the Civil Aviation Law of the Philippines which created the Bureau of Aeronautics. After the liberation of the Philippines from Japanese occupation in March 1945, the

Bureau was reorganized and placed under the Department of National Defense. Among itsfunctions was to promulgate civil aviation regulations.

In October 1947, Executive Order No. 94 reorganized the government, transferring theBureau of Aeronautics to the newly created Department of Commerce and Industry and renamedCivil Aeronautics Administration (CAA). On June 5, 1948, Republic Act 224 created the NationalAirports Corporation which was charged with the management and operations of all nationalairports.
http://en.wikipilipinas.org/index.php?title=Congress_of_the_Philippineshttp://en.wikipilipinas.org/index.php?title=Department_of_Financehttp://en.wikipilipinas.org/index.php?title=Congress_of_the_Philippineshttp://en.wikipilipinas.org/index.php?title=Department_of_National_Defensehttp://en.wikipilipinas.org/index.php?title=Republic_Acts_of_the_Philippineshttp://en.wikipilipinas.org/index.php?title=Image:Air_Transportation_Office(Philippines).jpghttp://en.wikipilipinas.org/index.php?title=Republic_Acts_of_the_Philippineshttp://en.wikipilipinas.org/index.php?title=Department_of_National_Defensehttp://en.wikipilipinas.org/index.php?title=Congress_of_the_Philippineshttp://en.wikipilipinas.org/index.php?title=Department_of_Financehttp://en.wikipilipinas.org/index.php?title=Congress_of_the_Philippines


27/85


27

On June 20, 1952, Republic Act No. 776, otherwise known as the Civil Aeronautics Act of the Philippines reorganized the Civil Aeronautics Board and the Civil Aeronautics Administration.It defined the powers and duties of both agencies including the funds, personnel and theregulations of Civil Aviation.

On October 19, 1956, Executive Order No. 209 placed the Civil Aeronautics Administrationunder the administrative supervision and control of the Department of Public Works,Transportation and Communications.

On January 20, 1975, Letter of Instruction No. 244 transferred to the Department of PublicHighways the responsibilities relative to airport plans, designs, construction, improvement,maintenance and site acquisition. Responsibilities related to location, planning, design andfunding were later returned to the CAA.

On July 23, 1979, Executive Order No. 546, the CAA was renamed the Bureau of AirTransportation (BAT) and placed under the Ministry of Transportation and Communications.

On April 4, 1987, Executive Order No. 125 renamed the Bureau of Air Transportation theAir Transportation Office headed by the Assistant Secretary of Air Transportation.

Services Offered:

Establish and prescribe rules and regulations for the inspection and registration of allaircraft owned and operated in the Philippines and all air facilities;

Establish and prescribe the corresponding rules and regulations for the enforcement of laws governing air transportation;

Determine, fix and/or prescribe charges and/or rates pertinent to the operation of publicair utility facilities and services;

Administer and operate the Civil Aviation Training Center (CATC); Operate and maintain national airports, air navigation and other similar facilities in

compliance to ICAO; Perform such other powers and functions as may be prescribed by law.


To effectively implement the civil aviation regulatory, supervisory and administrativemandates of the Director General under this Act, a permanent office within the Authority to beknown as the

Enforcement and Legal Service, to be composed of in-house counsels of the Authority andits necessary support staff shall be established by the Board.
http://en.wikipilipinas.org/index.php?title=Republic_Acts_of_the_Philippineshttp://en.wikipilipinas.org/index.php?title=Philippineshttp://en.wikipilipinas.org/index.php?title=Philippineshttp://en.wikipilipinas.org/index.php?title=Republic_Acts_of_the_Philippines


28/85


28

This office shall provide adequate legal assistance and support to the Director General andto the Authority, as a whole, in the exercise of quasi-legislative and quasi-judicial power asprovided for under this Act.

Under Section 27 Orders.

(a) Effectiveness of Orders - Except in emergency situations, all orders, rules and regulations of the Director General shall take effect within such reasonable times as the Director General mayprescribe, and shall continue in force until a further order, rule or regulation, or for a specifiedperiod of time, as shall be prescribed in the order, rule or regulation.

(b) Emergencies - Whenever the Director General is of the opinion that an emergency requiringimmediate action exists with respect to safety in civil aviation, the Director General shall have thepower, either upon complaint or the Director General's initiative without complaint, at once, if

the Director General so orders, without answer or other form of pleading by the interestedperson or persons, and with or without notice, hearing, or the making or filing of a report, tomake such just and reasonable orders, rules or regulations as may be essential in the interest of safety in civil aviation to meet such emergency such order, rule or regulation.

(c) Suspension and Modification of Orders - The Director General shall have the power to suspendor modify orders upon such notice and in such manner as the Director General shall find proper.

(d) Public Compliance - It shall be the duty of every person (along with any agents and employeesthereof in the case of entities other than individuals), subject to this Act, to observe and complywith any order, rule, regulation, or certificate issued by the Director General under this Act,affecting such person so long as the same shall remain in effect.

Who may File: A person violated by the rights of the ATO


29/85


29

CIVIL AERONAUTICS BOARD

Location: CAB Building, Old MIA Road Pasay City 1300

The Civil Aeronautics Board (CAB) is the agency of the government mandated to regulatethe economic aspect of air transportation, and shall have the general supervision, control and jurisdiction over air carriers, general sales agents, cargo sales agents, and air freight forwarders aswell as their property, property rights, equipment, facilities, and franchise (R.A. No. 776, as

amended by P.D. 1462).

CAB is an attached agency of the Department of Transportation and Communications(DOTC). In the exercise of its regulatory powers, it is authorized to issue Certificates of PublicConvenience and Necessity (CPCN) to domestic carriers, Foreign Air Carrier's Permit (FACP) toforeign carriers, and Letters of Authority to airfreight forwarders, general sales agents, cargosales agents who are fit, willing, and able to perform services as required by public convenienceand necessity. CAB likewise performs quasi-judicial functions.

What are the Permits Issued by the CAB?

I. Certificate of Public Convenience and Necessity (CPCN) is a permit issued by the Boardauthorizing a domestic person or entity (60/40 equity) to engage in international and/ordomestic, scheduled and/or non-scheduled air transportation services. A grantee of aCPCN may operate even without a legislative franchise.

II. Foreign Air Carriers Permit (FACP) is a permit issued by the Board, and approved by thePresident of the Philippines, authorizing a foreign air carrier to engage in foreign airtransportation services.

III. Letter of Authority - is an approval issued by the CAB authorizing a person or entity to

engage in airfreight forwarder, general sales agent, cargo sales agent and off-line carrier.It is signed by the Executive Director subject to the ratification of the Board on itsscheduled meeting.

Services Offered:

It is authorized to issue Certificates of Public Convenience and Necessity (CPCN) to domesticcarriers, Foreign Air Carrier's Permit (FACP) to foreign carriers, and Letters of Authority to airfreight


30/85


30

forwarders, general sales agents, cargo sales agents who are fit, willing, and able to perform services asrequired by public convenience and necessity. CAB likewise performs quasi-judicial functions.


Section 7. Filing of documents

(a) Filing address, date of filing. Documents required by any section of this chapter to be filed with theBoard shall be filed with the Secretary of the Civil Aeronautics Board, Manila, Philippines. Such documentsshall be deemed to be filed on the date on which they are actually received by theSecretary of the Board.

(b) Formal specifications of documents.

(1) All documents filed under this Chapter shall be on strong, durable paper not larger than 81/2 by14 inches in size except that tables, charts and other documents may be larger, folded to the size of thedocument to which they are attached. The left margin shall be at least 11/2 inches wide, and if thedocument is bound, it shall be bound on the left side.

(2) Papers may be reproduced by printing or by any other process, provided the copies are clear and legible. Appropriate notes or other indications shall be used, so that the existence of any matter shownin color will be accurately indicated on photostatic copies.

(c) Number of copies. Unless otherwise specified, an executed original and nine (9) true copies of eachdocument required or permitted to be filed under these rules shall e filed with the CAB and such additionalnumber of copies as the Board may require. The copies need not be signed but the name of the personsigning the original shall be reproduced.

Section 8. General requirements as to documents .

(a) Contents. In case there is no rule, regulation or order of the Board which prescribed the contents of the

formal application, complaint, petition or motion, such document shall contain a proper identification of theparties concerned, a reference to the provision of the statute and regulation under which the document isfiled, and a concise but complete statement of the fact relied upon and the relief sought.

(b) Subscription. Every application, petition, complaint, motion or other document filed in a proceeding shallbe signed by the party filing the same, or by a duly authorized officer or the attorney-at-law of record of suchparty, or by any other person. Provided, that if signed by some other persons, the reason therefore must bestated and the power of attorney or other authority authorizing such other person to subscribe the documentmust be filed with the document. The signature of the person signing the document constitutes acertification that he has read the document; that to the best of his knowledge, information and belief everystatement contained in the instrument is true and no such statements are misleading; and that it is notinterposed for delay.

(c) Designation of person to receive service. The initial document filed by any person in any proceedingshall state on the first page thereof the name and post office address of the person or persons who may beserved with any document filed in the proceeding.

Section 9. Amendment of documents and dismissal .

If any document initiating, or filed in a proceeding is not in substantial conformity with the applicablerules or regulations of the Board as to the contents thereof, or is otherwise insufficient, the Board, on ownmotion, or on motion of any party, may strike or dismiss such documents, or require amendment. If amended, the document shall be made effective


31/85


31

as of the date of original filing.

Section 28. Hearings .

(a) Notice. The Examiner to whom the case is assigned or the Board shall give the parties reasonablenotice of a hearing or of the change in the date and place of a hearing and the nature of such hearing.

(b) Evidence. Evidence presented at the hearing shall be limited to material evidence relevant to the issuesas drawn by the pleadings or as defined in the report of pre-hearing conference, subject to such later modifications of the issues as may be necessary to protect the public interest or to prevent injustice andshall not be unduly repetitious. Evidence shall be presented in written form by all parties wherever feasible,as the Examiner may direct.

(c) Objections to evidence. Objections to the admission or exclusion of evidence shall in short form, statingthe grounds of objections relied upon, and the transcript shall not include argument or debate thereonexcept as ordered by the Examiner. Rulings on such objection shall be a part of the transcript.

(d) Exceptions. Formal exceptions to the rulings of the Examiner made during the course of the hearing are

unnecessary. For all purposes for which an exception otherwise would be taken, it is sufficient that a party,at the time of the ruling of the Examiner of the examiner is made or sought, makes known the action hedesires the Examiner to take or his objection to an action taken, and his grounds therefore.

(e) Offers of Proof. Any offer of proof made in connection with an objection taken to any ruling of theExaminer rejecting or excluding preferred oral testimony shall consist of a statement of the substance of theevidence which counsel contends would be adduced by such testimony, and if the excluded evidenceconsist of evidence in documentary or written form or of reference to document or records a copyof such evidence shall be marked for identification and shall constitute the offer of proof.

(f) Exhibits. When written exhibits are offered in evidence, the copy must be furnished to each of the partiesat the hearing and two copies to the Examiner, unless the parties previously have been furnished withcopies or the Examiner directs otherwise. If the Examiner has not fixed a time for the exchange of exhibits,

the parties shall exchange copies of exhibits at the earliest practicable time, preferably before the hearingor, at the latest, at the commencement of the hearing.

(g) Substitution of copies for original exhibits. In his discretion, the Examiner may permit a party to withdraworiginal documents offered in evidence and substitute true copies in lieu thereof.

(h) Designation of parts of documents. When relevant and material matter offered in evidence by any partyis embraced in a book, paper, or document containing other matter not material or relevant, the partyoffering the same shall plainly designate the matter so offered. The immaterial and irrelevant parts shall beexcluded and shall be segregated insofar as practicable. If the volume of immaterial or irrelevant matter would unduly encumber the record, such book, paper or document will not be received inevidence, but may be marked for identification, and if properly authenticated, the relevant or material matter may be read into the record, or, if the examiner so directs, a true copy of such matter, in proper form, shallbe received as an exhibit, and like copies delivered by the party offering the same to opposing parties or their attorney appearing at the hearing, who shall be afforded an opportunity to examine the book, paper, or document, and to offer in evidence in like manner other portions thereof.portion shall be presented for the record in the form of an exhibit unless:

(1) The portion is specified with particularity in such manner as to be readily identified; and

(2) The party offering the same agrees unconditionally to supply such copies later, or when required by theBoard; and


32/85


32

(3) The parties represented at the hearing stipulate upon the record that reference, and that such portionmay be incorporated by reference, and that any portion offered by any other party may beincorporated by like reference upon compliance with subparagraphs (1) and (2) of this paragraph; and

(4) The Examiner directs such incorporation or waives the above requirement with the consent of theparties.

(j) Receipt of documents after hearing. No document or other writings shall be accepted for the record after the close of the hearings except in accordance with an agreement of the parties and the consent of theExaminer.

(k) Transcript of hearings. Hearings shall be recorded and transcribed by a reporter of the Board under supervision of the Examiner. Copies of the transcript shall be supplied to the parties to the proceeding bythe reporter at rates not to exceed the maximum rates fixed by the Board.

(1) Corrections to transcript. Changes in the official transcript may be made only when they involve errorsaffecting substance. A motion to correct a transcript shall be filed with the Secretary of the Board within ten(10) days after receipt of the completed transcript by the Board. If no objections to the motion are filed

within ten (10) days thereafter, the transcript may, upon the approval of the examiner, be changed to reflectsuch corrections. Of objections are received, the motion and objections shall be submitted to the officialreported by the Examiner together with a request for a comparison of the transcript with the stenographicrecord of the hearing. After receipt of the report of the official reporter, an order shall e entered by the

Who may File:

A person who has a statutory right to be made a party shall be permitted to intervene therein.

What is the Objective of E.O. No. 29?

The objective of E.O. 29 is to attract operators and encourage direct services to our

development routes. While an outright bilateral exchange of rights is the more procedural andconventional way by which to trade traffic rights, EO 29 offers a more flexible, immediatelyavailable and more pro-active option by which to attract operators and develop air services,without the burden of initially growing through the rigors of bilateral negotiations outright. Inaccordance with the mandate of EO 29 for the CAB to adopt EO 29's Implementing Rules andRegulations (IRR) within thirty days upon its effectivity, the CAB adopted EO 29's IRR during itsmeeting on May 02, 2011, after public consultations with aviation stakeholders.

What is covered by E.O. No. 29?

E.O. No. 29 covers all development airports or gateways that are outside Manila.Therefore, the Ninoy Aquino International Airport, which includes all of its terminals, is notincluded or covered by the said E.O.

Why is NAIA not Covered?

It is not covered because NAIA is already severely congested and practically bursting inthe seams. In fact, more than eighty percent of international traffic to and from the Philippines is


33/85


33

severed by NAIA. The congestion and overconcentration of international traffic in Manila isunderscored by the fact that most of our tourist destinations which are outside Manila, can bemore conveniently accessed through our alternative gateways. It is therefore imperative topromote the development and viability of international services to and from our developmentalgateways, like Cebu, Clark, Davao, Laoag, Puerto Princesa, Zamboanga, Kalibo, Cagayan de Oro,Iloilo, and other development gateways.

What are the Salient Features of E.O. No. 29?

The salient features of EO 29 are the following:

- Section 2. In the negotiation of the ASAs, the Philippine Air Panels may offer andpromote third, fourth and fifth freedom to the country's airports other than the NinoyAquino International Airport, without restriction as to frequency, capacity and type of

aircraft, and other arrangements that will serve the national interest as may bedetermined by the CAB.

- Section 3. Notwithstanding the provisions of the relevant ASAs, the CAB may grant anyforeign air carriers increases in frequencies and/or capacities in the country's airportsother than NAIA, subject to the conditions required by the existing laws, rules andregulations. All grants of frequencies and/or capacities shall be subject to the approval of the President and shall operate as a waiver by the Philippines of the restrictions onfrequencies and capacities under the relevant ASAs.

- Section 4. The CAB may impose a period or other conditions on the availment orutilization by foreign air carriers of such additional frequencies and/or capacities and mayrevoke the waiver granted to them if they fail to comply with said conditions.


34/85


34

MARITIME INDUSTRY AUTHORITY

Location: Parkview Plaza 984 Taft Avenue cor T.M. Ext. St., Ermita Manila

Mandates:

P.D. 474

Adopt and implement a practicable and coordinated Maritime Industry DevelopmentProgram (MIDP)

Provide and help provide the necessary:

Financial assistance to the industry thru public/private financial institutions& instrumentalities;

Technological assistance; and Favorable climate for expansion of domestic and foreign investments in

shipping enterprises

Provide for the effective supervision, regulation and rationalization of the organizationalmanagement, ownership and operations of all water transport utilities and othermaritime enterprises.

E.O. 1011

MARINA assumed the Quasi-Judicial Functions of the Board of Transportation (BOT) overdomestic water transport services.

E.O. 125 125 A

Develop and formulate plans, policies, programs projects, standards, specifications andguidelines geared toward the promotion and development of the maritime industry, thegrowth and effective regulation of shipping enterprises and for the national securityobjectives of the country;


35/85


35

Establish, prescribe and regulate routes, zones and/or areas of operation of particularoperators of public water services;

Issue Certificates of Public Convenience for the operation of domestic and overseas watercarriers;

Register vessels as well as issue certificates, licenses or document necessary or incidentthereto;

Undertake the safety regulatory functions pertaining to vessel construction and operationincluding the determination or manning levels and issuance of certificates of competencyto seamen;

Enforce laws, prescribe and enforce rules and regulations, including penalties forviolations thereof, governing water transportation and the Philippine merchant marine,and deputize the Philippine Coast Guard and other law enforcement agencies toeffectively discharge these functions;

Undertake the issuance of license to qualified seamen and harbor, bay and river pilots;

Determine, fix and/or prescribe charges and/or rates pertinent to the operation of publicwater transport utilities, facilities and services except in cases where charges or rates areestablished by international bodies or associations of which the Philippines is aparticipating member or by bodies or associations recognized by the Philippine

Government as the proper arbiter of such charges or rates;

Accredit marine surveyors and maritime enterprises engaged in shipbuilding, ship repair,ship breaking, domestic and overseas shipping, ship management and agency;

Issue continuous discharge book of Filipino seamen

R.A. 9295

Register vessels;

Issue certificates of public convenience, or any extensions or any extensions oramendments thereto, authorizing the operation of all kinds, classes and types of vessels indomestic shipping: Provided, That no such certificate shall be valid for a period of morethan twenty-five (25) years;


36/85


36

Require any domestic ship operator to provide shipping services to any coastal area,island or region in the country where such services are necessary for the development of the area, to meet emergency sealift requirements, or when public interest so requires;

Set safety standards for vessels in accordance with applicable conventions andregulations;

Inspect all vessels to ensure and enforce compliance with safety standards and otherregulations;

Inspect all vessels to ensure and enforce compliance with safety standards and otherregulations;

Ensure that all domestic ship operators shall have the financial capacity to provide andsustain safe, reliable, efficient and economic passenger or cargo service, or both;

Adopt and enforce such rules and regulations which will ensure compliance by everydomestic ship operator with required safety standards and other rules and regulations onvessel safety;

Adopt such rules and regulations which ensure the reasonable stability of passengers andfreight rates and, if necessary, to intervene in order to protect public interest; and

Investigate any complaint made in writing against any domestic ship operator, or anyshipper, or any group of shippers regarding any matter involving violations of the

provisions of this Act.

Vital / Core Functions and Sectoral Coverages:

Promotional & Developmental Functions

Formulates and adopts plans, programs, policies, rules and regulations for the promotionand development of the Philippine maritime industry;

Promotes the competitiveness of the Philippine maritime industry in the local and globalmarket;

Promotes and facilitates investment opportunities in the maritime industry;

Implements and enforces international conventions and national maritime laws, rules andregulations and standards on safety, security, training, service, among others;


37/85


37

Provides effective, transparent and efficient delivery of public service that includes, butnot limited to, further streamlining of application procedures and requirements,rationalized standard processing time, and formulation, adoption and implementation of an information technology strategy pursuant to the e-commerce law.

Supervisory/Regulatory Functions:

Controls, regulates and supervises Philippine-registered overseas and domestic ships,maritime manpower, shipyards and other maritime entities through theevaluation/processing of applications covering the four (4) major maritime sectors,namely:

Domestic shipping sector, including maritime safety, Overseas shipping sector,

Maritime manpower sector and Shipbuilding and ship repair sector.


38/85


38

LAND TRANSPORTATION OFFICE

Location: LTO Main Compound, East Avenue Diliman Quezon City

Vision:

The LTO envisions a well-developed transportation system that will play a vital role in improving

the quality of life of the Filipino people, particularly in providing a more viable means of landtransport and a secured travel for transport users and commuters.

Mission:

To rationalize the land transportation service and facilities and to implement effectively thevarious transportation laws, rules and regulations.

Mandate & Main Functions

1. Inspection and Registration of Motor Vehicles2. Issuance of Licenses and Permits3. Enforcement of Land Transportation Rules and Regulations4. Adjudication of Traffic Cases5. Collection of Revenues for the Government

Services:

License-Related Transactions

New License Application

Student's Permit Non-Professional License Professional License Conductor's License


39/85


39

License Renewal

All Types Of Licenses

Change Classification

Non-Professional To Professional Professional To Non-Professional

Add Restriction Code (ARC)

ARC 1 - Motorcycle / Motorized ARC 2 - Vehicles up to 4500 kgs GVW ARC 3 - Vehicles above 4500 kgs GVW ARC 4 - Automatic Clutch up to 4500 kgs GVW ARC 5 - Automatic Clutch above 4500 kgs GVW ARC 6 - Articulated 1600 GVW below ARC 7 - Articulated 1600 to 4500 GVW ARC 8 - Articulated 4501 GVW above

Duplicate License

Lost Student Permit Lost Driver's License

Mutilated License

License Certification

Requested By A Government Agency Requested By An Individual Requested For Abroad Purposes

Revision of Records

Marital Status Incorrect Name / Birth Date Citizenship Change In Name Change In Address


40/85


40

Delinquent License

Non-Professional License (more than 2 years to 10 years expired) Professional License (more than 2 years to 10 years expired) Conductor's License (more than 2 years expired


41/85


41

LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD

Location: East Avenue, Diliman, Quezon City 1100

Powers and Functions of the Land Transportation Franchising and Regulatory Board:

The Board shall have the following powers and functions: To prescribe and regulate routes of service, economically viable capacities and zones or

areas of operation of public land transportation services provided by motorized vehiclesin accordance with the public land transportation development plans and programsapproved by the Department of Transportation and Communications;

To issue, amend, revise, suspend or cancel Certificates of Public Convenience or permitsauthorizing the operation of public land transportation services provided by motorizedvehicles, and to prescribe the appropriate terms and conditions therefore;

To determine, prescribe and approve and periodically review and adjust, reasonablefares, rates and other related charges, relative to the operation of public land

transportation services provided by motorized vehicles;

To issue preliminary or permanent injunction, whether prohibitory or mandatory, in allcases in which it has jurisdiction, and in which cases the pertinent provisions of the Rulesof Court shall apply;

To punish for contempt of the Board, both direct and indirect, in accordance with thepertinent provisions of, and the penalties prescribed by, the Rules of Court;

To issue subpoena and subpoena duces tecum and summon witnesses to appear in any

proceedings of the Board, to administer oaths and affirmations;

To conduct investigations and hearings of complaints for violation of the public servicelaws on land transportation and of the Board's rules and regulations, orders, decisionsand/or rulings and to impose fines and/or penalties for such violations;

To review motu proprio the decisions/actions of the Regional Franchising and RegulatoryOffice herein created;


42/85


42

To promulgate rules and regulations governing proceedings before the Board and theRegional Franchising and Regulatory Office: Provided, That except with respect toparagraphs d, e, f and g hereof, the rules of procedure and evidence prevailing in thecourts of laws should not be controlling and it is the spirit and intention of said rules thatthe Board and the Regional Franchising and Regulatory Offices shall use every and allreasonable means to ascertain facts in its case speedily and objectively and withoutregard to technicalities of law and procedures, all in the interest of due process;

To fix, impose and collect, and periodically review and adjust, reasonable fees and otherrelated charges for services rendered;

To formulate, promulgate, administer, implement and enforce rules and regulations onland transportation public utilities, standards of measurements and/or design, and rules

and regulations requiring operators of any public land transportation service to equip,install and provide in their utilities and in their stations such devices, equipment facilitiesand operating procedures and techniques as may promote safety, protection, comfortand convenience to persons and property in their charges as well as the safety of persons and property within their areas of operations;

To coordinate and cooperate with other government agencies and entities concernedwith any aspect involving public land transportation services with the end in view of effecting continuing improvement of such services; and

To perform such other functions and duties as may be provided?? by law, or as may benecessary, or proper or incidental to the purposes and objectives of this Executive Order.


43/85


43

PHILIPPINE COAST GUARD

Location: Headquarters Philippine Coast Guard 139 25th Street, Port Area 1018 Manila

Mission:

The mission of the Philippine Coast Guard is to promote safety of life and property at sea;

safeguard the marine environment and resources; enforce all applicable maritime laws; andundertake other activities in support of the mission of the Department of Transportation andCommunications (DOTC).

Functions: (R.A. 9993)

To accomplish this mission, the PCG performs various activities categorized under Five (5)function areas namely:

1. Maritime Safety Administration (MARSAD) includes among others, the enforcement of

vessel safety regulations, port state control, investigation of maritime incidents/accidents,operation and maintenance of aids to navigation, administration of the removal of sunkenderilects and other hazards to navigation, establishment and enforcement of navigationalsea lanes, regulation of the construction of bridges and other structures on waters subjectto the jurisdiction of the Philippines, and assistance to the Maritime Training Council(MTC) and the Commission on Higher Education (CHED) in the administration of maritimeeducation and training.

2. Maritime Search and Rescue (MARSAR) covers the establishment, operation andmaintenance of search and rescue (SAR) equipment and facilities, monitoring andguarding of distress frequencies, obtaining information on maritime safety and distressincidents and prompt dissemination of same to all units capable of rendering assistance,and the actual conduct of SAR and disaster response operations.

3. Marine Environmental Protection (MAREP) includes but is not limited to the prevention,mitigation and control of marine pollution through the conduct of marine pollutionmonitoring, scientific research and control operations, environmental rehabilitation andenhancement of PCG capability to respond to oil spills and other types of marine


44/85


44

pollution. This function likewise covers the enforcement of marine environmental laws,rules and regulations and participation in international, national and local integratedcoastal resource management initiatives.

4. Maritime Law Enforcement (MARLEN) refer to the enforcement of all applicable laws,rules and regulations pertinent to maritime shipping, customs, immigration, quarantine,fisheries and such other areas of national interest upon request of appropriate authoritiesor through deputation by other government agencies.

5. Maritime Security (MARSEC) operations and activities directed to ensure that thecountrys marine assets, maritime practices, territorial integri ty and coastal peace andorder are protected, conserved and enhanced in accordance with the National MarinePolicy. Specifically, the following are to be addressed; a) promote and enhance maritimesecurity as a key component of national security; b) provide a stable and peaceful socio-

political and administrative environment in the country that fosters sustained profitabilityand growth for maritime industries; c) protect and defend the integrity of the Philippinesmarine resources; d) ensure preparedness for an effective response to natural calamitiesand man-made disaster; and e) provide leadership and guidance in the proper andeffective collection, processing and distribution of strategic information supportive of theNational Marine Policy.

1605- Procedure of Investigation

1. Investigation, how initiated. Administrative investigation may be commenced by:a. The Commandant, motu propio;b. Sworn complainant of any person, if after preliminary inquiry, a prima facie casehas been established;c. Inspection/apprehension report accomplished by PN or Philippine Coast Guardunits; andd. By filing of marine protest.

2. Right to be represented by counsel; evidence. In all investigation, the partylitigants shall be given opportunity to present their case or defense personally orthrough counsel, and to present all witnesses and evidence as they may desireexcept that the proper investigating body should have the discretion to overrule

unreasonable motion regarding the presentation of evidence which are clearlydilatory.

3. Notice of Hearing. The parties and their witness shall be notified by subpoena of the scheduled hearing at least five (5) days before the date thereof, specifying thetime, date and place of hearing.


45/85


45

4. Order of Hearing. Unless the proper hearing body directs otherwise, the order of hearing shall be as follows:

- The complainant or the Coast Guard shall first introduce the evidence.- The respondent or adverse party shall then present evidence in support of

his defense.- When the presentation of evidence has been concluded and formal offer of

the same has been made, the parties may be required to submit theirrespective memoranda within a reasonable time.

5. Order of Examination. The order in which a witness maybe examined is asfollows:- Direct examination by the proponent;- Cross examination by the opponent;

- Re-direct examination by the proponent;- Re-cross examination by the opponent.

6. Objections. All objections or interlocutory questions that arise during theproceedings shall be resolved by the chairman of the Board concerned or by theHearing Officer, as the case may be.

7. Not bound by strict rules of evidence. The proceedings of aforestated hearingbodies shall not be found by the strict rules of evidence but the Rules of Court maybe applied by analogy or a suppletory character, and whenever practical andconvenient.

8. Employment of Stenographer. The proper hearing body shall see to it that notesof the testimony of the witnesses or a summary thereof are taken, and togetherwith the documentary evidence presented shall constitute the record of the case.The employment of a stenographer is optional except when in the opinion of theBoard or Hearing Officer, the nature of the case requires the availability of one.


46/85


46

BUREAU OF TRADE REGULATION AND CONSUMER PROTECTIONS(Under the Department of Trade and Industry)

Location: 2/F Trade and Industry Bldg. 361 Sen. Gil J. Puyat Ave., Makati City

The BTRCP functions as a policy-making body and oversees the overall implementation of trade and consumer protection laws. It renders the following services through its three divisions:


47/85


47

Fair Trade Division

Enforcement and regulatory

Monitors/strengthens ROG enforcement of fair trade and other related laws- Executive Order (EO) No. 259- Consumer Act- Price Act- Foreign Investment Act of 1991- Price Tag Law

Reviews and formulates policies/guidelines on enforcement and domestic trade andconsumer related laws/concerns

Policy research and review

Formulates programs and policies on fair trade laws and other related provisions Prepares position papers and monitors senate/congress bills and resolutions

Consultancy and technical services

Provides legal/technical consultancy to DTI ROG, non-government organizations (NGO),and other DTI clients

Conducts regional consultancy on enforcement Conducts training/Seminar for regional/provincial offices

Consumer Welfare Division

Provides ample protection to consumers thru tri-media consumer education andinformation dissemination program

Releases information materials such as Consumer Alerts, Consumer Tips, flyers, calendar,film and press releases

Provides mechanism for the speedy resolution of consumer complaints Prepares guidelines in the development and strengthening of consumer organizations Maintains consumer hotline including the maintenance of the i-reklamo system

Business Regulatory Division

Provides system and standards in the accreditation of service and repair enterprises andlicenses and permits for realty service, fire extinguisher, and bonded warehouse

Verifies and approves business names (BNs) nationwide for provinces without on -linelinkages


48/85

Aquino, Bam