Title
Philippine Postal Corporation Act
Law
Republic Act No. 7354
Decision Date
Apr 3, 1992
The Postal Service Act of 1992 establishes the Philippine Postal Corporation and outlines its powers and responsibilities in providing postal services, including the collection, handling, transportation, delivery, and forwarding of mail throughout the Philippines.
A

Policy and Objectives

  • Postal delivery is a basic and strategic public utility provided by the State.
  • Duties include collection, sorting, storing, transport, and delivery with urgency, economy, reliability, and security.
  • Objectives include:
    • Economic, rapid transfer of mail respecting privacy.
    • Promote international postal cooperation.
    • Offer broad range postal services including philately, money and valuables transfer.
    • Ensure revenues cover costs and enable service upgrades.

Creation and Attachment

  • Creates Philippine Postal Corporation (the Corporation), attached to the Department of Transportation and Communications (DOTC) for policy coordination.

Responsibilities and Functions

  • Collection, handling, transport, forwarding, delivery, returning, and holding of mails nationwide and internationally.
  • Disposal of confiscated, undelivered, prohibited, or dead letters except banned substances.
  • Planning and operation of nationwide postal system ensuring availability at least ordinary mail service.

Powers of the Corporation

  • Charge and prescribe fees for postal services.
  • Establish post offices, stations, collection points accessible nationwide with operational economy.
  • Issue and sell postage stamps and related postal items.
  • Issue money orders or checks, authorize replacements.
  • Offer additional postal services non-compulsory and non-discriminatory; no unfair competition.
  • Adopt and implement rules and regulations to improve postal system.

Corporate Powers

  • Powers under Corporation Code:
    • Sue and be sued.
    • Enter contracts, manage accounts.
    • Acquire, hold, sell, lease property.
    • Construct, operate facilities.
    • Accept gifts, settle claims.
    • Adopt corporate seal.

Board of Directors

  • Seven members, initially presidentially appointed including Postmaster General.
  • Staggered initial terms; thereafter elected as per Corporation Law.
  • Board elects chairman; majority vote for acts.
  • Members compensated per meeting attended with limit on monthly total.
  • Members must avoid conflict of interest.

Capitalization

  • Authorized capital stock of P10 billion.
  • Class "A" shares fully subscribed by government, non-transferable to private.
  • Class "B" shares available to private entities.
  • Government subscription financed through unexpended appropriations, asset valuation, surplus income, and treasury appropriations.

Sources of Funds

  • Revenues from postal services including foreign receipts.
  • Grants, donations, asset sales, loans.
  • Investment income and capital/surplus drawings.

Management of Funds

  • Investments allowed in secure instruments as per Board guidelines.
  • Deposits in accredited banks.
  • Board designates authorized signatories.

Obligations and Borrowing

  • May contract loans, issue bonds limited to 50% net worth.
  • Foreign loans require Department of Finance concurrence.
  • Debt service capped at 20% of previous year’s revenue.
  • Obligations are Corporation liabilities unless government-guaranteed.
  • Bond issuance requires National Treasurer approval.

Annual Budget

  • Corporation prepares income, expenditure, and capital budgets annually.
  • Does not require congressional approval unless subsidy or guarantee from treasury is needed.
  • Supplementary budgets adopted as needed.

Tax Exemptions

  • Exempt from all taxes, customs duties, and fees on specific imported postal materials and equipment.
  • Interest and income from loans also tax-exempt.
  • Exempt from capital gains tax and local taxes after 1997.
  • May offset capital investments against income tax.

Annual Accounts and Audit

  • Maintains accounts under commercial accounting standards.
  • Publishes annual income and expenditure statements with balance sheet.
  • Records official business mail and foregone revenues from franked mail.
  • Commission on Audit audits accounts; Board may also hire external auditors.
  • Auditor submits annual and special reports to Board.

Annual Report

  • Board submits annual report to regulatory agencies and Congress detailing activities, operations, statistics, and productivity indicators.

Management and Personnel

  • Board may delegate authority to Postmaster General.
  • Board may form committees.
  • Postmaster General (CEO) assisted by Assistant Postmasters General.
  • Qualifications and appointment rules are set by ownership structure; President initially appoints Postmaster General.
  • Salary caps set relative to lowest regular employee salary.
  • Postmaster General powers include representation, contracting, staffing decisions, appointment/removal of personnel, delegation.
  • Corporation to establish merit-based human resource system with progressive compensation.
  • Civil Service Law applies to permanent officers/employees below Assistant Postmaster General if majority government-owned.
  • Temporary/casual workers exempt.
  • Strikes, slowdowns and work stoppages prohibited; unions allowed.
  • Personnel exempted from Compensation and Position Classification Office rules but system to conform with RA 6758.

Regulation of Postal Industry

  • DOTC holds exclusive regulatory authority, may delegate to National Telecommunications Commission.
  • Regulatory authority registers postal service providers (excluding freight forwarders).
  • Regulates and approves Corporation’s postal rates.
  • Authority empowered for investigations, searches, arrests, seizures of postal offenses.
  • Can issue search warrants and offer rewards.

Transitory Provisions

  • Postal Services Office abolished; powers, duties, assets, and liabilities transferred to Corporation.
  • Philippine National Bank to transfer Postal Savings Bank funds to Corporation.
  • Contracts and records transferred.
  • Incumbent Assistant Secretary continues as Postmaster General until successor appointed.
  • Employees absorbed based on merit; lay-offs entitled to gratuity and retirement benefits.
  • Laid-off employees to refund gratuity if rehired.

Appropriations

  • Appropriates unavailed Postal Services Office operating income to Corporation’s capital.
  • Appropriates P300 million for employee gratuity.

Savings Clause

  • Existing orders, permits, rules remain effective until amended.
  • Pending suits or causes of action continue with Corporation.

Miscellaneous Provisions

  • Corporation may reopen Postal Savings Bank under financial viability, avoids unfair competition with banks.
  • Establishes relations with Bureau of Customs for handling foreign parcels.
  • Local governments may contract use or operation of postal facilities.
  • Corporation’s liability for mail delivery limited by Universal Postal Union and international agreements.
  • Contains separability and repealing clauses.
  • Certain franking privileges repealed except specified.
  • Act effective 30 days after approval and publication.

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