Title
Creation of Public Works and Transp. Ministries
Law
Executive Order No. 546
Decision Date
Jul 23, 1979
Executive Order No. 546 creates the Ministries of Public Works and Transportation and Communications in the Philippines, assigning them the responsibilities of constructing and maintaining public works facilities, promoting and regulating transportation and communication systems, and repealing conflicting laws or regulations.
A

Legal basis and governing authority

  • The President acts by virtue of powers vested in the Constitution and pursuant to authority vested by Presidential Decree No. 1416.
  • The reorganization framework is implemented through reference to the Integrated Reorganization Plan, including Part II and specified Articles/Chapters/Parts mentioned in the Order.

Creation of Public Works Ministry

  • Section 1 creates a Ministry of Public Works, which assumes public works functions of the Ministry of Public Works, Transportation and Communications and other functions assigned by law.
  • Section 2 vests authority and responsibility for the Ministry in the Minister of Public Works, assisted by one career Deputy Minister, unless otherwise determined by the President.
  • Section 3 makes the Ministry responsible for the construction, maintenance and repair of:
    • portworks, harbor facilities, lighthouses, navigational aids, shore protection works
    • airport buildings and associated facilities
    • public buildings and school buildings
    • monuments and other related structures
  • Section 3 further assigns to the Ministry the undertaking of harbor and river dredging works, reclamation of foreshore and swampland areas, water supply, and flood control and drainage works.
  • The Ministry’s functions are performed through a defined internal structure and regional offices under Section 4.

Public Works Ministry structure and supervision

  • Section 4 organizes the Ministry proper to include the Office of the Minister plus: Planning Service, Administrative Service, Financial and Management Service, Infrastructure Computer Center, Project Management Information System Service, Rural Infrastructure Project Office, and Building Research and Development Staff.
  • Section 4 establishes four bureaus: Bureau of Buildings, Bureau of Ports, Harbors and Reclamation, Bureau of Water Supply, and Bureau of Flood Control and Drainage, plus regional offices.
  • The Planning Service, Administrative Service, and Financial and Management Service perform functions conforming with those in appropriate provisions of Part II of the Integrated Reorganization Plan.
  • The bureaus absorb applicable functions of divisions of the Bureau of Public Works, which is abolished under Section 19.
  • Section 5 provides supervision lines: the Office of the Minister has direct line supervision over bureaus and regional offices; bureaus exercise functional supervision only; regional offices are the operating arms responsible for implementing Ministry plans and programs according to adopted policies, standards and guidelines.

Creation of Transportation and Communications Ministry

  • Section 6 creates a Ministry of Transportation and Communications as the primary policy, planning, programming, coordinating, implementing, regulating and administrative entity of the executive branch for the promotion, development, and regulation of a dependable and coordinated network of transportation and communication systems.
  • Section 6 requires the Ministry to pursue these objectives:
    • Promote a dependable and coordinated network of transportation systems.
    • Guide government and private investments for inter-modal transport and communication systems in a practical, expeditious, and orderly fashion for maximum safety, service, and cost effectiveness.
    • Impose measures so technical, economic, and other conditions for continuing economic viability are not jeopardized and do not encourage inefficiencies and distortion of traffic patronage.
    • Provide, extend, and operate telephone, telegraph, telex, and other public telecommunications services throughout the country whenever development activities warrant provision, provided that the national economic viability of the entire network or components is maintained at reasonable rates.
    • Develop an integrated nationwide transmission system meeting national and international telecommunications standards, including radio and television broadcast relaying, leased channel services, and data transmission.
    • Establish, operate, and maintain an international switching system for incoming and outgoing international telecommunications services.
    • Encourage development of a domestic telecommunications industry, coordinating concerned entities, especially manufacture of communications/electronics equipment and components supporting expansion, development, operation, and maintenance of the nationwide network.
    • Provide a safe, fast, reliable and efficient postal system.
  • Section 7 vests authority and responsibility in the Minister of Transportation and Communications, assisted by one career Deputy Minister, unless otherwise determined by the President.

Transportation and Communications functions and organization

  • Section 8 makes the Ministry responsible to:
    • Coordinate and supervise all Ministry activities relative to transportation and communications.
    • Formulate and recommend national policies and guidelines for an integrated and comprehensive system at national, regional, and local levels.
    • Establish and administer comprehensive and integrated programs; for this purpose, it may call on any agency, corporation, or organization, government or private, whose programs include transportation and communications as an integral part, to assist in preparation and implementation.
    • Regulate transportation and communications activities whenever necessary; prescribe and collect fees in exercising such power.
    • Assess, review, and provide direction to transportation and communications research and development programs of the government in coordination with other institutions.
    • Perform other functions necessary to carry out the Executive Order.
  • Section 9 structures the Ministry proper to include: Office of the Minister, Administrative Service, Financial and Management Service, Planning Service, plus four bureaus: Bureau of Land Transportation, Bureau of Air Transportation, Bureau of Telecommunications, and Bureau of Posts, and a National Telecommunications Commission.
  • Section 9 provides that the Administrative, Financial and Management, and Planning Services conform with Part II of the Integrated Reorganization Plan.
  • Section 9 provides that the Board of Transportation remains under administrative supervision of the Ministry and continues to exercise powers/functions entrusted to it by law, with a technical staff.
  • Section 10 renames the Land Transportation Commission to Bureau of Land Transportation, continuing regulatory and enforcement functions, including registration of public utility vehicles and enforcement of Board of Transportation decisions; the Director of Land Transportation is an ex-officio member of the Land Transportation Division of the Board of Transportation.
  • Section 11 renames the Civil Aeronautics Administration to Bureau of Air Transportation, continuing functions on promotion and development of policies, plans, programs, and standards for construction and maintenance of airports and facilities (including buildings and runways); repair and maintenance are the Bureau’s responsibility, while construction of runways and terminal buildings and related structures is done by the Ministry of Public Works or Ministry of Public Highways, at the instance of the Bureau; the Director is an ex-officio member of the Civil Aeronautics Board.
  • Section 12 keeps the Bureau of Posts responsible for a safe, fast, reliable and efficient postal service.
  • Section 13 keeps the Bureau of Telecommunications responsible for telecommunications facilities and services, including:
    • telephone systems for government offices
    • communications services to augment limited or inadequate existing private communication services
    • extending communications to areas with no services
    • assisting the private sector engaged in telecommunications by providing and maintaining backbone telecommunication networks.
  • Section 14 integrates the Board of Communications and the Telecommunications Control Bureau into a single entity called the National Telecommunications Commission.

National Telecommunications Commission powers and administration

  • Section 15 gives the National Telecommunications Commission these functions:
    • Issue Certificate of Public Convenience for operations of communications utilities and services, radio communications systems, wire or wireless telephone/telegraph systems, radio and television broadcasting systems, and other similar public utilities.
    • Establish, prescribe, and regulate operators’ areas of operation, and determine/prescribe charges or rates pertinent to the operation of public utility facilities and services, except where charges or rates are established by international bodies/associations where the Philippines is a participating member or by bodies recognized by the Philippine Government as the proper arbiter.
    • Grant permits for use of radio frequencies for wireless telephone/telegraph and radio communication systems, including amateur radio stations and radio and television broadcasting systems.
    • Sub-allocate series of frequencies of bands allocated by the International Telecommunications Union to specific services.
    • Establish and prescribe rules, regulations, standards, specifications related to Certificates of Public Convenience and administer and enforce them.
    • Coordinate and cooperate with concerned government agencies and entities to continuously improve communications service.
    • Promulgate rules and regulations needed for public safety and interest to encourage greater and more effective use of communications and broadcasting facilities, and to maintain effective competition among private entities whenever reasonably feasible as found by the Commission.
    • Supervise and inspect radio station and telecommunications facility operations.
    • Undertake examination and licensing of radio operators.
    • Register radio transmitters and transceivers whenever necessary.
    • Perform other functions as prescribed by law.
  • Section 16 provides the Commission’s composition: one Commissioner and two Deputy Commissioners, preferably one a lawyer and another an economist.
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