Please enable JavaScript.

Coggle requires JavaScript to display documents.

TRANSPORTATION: INTRODUCTION - Coggle Diagram

- - - - THE REMAINING PART OF THE DoTC IS NOW KNOWN AS DOTr
        Pursuant to RA 10844 (2016), the communication arm of the Department of Transportation and Communication was transferred to the Department of Information and Communications Technology. That which remained is now known as the Department of Transportation.
        
        THE DOTR IS AUTHORIZED TO ISSUE CPCs FOR PUBLIC LAND AND RAIL TRANSPORT
        The DOTr promotes and regulated coordinated networks of transportation, and it is authorized to issue CPCs for the operation of public land and rail transport utilities and prescribe rules and regulations for matters concerning transportation.
        
        CPC = Certificate of Public Convenience
        
        THE DOTC (Now DOTr) HAS THE AUTHORITY TO REGULATE ACTIVITIES RELATIVE TO TRANSPORTATION, NOT THE DPWH
        The petitioners were assailing the validity of the AOs and DOs issued by DPWH which declared NLEX, SLEX, and the Manila, Cavite Toll Expressway as limited access facilities, and prohibited the use of motorcycles on such limited access highways.
        They were arguing that the DPWH, pursuant to RA2000, is not authorized to determine “who or what can be qualified as toll way users.” To this, the Supreme Court agreed with the petitioners. The SC looked at the history and the tasks of the DPWH, which was then the DPWC.
        The SC concluded that it was the DOTC who had the mandate and the authority to regulate activities relative to transportation. Thus, the AOs and DOs issued by the DPWH were declared void.
        (Mirasol v. DPWH)
        
        THE DOTC IS MANDATED TO BE THE PRIMARY "POLICY, PLANNING, REGULATING ENTITY TO PROMOTE, DEVELOP, AND REGULATE NETWORKS OF TRANSPORTATION AND COMMUNICATIONS
        The SC held that the designation to MMDA was invalid because it is the DOTC who had the mandate to be the primary “policy, planning, regulating… entity to promote, develop, and regulate networks of transportation and communications.”
        Additionally, the SC ruled that the planned elimination of bus terminals was not a valid exercise of police power. Thus, E0179 was declared null and void for being ultra vires.
      - EO 546 POWERS & FUNCTIONS
        SEC. 8. Functions. - The Ministry shall have the following functions:
        
        COORDINATE & SUPERVISE ALL ACTIVITIES RELATIVE TO TRANSPORTATION
        Coordinate and supervise all activities of the Ministry relative to transportation and communications;
        
        SECTION 4.(EO 125) Mandate.
        MANDATE
        The Ministry shall be the primary policy, planning, programming, coordinating, implementing, regulating, and administrative entity of the Executive Branch of the government in the promotion, development and regulation of dependable and coordinated networks of transportation and communication system, as well as in the fast, safe, efficient and reliable postal, transportation and communication services.
        
        To accomplish such mandate, the Ministry shall have the following objectives:
        
        PROMOTE
        Promote the development of dependable and coordinated networks of transportation and communication systems;
        
        GUIDE GOV'T & PRIVATE INVESTMENT
        Guide government and private investment in the development of the country's inter- model transportation and communication systems in a most practical, expeditious, and orderly fashion for maximum safety, service, and cost effectiveness;
        
        IMPOSE APPROPRIATE MEASURE
        Impose appropriate measure so that technical, economic and other condition for the continuing economic viability of the transportation and communication entities are not jeopardized and do not encourage inefficiency and distortion of traffic patronage;
        
        DEVELOP INTEGRATED PLAN
        Develop an integrated plan for a nationwide transmission system in accordance with the national and international telecommunication service requirement including, among others,radio and television broadcast relaying, leased channel services and data transmission;
        
        GUIDE GOV'T & PRIVATE INVESTMENT
        Guide government and private investment in the establishment, operation and maintenance of an international switching system for incoming and outgoing telecommunication services;
        
        ENCOURAGE DEVELOPMENT OF DOMESTIC TELECOM INDUSTRY
        Encourage the development of a domestic telecommunication industry in coordination with the concern entities particularly, the manufacture of communications/ electronics equipment and components to complement and support as much as possible, the expansion, development, operation and maintenance of the nationwide telecommunications network;
        
        PROVIDE FOR A SAFE, RELIABLE, AND EFFICIENT POSTAL SYSTEM
        Provide for a safe, reliable and efficient postal system for the country.
        
        EO 125
        POWERS AND FUNCTIONS
        SECTION 5. Powers and functions. To accomplish its mandate, the Ministry shall have the following powers and functions:
        FORMULATE AND RECOMMEND NAT'L POLICIES AND GUIDLINES
        (QUASI-LEGISLATIVE POWER)
        Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation and communication system at the national, regional and local levels;
        
        ESTABLISH AND ADMINISTER
        Establish and administer comprehensive and integrated program for transportation and communications, and for ITS purpose,
        
        may call on any agency corporation, or organization, whether public or private, whose development progress include transportation and communications, as an integral part thereof, to participate and assist in the preparation and implementation of such programs;
        
        ASSESS, REVIEW, AND PROVIDE
        Assess , review and provide direction to transportation and communication research and development programs of the government in coordination with other institutions concerned;
        
        1 more item...
        
        EO 125-A
        "Sec. 5. Powers and Functions. To accomplish its mandate, the Department shall have the following powers and functions:
        
        (a) Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation and communications systems at the national, regional and local levels;
        
        (b) Establish and administer comprehensive and integrated programs for transportation and communications, and for THIS purpose, may call on any agency, corporation, or organization, whether public or private, whose development programs include transportation and communications as an integral part thereof, to participate and assist in the preparation and implementation of such program;
        
        1 more item...
        
        RELINQUISHED COMMUNICATIONS
        Section 15(a)(6) All operating units of the Department of Transportation and Communications (DOTC) with functions and responsibilities dealing with communications.
        
        1 more item...
        
        EO 546 POLICY
        SEC. 6, Creation of Minisiry of Transportation and Communications and Communications. - There is hereby created a Ministry of Transportation and Communications, hereinafter referred to as the Ministry, which shall be the primary policy, planning, programming, coordinating, implementing, regulating and administrative entity of the executive branch of the government in the promotion, development, and regulation of a dependable and coordinated network of transportation and communications systems in pursuant of the following objectives:
        
        a. Promoie the development of a dependable and coordinated network of transportation system;
        
        b. Guide government and private investments in the development of the country's intermodal transport and communication systems in a most practical, expeditious, and orderly fashion for maximum safety, service, and cost effectiveness;
        
        c. Impose appropriate measures so that technical, economic and other conditions for the continuing economic viability of the transport and communications entities are not jeopardized and do not encourage inefficiencies and distortion of traffic patronage;
        
        d. Provide, extend and operate by itself or through or together with other entities, private or govemment, local or national, telephone, telegraph, telex and other public telecommunications services throughout the country whenever economic, social and political development activities warrant the provision thereof: Provided, however, that the national economic viability of the entire network or components thereof if maintained at reasonable rates.
        
        1 more item...
        
        FORMULATE AND RECOMMEND GUIDELINES FOR
        Formulate and recommend national policies and guidelines for the preparation and implementation of an integrated and comprehensive transportation and communications system at the national, regional, and local levels.
        
        ESTABLISH PROGRAMS
        
        CALL UPON AGENCIES/CORPORATIONS
        c. Establish and administer comprehensive and integrated programs for transportation and communications, and for this purpose, may call on any agency, corporation, or organization, whether government or private, whose development programs include transportation and communications as an integral part to participate and assist in the preparation and implementation of such programs;
        
        REGULATE ACTIVITIES RELATIVE TO TRANSPORTATION
        
        PRESCRIBE & COLLECT FEES
        d. Regulate, whenever necessary, activities relative to transportation and communications and prescribe and collect fees in the exercise of such power;
        
        GUIDE RESEARCH & DEV'T
        e. Assess, review and provide direction to transportation and communications research and development programs of the government in coordination with other institutions concerned; and;
        
        PERFORM OTHER FUNCTIONS
        f. Perform such other functions as may be necessary into effect the provisions of this Executive Order
    - - CIVIL AVIATION
        
        CIVIL AVIATION DEFINED
        Civil Aviation refers to the operation of any civil aircraft for the purpose of general aviation operations, aerial work, or commercial air transport operations.[RA 9497]
      - CIVIL AVIATION AUTHORITY OF THE PHILIPPINES (CAAP)
        
        CAAP DEFINED
        CAAP is an independent and regulatory body with corporate attributes attached to the DOTr for purpose of policy coordination.
        
        CAAP PROMULGATES R&Rs FOR
        SAFETY IN AIR COMMERCE
        It is tasked with the promulgation of rules and regulations as may be necessary in the interest of safety in air commerce.
        
        CAAP HAS POWER
        TO ISSUE
        
        AIRMAN'S CERTIFICATES; and
        
        LICENSES FOR AIRCRAFTS
        It has the power to issue airman’s certificates and licenses for aircrafts.
        
        What's an Airman Certificate?
      - CIVIL AERONAUTICS BOARD (CAB)
        
        CAB COMPOSITION
        CAB is composed of the DTI Secretary as chairman, Civil Aeronautics Administrator, Commanding Officer of the Philippine Force, and 2 others appointed by the president.
        
        CAB REGULATES ECONOMIC ASPECT OF
        AIR TRANSPORTATION
        It has the power to regulate the economic aspect of air transportation.
        
        CAB HAS POWER
        TO ISSUE
        CPCNs
        It can issue CPCNs
        
        CPCN = CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
        Certificate of Public Convenience
        and Necessity
        
        CAB CAN ISSUE CPCNs and TOPs EVEN IF APPLICANTS HAVE NO LEGISLATIVE FRANCHISE
        Philippine Airlines was assailing the Civil Aeronautics Board’s issuance of a Certificate of Public Convenience and Necessity (CPCN) and Temporary Operating Permit (TOP) to Grand International Airways, Inc. PAL was arguing the CAB cannot issue such certificates before Congress awards a legislative franchise to GrandAir.
        The Supreme Court ruled in favor of CAB. The SC ruled that CAB is expressly authorized by RA776 to issue such certificates even if the applicant does not yet have a legislative franchise. Even though the Constitution recognizes the Congress’ control over any franchise, RA776 provided that it has delegated the same authority to CAB with some limitations.
        (PAL v. CAB)
        
        KUWAIT AIRWAYS v. PAL
        Upon the signing of a Confidential Memorandum of Understanding (CMoU) (signed with CAB, DFA, and PAL), Kuwait Airways informed PAL about the termination of the royalty agreement they had with PAL due to the CMoU. Kuwait Airlines stopped paying such royalties, thus, PAL filed a complaint for the collection of sum of money.
        The SC ruled in favor of PAL, but it took note that this ruling is an exceptional case.
        
        CAB HAS THE POWER TO COMPEL PAL TO TERMINATE COMMERCIAL AGREEMENTS IN EXERCISE OF REGULATORY POWERS
        Generally, the CAB, as a regulator, has the power to compel PAL to terminate commercial agreements it may have.
        In this case, due to the execution of the CMoU and the provision granting Kuwait Airlines a royalty-free usage of air traffic, the agreement between PAL and Kuwait Airlines should have been considered terminated.
        (Kuwait Airways v. PAL, 2009)
        
        1 more item...
        
        CAB HAS GENERAL SUPERVISION AND REGULATION OF, AND JURISDICTION AND CONTROL OVER, AIR CARRIERS, AS WELL AS THEIR
        
        PROPERTY
        
        PROPERTY RIGHTS
        
        EQUIPMENT
        
        FACILITIES AND FRANCHISE
        We can deem that the CAB has ample power under its organizing charter, to compel Philippine Airlines to terminate whatever commercial agreements the carrier may have.
        
        After all, Section 10 of R.A. No. 776 grants to the CAB the "general supervision and regulation of, and jurisdiction and control over, air carriers as well as their property, property rights, equipment, facilities and franchise", and this power correlates to Section 4 (c) of the same law, which mandates that the Board consider in the exercise of its functions "the regulation of air transportation in such manner as to recognize and preserve the inherent advantages of, assure the highest degree of safety in, and foster sound economic condition in, such transportation, and to improve the relations between, and coordinate transportation by air carriers."
        
        1 more item...
    - - LAND TRANSPORTATION OFFICE (LTO)
        
        LTO IS PRIMARILY CONCERNED WITH
        LAND TRANSPORTATION
        The LTO, a line office of the DOTr, is primarily concerned with land transportation.
        
        LTO ISSUES
        
        DRIVER'S LICENSES; &
        
        MOTOR VEHICLE REGISTRATIONS
        It issues driver’s licenses and motor vehicle registrations.
      - LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB)
        
        LTFRB PROMULGATES, ADMINISTERS, IMPLEMENTS, AND ENFORCES RRs ON
        LAND TRANSPORT PUBLIC UTILITIES
        The LTFRB, also attached to the DOTr, promulgates, administers, implements, and enforces rules and regulations on land transport public utilities.
        
        LTFRB HAS POWER TO ISSUE CPCs or PERMITS TO AUTHORIZE OPERATION OF PUBLIC LAND TRANSPORTATION SERVICES
        It has the power to issue CPCs or permits to authorize the operation of public land transportation services.
        
        LRFRB ALSO HAS POWER TO
        SET FARES FOR PUBLIC TRANSPORT
        It also has the power to set fares for public transport.
        
        THE LTFRB CANNOT DELEGATE THE POWER TO REGULATE FARES TO BUS OPERATORS; SUCH IS UNDUE DELEGATION
        The LTFRB issued DOs that allowed public bus operators to impose fares within a certain range of percentage (as of 1993, allowed increase of up to 20% and decrease of up to 25%. The Provincial Bus Operators Association of the Philippines (PBOAP) applied for this de-regulation, but the Kilusang Mayo Uno (KMU) opposed such application.
        The Supreme Court ruled in favor of KMU and ruled that the fare range scheme used by LTFRB was invalid. The SC said that the freedom given by the LTFRB to the bus operators to use their own scheme is an undue delegation of legislative authority. In the first place, it was the Congress who delegated the power to LTFRB such regulatory powers. Thus, the doctrine of Potestas delegata non delegari potest shall apply here.
    - - MARITIME LAW DEFINED
        According to Black’s Law Dictionary, Maritime Law is “that system of law which particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea and to marine affairs generally”
        
        MARITIME INDUSTRY AUTHORITY
        (MARINA)
        
        MARINA
        AIDS IN PROMOTING & DEVELOPING
        
        MARITIME INDUSTRY
        
        GROWTH & REGULATION OF
        SHIPPING ENTERPRISES
        MARINA aids in the promotion and development of the maritime industry, and the growth and regulation of shipping enterprises.
        
        MARINA HAS POWER TO:
        
        ISSUE CPCs FOR OPERATION OF DOMESTIC & OVERSEAS WATER CARRIERS
        It issues CPCs for the operation of domestic and overseas water carriers.
        
        REGISTER VESSELS
        
        ISSUE LICENSES FOR SUCH VESSELS
        It can also register vessels and issue licenses therefor.
        
        ISSUE LICENSES TO QUALIFIED SEAFARERS, HARBOR, BAY, AND RIVER PILOTS
        It issues licenses to qualified seafarers, harbor, bay, and river pilots.
        
        DOMESTIC SHIP OPERATORS HAVE THE RIGHT TO FIX THEIR OWN PASSENGER & CARGO RATES
        Pursuant to the policy of deregulation of the domestic shipping industry, RA 9295 provides that domestic ship operators have the right to fix their passenger and cargo rates.
        
        SPECIAL LAWS APPLICABLE (OF SUPPLETORY APPLICATION)
        
        SPECIAL LAWS SUPPLETORY TO NCC
        In the Philippines, we have:
        
        Book III of the Code of Commerce
        (Maritime Commerce)
        
        Act No. 2616
        (Salvage Law)
        
        Commonwealth Act No. 65
        (Carriage of Goods by Sea Act)
        
        Presidential Decree No. 1521
        (Ship Mortgage Decree of 1978)
        
        Other special laws relating to Maritime Commerce
        
        REGARDING COMMON CARRIERS,
        NCC PRIMARILY APPLIES, WHILE
        CODE OF COMMERCE & SPECIAL LAWS ARE MERELY SUPPLETORY
        The primary law is still the New Civil Code provisions on common carriers. The Code of Commerce and special laws apply only suppletorily.
  - - - OBLIGOR MAY BE
        COMMON CARRIER or PRIVATE CARRIER
        The person who obligates himself to transport the goods or passengers may be a common carrier or a private carrier.
        
        COMMON CARRIER DEFINED
        Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.
        
        PRIVATE CARRIER
        A private carrier is one who, without making the activity a vocation, or without holding himself or itself out to the public as ready to act for all who may desire his or its services,
        undertakes, by special agreement in a particular instance only,
        to transport goods or persons from one place to another
        either gratuitously or for hire.
      - ELEMENTS OF A CONTRACT OF TRANSPORTATION
        
        CONTRACT
        
        CERTAIN PERSON/ASSOCIATION
        
        OBLIGATION TO TRANSPORT...
        a. PERSONS
        b. THINGS
        c. NEWS
        
        FIXED PRICE