Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 857)
The title is the Revised Charter of the Philippine Ports Authority created under Presidential Decree No. 505 dated July 11, 1974.
The State implements an integrated program for the planning, development, financing, and operation of Ports or Port Districts across the country to optimize port functions and promote regional development.
A Port District is the territorial jurisdiction under the control, supervision, or ownership of the Philippine Ports Authority over a defined area, which includes any port within said district.
The Board includes the Secretary of Public Works, Transportation and Communications as Chairman, the General Manager as Vice-Chairman, Directors from NEDA, Finance, Natural Resources, Trade, and one private sector representative appointed by the President.
The Authority can sue and be sued, enter contracts, acquire and dispose of properties, exercise eminent domain, levy dues and charges, dredge port areas, and perform acts necessary to fulfill its objectives.
There shall be no more than three Assistant General Managers.
The authorized capital is three billion pesos, with an initial paid-up capital including transferred government assets and an initial cash appropriation of two million pesos.
The Authority may distrain or arrest the vessel and its equipment and detain them until payment is made.
No, the Authority is exempt from real property taxes imposed by the Philippines or its political subdivisions, except no exemptions apply to its subsidiaries.
Violators face imprisonment from one day to six years and fines from 200 to 100,000 pesos. Government officials may also be perpetually disqualified from public office, and aliens may be deported after serving sentence and paying fines.
The Authority can make rules and regulations for the planning, development, maintenance, management, and good order of Ports or Port Districts, including for dangerous cargo conveyance and pilotage management.
The Bureau of Public Works acts as the executing agency of the Authority, with some exceptions for small projects or where no qualified bidders exist.
They are transferred to the Philippine Ports Authority, including tangible and intangible assets, liabilities related thereto, and ongoing projects will continue until completion and then transferred.
Any disagreements are elevated to the President of the Philippines for decision.
Qualified officials and employees may be absorbed by the Authority based on merit and fitness; those not qualified shall be retained by their previous offices or be separated with benefits as provided by law.