Designating the DOTC Secretary as Primarily Responsible for the Management of National Roads and Highways in Metro Manila

April 27, 1990

NATIONAL EMERGENCY MEMORANDUM ORDER NO. 15

DESIGNATING THE SECRETARY OF TRANSPORTATION AND COMMUNICATIONS AS THE CABINET OFFICIAL PRIMARILY RESPONSIBLE FOR THE MANAGEMENT AND MAINTENANCE OF ALL NATIONAL ROADS AND HIGHWAYS IN METROPOLITAN MANILA AS WELL AS THE ENFORCEMENT OF TRAFFIC RULES AND REGULATIONS THEREIN DURING THE PERIOD OF NATIONAL EMERGENCY

WHEREAS, Title XV, Chapter I, Section 3 of the Administrative Code of 1987 (Executive Order No. 292, S. of 1987), hereinafter referred to as the Code, expressly vests in the Department of Transportation and Communications, among others, the following powers and functions relative to land transportation, viz.:

"(1) Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation [and communications] system at the national, regional and local levels; aIcETS

(2) Establish and administer comprehensive and integrated programs for transportation [and communications], and for this purpose, it may call on any agency, corporation or organization, whether public or private, whose development programs include transportation [and communications] as integral parts thereof, to participate and assist in the preparation and implementation of such programs;

(3) Assess, review and provide directions to transportation [and communications] research and development programs of the government in coordination with other institutions concerned;

(4) Administer and enforce all laws, rules and regulations in the field of transportation [and communications];

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(14) Establish and prescribe the corresponding rules and regulations for enforcement of laws governing land transportation, [air transportation and portal services, including the penalties for violations thereof,] and for the deputation of appropriate law enforcement agencies in pursuance thereof;"

WHEREAS, Title V, Chapter I, Section 3 of the Code provides for the following powers and functions of the Department of Public Works and Highways relative to national highways and roads, viz.;

"(7) Maintain or cause to be maintained all highways, [flood control, and other public works] throughout the country except those that are the responsibility of other agencies as directed by the President of the Philippines or as provided by law;

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(9) Classify roads and highways into national, regional, provincial, city, municipal, and barangay roads and highways, based on objective criteria it shall adopt; provide or authorize the conversion of roads and highways from one category to another; and

(10) Delegate, to any agency it determines to have the adequate technical capability, any of the foregoing powers and functions;"

WHEREAS, Executive Order No. 392, S. of 1990, identifies traffic management as one of the basic urban services requiring coordination in Metropolitan Manila through the Metropolitan Manila Authority and names the Secretary of Transportation and Communications as a member of the Metropolitan Manila Council; cIHSTC

WHEREAS, while the aforesaid offices deal in the Metropolitan Manila land transportation and traffic situation by virtue of their respective mandates, there is compelling need to designate a Cabinet Official primarily responsible for the management and maintenance of all national roads and highways in Metropolitan Manila as well as the enforcement of traffic rules and regulations therein during the period of national emergency;

NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. The Secretary of Transportation and Communications is hereby designated as the Cabinet Official primarily responsible for the management and maintenance of all national roads and highways in Metropolitan Manila, traffic management, and the enforcement of land transportation and traffic laws, rules and regulations therein during the period of the national emergency. As such, he is vested during the period of national emergency with the following mandates: CIDTcH

a) Exercise direct control and supervision over the maintenance of all national roads and highways in Metropolitan Manila and their classification in accordance with the criteria set by the Department of Public Works and Highways (DPWH);

b) Exercise direct control and supervision over the management of traffic in Metropolitan Manila which shall include jurisdiction over personnel, equipment and facilities necessary for the purpose;

c) Exercise operational control over the personnel and men of the Philippine Constabulary/Integrated National Police (PC/INP) in the enforcement of land transportation and traffic laws, rules, and regulations in Metropolitan Manila; IDcHCS

d) Exercise all his power and functions pursuant to Executive Order No. 125, S. of 1987 as amended, and the Administrative Code of 1987.

SECTION 2. To effectively carry out the mandates granted hereunder, all equipment, personnel and facilities under the control and supervision of the DPWH, Metropolitan Manila Authority (MMA) and the PC/INP in the performance of their functions in Metropolitan Manila are hereby placed under the direction and control of the Secretary of Transportation and Communications during the period of national emergency to such extent as the latter may deem necessary and practicable under the circumstances. The Department of Budget and Management (DBM), DPWH, MMA and PC/INP are hereby directed to assist fully and coordinate with the Secretary of Transportation and Communications in the implementation of this Memorandum Order.

SECTION 3. The Secretary of Transportation and Communications shall issue the necessary rules and regulations in the implementation of this Memorandum Order.

SECTION 4. This urgent Memorandum Order shall take effect two (2) days after publication in two (2) newspapers of general circulation.

DONE in the City of Manila, this 27th day of April, in the year of Our Lord, Nineteen Hundred and Ninety.