QuestionsQuestions (PFDA EXCOM Resolution NO. 98074)
The resolution states that by virtue of PFDA’s charter, PFDA is mandated to operate, manage, and administer the General Santos Fish Port Complex (GSFPC) upon completion and consequent transfer to PFDA by the Project Management Office–Fishing Ports.
The Project Management Office–Fishing Ports (PMO) constructed the GSFPC, and upon completion, the port would be transferred to PFDA, which then administers and operates it.
It approved and confirmed the proposed rates, fees, and charges for the General Santos Fish Port Complex (GSFPC), with an exception for fees related to transshipment activities.
It indicates that GSFPC management presented the schedule of rates and fees used since 31 March 1998, and these were the basis for the proposed rates submitted for approval.
The resolution states that the rates and fees were discussed with the private sector in a series of public hearings since the port started operations in March 1998, supporting reasonableness and fairness of the charges.
The Operations Management Department made the recommendation on 14 December 1998 for approval of the rates, fees, and charges—except those related to transshipment activities.
The Acting General Manager favorably endorsed the proposed rates, fees, and charges based on the Operations Management Department’s recommendation, except for transshipment-related fees requiring further studies.
The resolution says the transshipment-related fees require further studies, and therefore the EXCOM approved the proposed rates except those related to transshipment activities.
It states the Executive Committee deemed it reasonable and fair to adopt fees and charges for use of the GSFPC harbor, market, refrigeration, and other facilities.
It relies on the practice in other fish port complexes and the fact that the rates/fees were discussed with the private sector in public hearings.
GSFPC started operations in March 1998; the schedule of rates/fees had been used since 31 March 1998; approval was adopted on 22 December 1998; memoranda were dated 20 November 1998 and 15 December 1998.
It is signed by (SGD.) MA. LUISA B. SORIANO, Corporate Board Secretary.
It states “Unanimously approved,” implying that all members of the Executive Committee approved the resolution.
The resolution highlights public hearings with the private sector and management endorsements/recommendations, showing consultation and internal procedural review before EXCOM approval.
The WHEREAS clauses lay out factual bases and authority (mandate, construction/transfer, consultation, endorsements), while the NOW THEREFORE clause sets the operative decision (approval/confirmation with an exception).
It indicates EXCOM’s formal action to adopt the proposed rates as official charges for GSFPC, binding for operations and charging—except transshipment-related fees which are deferred.
It reflects the idea of sound discretion and administrative reasonableness—ensuring that rates tied to uncertain or complex matters (transshipment) are not finalized until substantiated.