Law Summary
Amendments to PPA Powers (Section 6(a)(x))
- PPA empowered to perform acts and provide services necessary for implementing the Decree.
- Authorized to take measures to alleviate congestion in government ports.
- Coordination with the Bureau of Customs is required for ports of entry.
Police Authority of the Philippine Ports Authority (Section 6-c)
- PPA granted police authority within its ports to fulfill its functions and objectives.
- This authority is supplemental and does not infringe on Bureau of Customs or other law enforcement bodies.
- Police powers include:
- Security of cargo, port equipment, structures, personnel, and documents.
- Joint physical security with Bureau of Customs for import/export cargo in ports of entry.
- Regulation of entry, exit, and movement of persons, vehicles, and watercraft within the port.
- Maintenance of peace and order in coordination with local police.
- Supervision of private security agencies operating in port areas.
- Enforcement of PPA rules and regulations.
Personnel Selection and Merit System (Section 8(b))
- All PPA officials and employees selected based on merit and fitness through a comprehensive, progressive merit system.
- The merit system must align with Civil Service rules and regulations.
- Professional and technical positions are considered policy-determining, primarily confidential, and highly technical.
- Recruitment, transfer, promotion, and dismissal governed by merit-based criteria.
Creation of National Port Advisory Council (Section 9-A)
- A council chaired by the PPA General Manager, including representatives from:
- Ministry of Labor
- Bureau of Customs
- Chambers of commerce and industry
- Import/export associations
- Local and foreign shipping companies
- Arrastre and stevedoring companies
- Consumers groups
- Shippers council
- Other groups deemed expedient by PPA
- Functions as an advisory body to assist in policy formulation.
Increase of Authorized Capital (Section 10(a))
- Authorized capital stock of the PPA increased from three billion to five billion pesos.
Powers of Harbor Master (Section 28(c))
- Harbor Master may regulate vessel mooring and designate loading/unloading sites within the port.
- Coordination with Bureau of Customs required at ports of entry and other relevant government agencies.
- Bureau of Customs maintains authority to designate ports of entry for incoming vessels.
Responsibilities in Construction and Maintenance Projects (Section 37)
- PPA responsible for:
- General planning, feasibility studies, and prioritization of port construction projects.
- Maintenance dredging for restoration of designed depths in public ports.
- Repair and maintenance of public ports under its jurisdiction.
- Bureau of Public Works acts as executing agency for detailed engineering and construction.
- Funding from National Government released directly to Bureau of Public Works for construction projects.
- Expenditures outside of general funds require President's approval.
- Engineering plans and periodic reports must be submitted by Bureau of Public Works to PPA.
Powers and Duties of the Bureau of Customs (Section 39)
- Transfer of customs powers relating to dues, fees, and rates on vessels and cargoes (except Part VII of the Tariff and Customs Code) to PPA.
- Applies regardless of port or place of vessel call, covering government or private ports.
Administrative Fines and Enforcement (Section 43(c))
- PPA authorized to impose administrative fines for port-related violations.
- Fines and offenses include, but are not limited to:
- Unauthorized vessel maneuvering without pilot (up to ₱10,000).
- Improper vessel berthing/loading/unloading or shifting without permission (up to ₱5,000 domestic, ₱10,000 overseas).
- Vessel departure without clearance (up to ₱3,000 domestic, ₱10,000 overseas).
- Unauthorized cargo handling operators (up to ₱5,000).
- Leaving vessels unmanned when directed to move (up to ₱3,000).
- Moving cargo without clearance (up to ₱2,000).
- Pollution offenses including dumping crude oil, gasoline, garbage (fines from ₱200 to ₱1,000).
- Unauthorized repairs and emission of harmful substances (up to ₱1,000).
- Commercial vehicle violations of port entry/exit rules (₱10 to ₱500).
Repealing Clause
- All laws, decrees, orders, rules, and regulations inconsistent with this Order are repealed or modified accordingly.
Separability Clause
- If any provision is declared unconstitutional or invalid, remaining provisions continue to be effective.
Effectivity Clause
- The Executive Order takes effect immediately upon promulgation on November 16, 1978.