Creation and Composition of Toll Regulatory Board
- Establishes the Toll Regulatory Board ("Board").
- Composition includes the Minister of Transportation and Communications as Chairman, minus Director-General for Program and Projects of NEDA, Deputy Ministers of Public Highways and Finance, and a private sector representative (lawyer or economist) appointed by the President.
Powers and Duties of the Toll Regulatory Board
- Enter into contracts for construction, operation, and maintenance of toll facilities with Presidential approval.
- Determine types of public improvements to be tolled.
- Exercise eminent domain to condemn private property for public use.
- Establish, modify, or revoke toll rates after public hearing; appeals go to the Office of the President.
- Grant Toll Operation Certificates with conditions regarding operation period, transfer restrictions, government takeover, and non-issuance of government securities.
- Formulate rules and regulations for toll operations and procedures.
Conditions Imposed on Toll Operators
- Prohibition on toll collection after certificate expiry.
- Mandated turnover of facilities to the government at contract end.
- Restrictions on transfer, lease, or sale of the toll operation rights without Presidential approval.
- Government’s authority to close or take over toll facilities during emergencies with just compensation.
- No government-backed securities issuance for toll operator financing.
Establishment of Technical Staff
- Board authorized to create a technical and support staff for operational assistance.
- Authority to grant honoraria, allowances or overtime pay as needed.
Requirements for Toll Rate Publication
- Toll rate changes must be published in a newspaper of general circulation once a week for three consecutive weeks before effective collection.
Exemptions from Toll Fees
- Exempts government vehicles on official business from toll fees.
- Procedures for such exemptions to be established by the Board.
Funding and Appropriations for Board Operations
- Initial operational expenses funded by fees from existing toll operators with an annual appropriation of P300,000 for three years.
- Subsequent funding to be included in the Annual General Appropriations Decree.
Repeal and Effectivity
- Repeals inconsistent laws, decrees, and orders.
- The Decree takes immediate effect upon promulgation.