QuestionsQuestions (MEMORANDUM ORDER NO. 116)
Memorandum Order No. 116 encourages and directs the voluntary conversion of Tricycle Operators and Drivers Associations (TODAs) into transport service cooperatives to help them qualify for government programs for poor and marginalized sectors, and to promote self-reliance and social justice in light of livelihood concerns under the Clean Air Act.
The targeted sector is tricycle operators and drivers, particularly their associations known as Tricycle Operators and Drivers Associations (TODAs), which are urged to convert into transport service cooperatives.
The Clean Air Act’s implementation allegedly affects tricycle workers and creates fear that they may lose their livelihood; thus the MO seeks conversion into cooperatives as a means to secure assistance and livelihood alternatives.
During a rally in Cuneta Astrodome on Jan. 3, 2003, government assistance was sought for TODAs to establish cooperatives, including the ability to put up gasoline stations—supporting the MO’s conversion objective.
Because conversion is said to make them eligible for various government projects/programs intended primarily for poor and marginalized sectors.
The Department of Transportation and Communications (DOTC) through its Office of Cooperatives (OTC) is designated as the lead agency.
They must coordinate closely with the Department of the Interior and Local Government (DILG) through the Bureau of Local Government Development (BLGD).
They must include in their regular plans and programs the conversion of tricycle associations into transport service cooperatives.
DOTC/OTC is authorized to call upon any department, bureau, or office for assistance needed to perform and attain the objectives of the order.
Private sector collaboration is enjoined, particularly the National Union of Transportation Cooperatives and the National Federation of Tricycle Operators and Drivers Associations.
Executive Order No. 898 (series of 1983) is cited as mandating the Office of Transportation Cooperatives (OTC) to promote the growth and development of transportation cooperatives as a vehicle to uplift the socio-economic condition of transport industry workers, particularly drivers.
DILG Memorandum Circular No. 2002-35 (March 7, 2002) is mentioned as related to converting tricycle associations into transport service cooperatives for KPPS project concerns.
It shall take effect immediately upon issuance.
The phrase indicates the President acted under authority conferred by law. Students should examine the enabling statutes/constitutional delegations for the President’s power to issue executive orders/memorandum orders and identify how this MO functions as executive direction.
Students should consider whether “voluntary” affects enforceability or whether the agencies’ role is to facilitate incentives and programs rather than compel conversion, and how that interacts with regulatory requirements for transport operations and cooperative registration.