TRANSPO LAW - II. REGULATION OF THE TRANSPORTATION INDUSTRY Flashcards
What is the DOTr?
Department of Transportation (DOTr)
- The primary policy, planning, programming, coordinating, implementing and administrative entity on the promotion, development and regulation of a dependable and coordinated network of transportation systems, and fast, safe, and efficient and reliable transport services.
Due to RA 10844 (2015), the DICT (Department of Information, Communication and Technology) was established, thus renaming DOTC to DOTr (Department of Transportation) and removing from its powers those functions with regard to communications.
What are the attached agencies of the DOTr?
Attached Agencies
1. Land Transportation Office [LTO]
2. Land Transportation Franchising and Regulatory Board [LTFRB]
3. Civil Aeronautics Board [CAB]
4. Civil Aviation Authority of the Philippines [CAAP]
5. Philippine Coast Guard [PCG]
6. Philippine Ports Authority [PPA]
7. Maritime Industry Authority [MARINA]
What is the CAAP?
Civil Aviation Authority of the Philippines
- The agency in charge of restructuring the civil aviation system, regulating the safety of air transportation and aviation security.
What are the duties of the CAAP?
Duties of CAAP [Sec 2, RA 9497]
1. To establish and prescribe rules and regulations for the inspection and registration of all aircraft owned and operated in the PH and all air facilities
2. To establish and prescribe the corresponding rules and regulations for the enforcement of laws governing air transport
3. To determine, fix and/or prescribe charges and/or rates pertinent to the operation of public air utility facilities and services
4. To administer and operate the Civil Aviation Training Center (CATC)
5. To operate and maintain national airports, air navigation, and other similar facilities in compliance to ICAO
6. To perform such other powers and functions as may be prescribed by law.
What is the CAB?
Civil Aeronautics Board
- The agency charged with the power to regulate the economic aspects of air transportation in the PH
* Has general supervision and jurisdiction over air carriers, as well as their properties, property rights, equipment and franchise
* CAB is mandated to regulate, promote and develop the economic aspect of air transportation in the PH
* CAB has supervision, jurisdiction and control over air carriers, general sales agents, cargo sales agents, and airfreight forwarders, as well as their property, property rights, equipment, facilities and franchise.
What are the powers of CAB?
Powers of CAB
1. Licensing of domestics and international airlines;
2. Regulation of fares and rates for the carriage of persons and property;
3. Authorization of navigation of foreign aircrafts in the Philippines;
4. Participation in the negotiation of air agreements covering exchange or air rights;
5. Approval or disapproval of mergers, consolidations, interlocking relationship, and inter-airline agreements;
6. Regulation of air accounting practices and development of air carrier reporting system;
7. Maintenance of public record of tariffs, schedules, and other materials required to be filed by air carriers;
8. Assure protection of the public by requiring the performance of safe and adequate air service, eliminating rate discrimination, unfair competition, and deceptive practices in air transportation;
9. Suggest corrective measures to improve safety in air commerce;
10. Review, reverse, modify, or affirm on appeal the administrative decision or order of the Assistant Secretary for Air Transportation on matters pertaining to:
a. Grounding of airmen and aircraft;
b. Revocation of any certificate or denial by the Assistant Secretary of issuance of any certificate; or
c. Imposition of civil penalty or fine by the Assistant Secretary in connection with the violation of any provision of RA 776
11. Determine whether to impose, remit, mitigate, increase, or compromise the civil penalties imposed by the Assistant Secretary for Air Transportation.
* In Kuwait Airways v. PAL (2009), The CAB has not duly exercised its regulatory authority over a local airline in order to implement or further government air policy. Instead, what happened was an officer of the CAB, acting in behalf not of the Board but of the Philippine Government, had committed to a foreign nation the immediate abrogation of PAL’s commercial agreement with Kuwait Airways.
What is the LTO?
Land Transportation Office (LTO)
The agency in charge of
1. Inspection and registration of motor vehicles
2. Issuance of Licenses and Permits
3. Enforcement of Land Transportation Rules and Regulations
4. Adjudication of traffic cases
What is the LTFRB?
Land Transportation Franchising Regulatory Board (LTFRB)
- Agency vested with the regulation, supervision and control over land transportation.
* LTFRB is empowered to impose such conditions as to construction, equipment, maintenance, service or operation as to the public interests and convenience may reasonably require. (MMDA v. Viron Transportation)
What is MARINA?
Maritime Industry Authority (MARINA)
* The Maritime Transport Authority is vested with jurisdiction over regulation of water transportation
* Under RA 10635, MARINA has the power to implement and ensure compliance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, and is the sole maritime administration mandated to do so.
* Since the law recognizes the vital contribution of seafarers, it empowers MARINA to issue Certificates of Competency to masters, officers, and Global Maritime Distress and Safety System (GMDSS) radio operators and Certificates of Proficiency to Seafearers.
What is the PCG?
Philippine Coast Guard (PCG)
* An armed and uniformed service attached to the DOTC; however, in times of war it is attached to the Department of National Defense.
* On Oct 9, 1998, the DOTC issued a D.O. delineating the functions of the MARINA and the PCG.
May the decisions of the MARINA be reviewable by the DOTC secretary? (DOTr)
NO. ● The decisions of the MARINA Board, as an attached agency of the DOTC, are NOT subject to the review of the DOTC Secretary.
o In Beja v. CA, it was discussed that an attached agency has a larger measure of independence from the Department to which it is attached than one which is under departmental supervision and control or administrative supervision. This is borne out by the “lateral relationship” between the Department and the attached agency. The attachment is merely for “policy and program coordination.
o Moreover, the Administrative Code explicitly provides that Chapter 8 of Book IV on supervision and control shall not apply to chartered institutions attached to a Department.
