Implementing Rules and Regulations of E.O. No. 96, s. 2019 Establishing the Philippine Railways Institute under DOTr

April 07, 2020

DOTr DEPARTMENT ORDER NO. 005-20

IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 96, S. 2019 ESTABLISHING THE PHILIPPINE RAILWAYS INSTITUTE UNDER THE DEPARTMENT OF TRANSPORTATION AS THE PLANNING, IMPLEMENTING, AND REGULATORY AGENCY FOR HUMAN RESOURCES DEVELOPMENT IN THE RAILWAY SECTOR

By virtue of Executive Order (EO) No. 125-A and in furtherance to the implementation of EO No. 96, s. 2019, the Department of Transportation (DOTr) hereby promulgates the following Implementing Rules and Regulations (IRR):

ARTICLE I

Preliminary Provisions

SECTION 1. Title.— These rules and regulations shall be known as the "Implementing Rules and Regulations of Executive Order No. 96, s. 2019 Establishing the Philippine Railways Institute under the Department of Transportation as the Planning, Implementing, and Regulatory Agency for Human Resources Development in the Railway Sector."

SECTION 2. Declaration of Policy.— It is the declared policy of the Philippine Government to:

a. maintain and expand efficient, fast, safe, and dependable transportation systems, which are effective instruments for national recovery and economic progress;

b. complement the investments in the transportation sector by appropriate human capital development; and

c. develop human resource capacities of railway personnel to ensure their availability and competence, and guarantee their compliance with generally accepted standards of practice, as well as the rules and regulations pertaining to the safety, operations, and maintenance of railway.

SECTION 3. Definitions.— Whenever used in this IRR, the following terms shall have the respective meanings hereafter set forth:

a. Accreditation — the process of authorizing the railway operator's (RO) training facility and any independent training center to conduct Fundamental Training Course to all railway personnel and the Systems Training Course to train drivers in accordance with the guidelines set by the PRI;

b. AFD — Administrative and Finance Division;

c. CAD — Certification and Accreditation Division;

d. Capacity Development Training — also called CDT, is a training conducted by the PRI to update the railway personnel on new laws, regulations, and technologies in the railway sector;

e. Certificate — an official document specifying the competency in which the holder thereof is authorized to serve and is issued each for Refresher, Fundamental, and Systems Training;

f. Certification — the process of issuing an official document that formally attests to the competency of the holder thereof;

g. Circular — refers to an issuance prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Government and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto (Book IV, Chapter 11, Section 50 (1) of the Administrative Code of 1987);

h. Commercial Train Driver's Certificate — the type of certificate that allows the driver to operate a train both in the mainline (with or without passengers) and depot;

i. Competency — a set of related knowledge, skills, and attitudes that are required to effectively perform tasks in the workplace, and can be developed by completing relevant subject/s. There are three (3) types of PRI competencies, namely: 1) Core; 2) Departmental; and 3) Specialized;

j. Core Competencies — are competencies required across all functions within the organization and focuses on Values, Human Skills, Institutional Framework, and Technical Knowledge;

k. Corrective Action — an action to eliminate the cause of non-conformity and to prevent its recurrence;

l. CSC — Civil Service Commission;

m. Departmental Competencies — are competencies required across all functions per organizational department (e.g.,operations, maintenance);

n. Depot Train Driver's Certificate — the type of certificate that allows the driver to operate a train in the depot only;

o. Diesel Train — a type of train which is powered by a diesel engine;

p. DOTr — Department of Transportation;

q. ED — Executive Director;

r. Electric Train — a type of train that runs on electricity received from external power such as overhead contact lines and third rail system;

s. Electromechanical Components — composed of different devices (e.g.,traction motor, pneumatic door system, interlocking system) which use electrical signal to actuate, operate, or control a mechanical action;

t. Existing Operations & Maintenance (O&M) Personnel — persons employed by the existing ROs and outsourced service providers performing O&M functions for at least six (6) months before the start of the conduct of the Fundamental Training Course;

u. Existing ROs — all ROs currently operating in the Philippines at the time of the EO's approval;

v. External Quality Audit — annual quality audit done by the PRI to the RO training facilities and independent training centers conducting Fundamental Training to all railway personnel and RO training facilities conducting Systems Training to train drivers to ensure that they comply with the PRI's set standards;

w. Fundamental Training (FT) Course — a training course that aims to provide an industry-level knowledge, skills, and attitude on railway operations and maintenance to new railway personnel, consisting of core, department, and specialized competencies;

x. HRD — human resources development;

y. Independent Training Center — any training center operated by an entity not in the business of railway operations;

z. Instructors — Training Specialists and engineers under the PRI's Training Division, and other PRI personnel responsible for conducting training to railway personnel;

aa. Internal Quality Audit — quality audit done to the PRI's Training Division and other PRI Instructors;

bb. Key Trainer — the person employed or authorized by the accredited RO training facility or independent training center and is certified by the PRI to lead the FT Course for all railway personnel and the ST Course for train drivers;

cc. Major Non-conformity — the absence of, or a significant/deliberate failure to comply with, a requirement, standard, or procedure;

dd. Minor Non-conformity — an isolated failure to comply with a requirement, standard, or procedure that does not affect the training's quality and can be easily rectified by a corrective action, but may lead to a major non-conformity if not addressed or becomes recurring;

ee. New personnel — persons hired by the ROs less than six (6) months before the start of the conduct of the FT Course;

ff. Non-Commercial Train Driver's Certificate — the type of certificate that allows the driver to operate a train both in the mainline [(without passengers, only during non-revenue hours, and only in sections allowed by the Operations Control Center] and in the depot;

gg. Non-revenue Hours — are the hours during which maintenance activities are conducted and revenue from carrying of passengers is not expected, also called engineering or maintenance hours;

hh. OCC — Operations Control Center;

ii. Office Order — refers to an issuance directed to a particular office, official, or employee, concerning specific matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned (Book IV, Chapter 11, Section 50 (2) of the Administrative Code of 1987);

jj. O&M — operations and maintenance of railway system facilities, particularly, rolling stock, tracks and guideways, power supply, signaling, communications, automated fare collection, civil works, stations, and depot equipment;

kk. Practical Examination — an examination in the FT Course that is given to the trainees to test their application of the theories learned during the training and gauge their practical skills;

ll. Practical Training — a hands-on learning experience in a supervised setting which allows trainees to apply concepts learned during theoretical training;

mm. PRI — the Philippine Railways Institute established under EO No. 96, s. 2019 and shall be known as the Institute in this DO;

nn. Quality Audit — the process of evaluating the training courses, training materials, equipment, facilities, and personnel qualifications in accordance with the standards set forth by the PRI, and may be internal or external;

oo. Railway Industry — refers to railway operators, manufacturers, suppliers, maintenance, and other service providers of the railway sector;

pp. Refresher Training (RT) Course — a training course given to existing railway personnel;

qq. Revenue Hours — the hours when trains are available to the general public and revenue from carrying of passengers is expected;

rr. RDD — Research and Development Division;

ss. RO — Railway Operator;

tt. RO Training Facility — a training center/department/unit or any similar office within the RO that provides training to its personnel;

uu. Specialized Competency — a type of competency that is required per functional group, sub-system, or discipline within an organizational department;

vv. Subject — a collection of topics that are organized and taught in such a way that enables the mastery of specific units of competence;

ww. Systems Training (ST) Course — training provided by the RO training facility or any independent training center that is focused on specific skills and competencies for a particular railway system;

xx. TD — Training Division;

yy. Theoretical Training — a learning experience which is limited to reading materials, classroom discussions, and demonstrations;

zz. Topic — consists of two sub-topics: theoretical sub-topics (lecture and/or discussions in classroom) and practical sub-topics (usage of PRI facilities and equipment);

aaa. Trainer — a person employed or authorized by the RO training facility or independent training center and is qualified to conduct FT Course to RO's railway personnel and ST Course to train drivers;

bbb. Training Course — a training program available to existing and new railway personnel such as Refresher Training, Fundamental Training, Capacity Development Training, and Supervisory/Management Training; and

ccc. Transition Period — a period of eighteen (18) months from the effectivity of the IRR.

ARTICLE II

Philippine Railways Institute

SECTION 4. Mandate.— The Institute, a research and training center under the administrative supervision of the DOTr, shall serve as the planning, implementing, regulating, and administrative entity for the development of human resources in the railway sector to ensure efficient, reliable, and safe railway transportation services.

SECTION 5. Powers and Functions.— The Institute shall have the following powers and functions:

a. formulate and recommend guidelines regarding HRD in the railway sector, including the promotion of safety in train operations;

b. establish and administer a comprehensive HRD development program for railway personnel, and for this purpose, call on relevant agencies and entities whose development programs include HRD for railway personnel, to participate and assist in the preparation and implementation of such program;

c. coordinate with the Department of Education, the Technical Education and Skills Development Authority, the Commission on Higher Education, Professional Regulation Commission, the University of the Philippines-National Center for Transportation Studies, and relevant government agencies to assist in the formulation of guidelines on HRD and other matters related thereto, including relevant research, and issue technical standards to ensure competency of railway personnel;

d. prescribe rules and regulations for the issuance of certificates attesting to the competence of railway personnel, including train drivers;

e. prescribe rules and regulations for the accreditation of training facilities of railway operators and independent training centers;

f. assist in the enforcement all laws, rules, and regulations in the field of HRD in the railway sector;

g. determine and collect reasonable fees, dues, or assessments relative to certificates and accreditations issued under the EO, and all trainings and services to be administered by the PRI;

h. accept, through the DOTr, donations, grants, services, and assistance of all kinds from private and public sources, foreign governments, as well as international institutions, and utilize the same for the purposes set forth in the EO, provided that acceptance of donations and grants from foreign governments shall be subject to prior clearance and approval by the President or his authorized representative; and

i. perform such other functions as may be necessary to carry out the purposes of the EO.

SECTION 6. Organizational Structure.— The PRI shall be headed by an ED, with the rank of an Undersecretary, who shall be:

a. appointed by the President of the Philippines;

b. a holder of at least a Master's Degree in related field and has experience in the administration, management, or implementation of transportation capacity development programs;

c. tenured for four (4) years, extendible for a maximum of four (4) years; and

d. removed only for cause/s in accordance with the prescribed rules and regulations by the CSC.

To pursue its main functions, the PRI shall consist of four (4) divisions, each headed by a Division Chief: (1) Training; (2) Certification and Accreditation; (3) Research and Development; and (4) Administrative and Finance. The TD shall be further sub-divided into four (4) sections: (1) Safety and Security; (2) Railway Operations; (3) Civil, Architecture, and Tracks; and (4) Rolling Stock and Electrical Facilities. On the other hand, the RDD shall be divided into two (2) sections: (1) Planning and Research; and (2) Institutional and Human Skills. The AFD shall likewise be divided into three (3) sections: (1) Administrative Management; (2) Asset Management; and (3) Financial Management. The PRI's organizational structure is attached to this FRR as Annex "A".

SECTION 7. Executive Director.— The ED shall be vested with the following powers, duties, and responsibilities:

a. in charge of the day-to-day operations of the PRI and exercise control over its personnel;

b. establish the PRI's organizational structure in line with the prevailing laws, rules, and regulations and submit the same to the Department of Budget and Management (DBM),as approved by the DOTr Secretary;

c. sign and issue the certificates specifying the competency in which the holders thereof are authorized to serve in the railway industry;

d. sign and issue the accreditation papers to be issued to RO training facilities and independent training centers, specifying their adequacy of providing training courses in accordance with the guidelines as prescribed by the PRI, and regulate the same; and

e. exercise such other powers and duties that are proper or necessary to carry out the purposes of this IRR.

The ED shall be assisted by a Director in the day-to-day operations of the PRI.

ARTICLE III

Training

SECTION 8. Training Division.— There shall be a Training Division responsible for providing training to all existing and new railway personnel. For this purpose, the Division shall have the following powers and functions:

a. conduct and update training needs assessment of the railway sector;

b. formulate, develop, and publish curricula, training materials, textbooks, and instructors' manuals involving the operations and maintenance of railway to upgrade the competencies of railway personnel;

c. coordinate with relevant government agencies and other stakeholders in the development of training materials;

d. submit the annual training calendar for the operations and maintenance personnel of the railway sector;

e. conduct capacity development programs, including RT and FT Courses, capacity development training, and supervisory/management courses, to railway personnel;

f. develop training courses for non-O&M personnel or intermediate/advanced training courses for managers and/or supervisors;

g. assist the RDD in the formulation and conduct of capacity development programs to upgrade the competencies of PRI instructors and personnel;

h. assist the RDD in the development of standards, rules, regulations, and policies on railway HRD;

i. assist the CAD in the assessment and review of training materials for ST Courses;

j. prepare and submit the annual budgetary and logistical requirements for the conduct of training courses;

k. facilitate the delivery and assessment of training courses including the preparation of training venue, kits, and other training paraphernalia;

l. submit reports as may be required by the ED; and

m. perform such other functions related to railway training materials development and delivery.

SECTION 9. Sections.— The TD shall be sub-divided into four (4) sections with the following duties and functions:

Safety and Security Section

a. formulate, develop, and publish training curricula, materials, textbooks, and instructors' manuals involving Railway Safety and Security in order to develop and/or upgrade the competencies of railway personnel;

b. coordinate with relevant government agencies and other stakeholders in the development of training materials for Railway Safety and Security;

c. conduct the training module in the RT and FT Courses to railway personnel with respect to Railway Safety and Security;

d. prepare instructor's guide and teaching manuals on Railway Safety and Security;

e. monitor compliance with the guidelines and delivery of training on Railway Safety and Security;

f. assist in the formulation and conduct of capacity development programs to upgrade the competencies of PRI instructors and personnel, with respect to Railway Safety and Security;

g. assist in the development of standards, rules, regulations, and policies on railway HRD, with respect to Railway Safety and Security;

h. facilitate the delivery and assessment of training courses including the preparation of the training venue, kits, and other training paraphernalia for Railway Safety and Security; and

i. perform such other functions related to railway training materials development and delivery.

Railway Operations Section

a. formulate, develop, and publish training curricula, materials, textbooks, and instructors' manuals involving the Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management in order to develop and/or upgrade the competencies of railway personnel;

b. coordinate with relevant government agencies and other stakeholders in the development of training materials for Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management;

c. conduct the training module in the RT and FT Courses to railway personnel with respect to Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management;

d. prepare instructor's guide and teaching manuals on Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management;

e. monitor compliance with the guidelines and delivery of training on Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management;

f. assist in the formulation and conduct of capacity development programs to upgrade the competencies of PRI instructors and personnel, with respect to Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management;

g. assist in the development of standards, rules, regulations, and policies on railway HRD, with respect to Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management;

h. facilitate the delivery and assessment of training courses including the preparation of the training venue, kits and other training paraphernalia for Commercial and Non-Commercial Train Driving, Passenger Management, and Fare and Ticketing Management; and

i. Perform such other functions related to railway training materials development and delivery.

Civil, Architecture, and Tracks Section

a. formulate, develop, and publish training curricula, materials, textbooks, and instructors' manuals involving the railway Tracks and Guideways and Buildings and Facilities in order to develop and/or upgrade the competencies of railway personnel;

b. coordinate with relevant government agencies and other stakeholders in the development of training materials for railway Tracks and Guideways and Buildings and Facilities;

c. conduct the training module in the RT and FT Courses to railway personnel with respect to railway Tracks and Guideways and Buildings and Facilities;

d. prepare instructor's guide and teaching manuals on Tracks and Guideways and Buildings and Facilities;

e. monitor compliance with the guidelines and delivery of training on railway Tracks and Guideways and Buildings and Facilities;

f. assist in the formulation and conduct of capacity development programs to upgrade the competencies of PRI instructors and personnel, with respect to railway Tracks and Guideways and Buildings and Facilities;

g. assist in the development of standards, rules, regulations, and policies on railway HRD, with respect to railway Tracks and Guideways and Buildings and Facilities;

h. facilitate the delivery and assessment of training courses including the preparation of the training venue, kits, and other training paraphernalia for railway Tracks and Guideways and Buildings and Facilities; and

i. perform such other functions related to railway training materials development and delivery.

Rolling Stock and Electrical Facilities Section

a. formulate, develop, and publish training curricula, materials, textbooks, and instructors' manuals involving Rolling Stocks, Railway Signaling, and Electrical Facilities in order to develop and/or upgrade the competencies of railway personnel;

b. coordinate with relevant government agencies and other stakeholders in the development of training materials for Rolling Stocks, Railway Signaling, and Electrical Facilities;

c. conduct the training module in the RT and FT Courses to railway personnel with respect to Rolling Stocks, Railway Signaling, and Electrical Facilities;

d. prepare instructor's guide and teaching manuals on Rolling Stocks, Railway Signaling, and Electrical Facilities;

e. monitor compliance with the guidelines and delivery of training on Rolling Stocks, Railway Signaling, and Electrical Facilities;

f. assist in the formulation and conduct of capacity development programs to upgrade the competencies of PRI instructors and personnel, with respect to Rolling Stocks, Railway Signaling, and Electrical Facilities;

g. assist in the development of standards, rules, regulations, and policies on railway HRD, with respect to Rolling Stocks, Railway Signaling, and Electrical Facilities;

h. facilitate the delivery and assessment of training courses including the preparation of the training venue, kits, and other training paraphernalia for Rolling Stocks, Railway Signaling, and Electrical Facilities; and

i. perform such other functions related to railway training materials development and delivery.

SECTION 10. Training Courses.— The TD shall offer the following training courses:

a. Fundamental Training Course — a training course consisting of nine (9) specializations such as: 1) Tracks & Guideways; 2) Buildings & Facilities; 3) Power Supply & Distribution; 4) Signaling & Communications; 5) Rolling Stock; 6) Passenger Management; 7) Fare & Ticketing Management; 8) Commercial Train Driving; and 9) Non-Commercial Train Driving;

b. Refresher Training Course — a training given to existing railway personnel;

c. Capacity Development Training — a training conducted by the PRI every after five (5) years to update all existing railway personnel on new laws, regulations, and technologies on the railway sector; and

d. Supervisory/Management Training Course — a training course for non-O&M personnel or intermediate/advanced training course for managers and/or supervisors in the railway sector.

SECTION 11. Fundamental Training Course.— As a condition precedent in the issuance of certificates, all railway personnel shall undergo and complete the FT Course that is specific to their respective functions.

Initially, the FT Course shall focus on personnel with direct operations and maintenance functions, including employees of outsourced services, as endorsed by the ROs. The said training shall consist of three (3) competencies: 1) Core; 2) Departmental; and 3) Specialized. The Specialized Competency has nine (9) courses, namely: 1) Tracks & Guideways; 2) Buildings & Facilities; 3) Power Supply & Distribution; 4) Signaling & Communications; 5) Rolling Stock; 6) Passenger Management; 7) Fare & Ticketing Management; 8) Commercial Train Driving; and 9) Non-Commercial Train Driving. Whenever practicable, the PRI may accept individual trainees.

The FT Course may be modified or expanded to be responsive to the needs of the railway sector.

SECTION 12. Instructors.— The PRI shall ensure that its Instructors are qualified and equipped with the necessary knowledge and skills. The following are the minimum qualifications:

a. second level civil service eligible or holder of any relevant professional license issued by Government agencies; and

b. with experience on human resources development in railway transportation such as teaching railway-related subjects, working on the RO's human resources development programs, developing training courses, subjects, or topics, or has direct work experience in railway operations and maintenance.

Provided that, before an Instructor can conduct the FT Course, he or she must complete the training of trainers conducted by the PRI and, thereafter, pass the assessment within six (6) months from his or her employment start date with the PRI. The assessment process is as follows:

a. each Instructor shall conduct a mock training in the presence of the Assessment Team comprised of the TD Chief as the Head and the Supervisors from the TD as members;

b. the Assessment Team shall, thereafter, convene to evaluate the Instructor's knowledge and skills in training delivery, and come up with the assessment results; and

c. in cases where the Instructor passes the assessment, the TD Chief shall submit the Assessment Team's recommendation to the ED, together with the assessment results and all other documents relevant thereto. Failure to pass the assessment shall mean failure to comply with the competency requirements.

Provided, further, that the Instructors who already conducted the RT Course upon the effectivity of this IRR are not required to undergo the training of trainers and assessment.

SECTION 13. Systems Training Course.— All ROs are required to develop their respective ST Course for each of the railway discipline, and conduct of an annual proficiency check. The said training shall focus on the specific skills and competencies particular to their system and its conduct shall be in compliance with the standards set by the PRI in a subsequent circular.

For personnel transferring to another RO, he or she must undergo the ST Course of the particular RO to which he or she transferred. Provided, that he or she has already undergone the FT Course and is issued certification by the PRI prior to his or her transfer.

SECTION 14. Trainers.— Each RO training facility and independent training center shall employ its trainers, at least one (1) of whom shall be the Key Trainer, responsible in conducting the FT and ST Courses.

a. Key Trainer.The Key Trainer shall be the one appointed and recommended by the RO training facility or independent training center and certified by the PRI with the following qualifications:

i. holder of at least a Bachelor's Degree, or preferably with Master's Degree, relevant to the job;

ii. underwent the FT or RT Course conducted by the PRI;

iii. underwent training with his or her respective RO;

iv. must be at least a Division Chief or its equivalent with five (5) years of working experience in the RO including one (1) year supervisory experience in operations and/or maintenance;

v. knowledgeable with the RO's systems and operations; and

vi. with experience in teaching railway-related subjects.

b. Other Trainers.Other trainers employed by the RO training facility or independent training center must satisfy the following:

i. underwent the FT or RT Course conducted by the PRI;

ii. underwent training with his or her respective RO;

iii. with at least two (2) years of working experience in the RO;

iv. knowledgeable with the RO's systems and operations; and

v. preferably with experience in teaching railway-related subjects.

SECTION 15. Training Method.— All training offered to railway personnel must adhere to the following requirements:

a. There must be a balance between theoretical training and practical training to ensure that the trainees acquire the required knowledge and skills.

b. Whenever applicable, computer-aided training is accepted for individual learning of the operational rule and signaling, among others.

c. The use of simulators, although not obligatory, may be useful for the effective training of drivers, particularly in the event of abnormal working conditions or for rules infrequently applied.

SECTION 16. Examinations.— There shall be written and practical examinations for the FT Course to be administered by the PRI. For accredited RO training facility or accredited independent training center, the same examinations may be conducted jointly with the PRI. In case of the ST Course, the written and practical examinations shall be administered by the RO pursuant to a subsequent circular to be issued by the ED.

ARTICLE IV

Certification and Accreditation

SECTION 17. Certification and Accreditation Division.— The CAD shall be responsible with the following:

a. develop and implement criteria, standards, and procedures for the certification system for competence of railway personnel, including train drivers;

b. establish rules and regulations and undertake the accreditation of railway operators' training facilities and independent training centers;

c. establish rules and regulations on the conduct of annual internal quality audits of the PRI's Training Division and other PRI Instructors;

d. establish rules and regulations on the conduct of external quality audits of accredited railway operators' training facilities and independent training centers;

e. establish rules and regulations for the conduct of training for both existing and new railway personnel;

f. monitor and evaluate the strategic short-,mid-,and long-term business plans for the PRI;

g. ensure that laws, rules, and regulations in the field of human resources development in the railway sector are enforced through the criteria, standards, and procedures to be established;

h. submit reports as may be required by the ED; and

i. perform such other functions related to certification of railway personnel and accreditation of railway training centers.

a. CERTIFICATION FOR TRAIN DRIVERS

SECTION 18. Train Driver's Certificate and ID Card.— No person shall be authorized to operate a train without a train driver's certificate and Identification (ID) Card issued by the PRI except when undergoing training supervised by a certified train driver or personnel authorized by the contractor/general consultant/RO during the testing phase of new railway lines.

There shall be three (3) types of train driver's certificate, each having a corresponding training path: 1) Commercial; 2) Non-Commercial; and 3) Depot, with two (2) restrictions depending on the train's power source which are: 1) Electric; and 2) Diesel. A train driver's ID card corresponding to the certificate type shall also be issued. The types and the corresponding restrictions must be specified in the train driver's certificate and ID Card. A subsequent circular, specifying the training path required for each certificate type, shall be issued by the PRI.

All new train drivers must complete the FT Course and be given provisional certificates. Thereafter, they shall undergo and complete the ST Course provided by their respective ROs. Once the said training is completed and certificates are submitted to the PRI together with all the documents under Section 19 hereof, the Train Driver's Certificate and ID card shall be issued. Failure to complete both training and securing the certificates of the same, including the ID card, shall mean non-compliance with the required competencies set for train drivers.

SECTION 19. Qualifications.— An applicant for a Train Driver's Certificate must satisfy the following qualifications to be issued a train driver's certificate and ID card:

a. must be at least twenty-one (21) years old;

b. preferably with at least two (2) years of work experience in operations or maintenance of electromechanical components of the railway system;

c. underwent and completed the following training:

i. FT Course with a minimum of 320 hours; and

ii. ST Course conducted by the RO training facility or independent training center. For this purpose, the PRI shall develop circulars for the standards and conduct of the ST Course.

d. underwent and passed all required examinations:

i. medical examinations, the details of which are discussed in Annex "B";

ii. aptitude test relevant to train drivers as specified by the PRI;

iii. written examinations; and

iv. practical examinations.

The applicant has three (3) chances to pass the written and practical examinations under Sec. 19 (d) (iii-iv) after the required FT Course. Failure to pass the said requirements, the PRI shall inform the respective RO of the non-compliance with the required competencies set for train drivers.

SECTION 20. Requirements.— The ROs shall submit to the PRI an endorsement with the following necessary documents:

a. accomplished Application Form as certified by the RO Heed;

b. recent passport-size ID picture;

c. Provisional Certificate for FT Course issued by the PRI;

d. Certificate for ST Course issued by the RO training facility/independent training center;

e. Medical Certificate issued not more than six (6) months prior to the date of application;

f. results of the aptitude test; and

g. other documents that the ED may deem necessary.

SECTION 21. Issuance.— Within three (3) working days from receipt of all required documents from the RO, the PRI shall issue the train drivers' certificates and ID card, the contents of which are specified in Annexes "C" and "D",respectively. The ED shall specify the process of evaluating the applications and issuing the certificates and ID cards in a subsequent circular.

SECTION 22. Monitoring.— To ensure adherence to the requirements of this IRR, the ROs shall establish their own systems of monitoring their respective train drivers:

a. The ROs must monitor all train drivers employed by them. If the results of the monitoring call into question the train driver's competence for the job, the RO must immediately take any necessary action which may include requiring the train driver to undergo the relevant examinations or tests referred to in Section 19 (d).

b. RO's failure to take action pursuant to the preceding paragraph shall mean non-compliance with the required competencies for train drivers, thus, the certificate and ID Card of the concerned train driver cannot be issued.

A train driver who considers that his or her state of health calls into question his or her fitness to drive must immediately inform the RO by whom he or she is employed.

c. The RO's system of monitoring must also reflect the cessation from employment of any of its train drivers, as well as, the hiring of new train drivers and whether or not they already underwent the FT and ST Courses.

d. The PRI shall have an access to this monitoring system and may require the ROs to submit reports which can be derived from the said system.

SECTION 23. Registry of Train Drivers.— The PRI shall establish a registry of all issued train drivers' certificates and ID cards, including the type of train driver's certificate, restrictions, date of issuance, and the details of the train drivers' employment.

Document and data control processes for the registry, including the responsibilities of storage, preservation, access, retrieval, retention, and disposition shall be determined through the subsequent issuance of orders.

b. CERTIFICATION FOR OTHER RAILWAY PERSONNEL

SECTION 24. Certificates for Other Railway Personnel.— Prior to engagement in the RO, all other personnel must have certificates for the FT Course. There shall be one (1) certificate for each specialization listed in Section 10 (a) hereof. The said certificates, including the necessary training course, shall depend on the personnel's specialization. Whenever the RO decides to transfer an employee into another field of specialization, the said employee shall undergo the corresponding training course except those subjects under the competency previously completed. All data required to be reflected in the certificate are herein attached as Annex "C".

On the other hand, certificates for the ST Course shall be issued by the respective RO training facility or by the independent training center.

The personnel who failed to secure the certificates both for the FT and ST Courses shall be tantamount to a failure to satisfy the required competencies set for railway personnel.

SECTION 25. Requirements.— The following requirements must be satisfied to be issued certificates for the FT Course:

a. complete the FT Course conducted by the PRI or accredited RO training facility or independent training center; and

b. pass all required written and practical examinations.

SECTION 26. Monitoring.— To ensure adherence to the requirements of this IRR, the ROs shall establish their own systems of monitoring and maintain documented information regarding their respective personnel indicating the following information at minimum:

a. the names of all O&M personnel with their respective specializations;

b. the names of all non-O&M personnel with their respective office/area of assignment;

c. those who underwent the FT and ST Courses; and

d. certificates issued by the accredited RO training facility or independent training center for the ST Course.

All documented information mentioned above shall be maintained by the RO, ensuring their proper storage, access, and retrieval pursuant to the Data Privacy Act.

SECTION 27. Registry of Certificates.— The PRI shall establish a registry of all issued certificates according to the personnel's specialization.

Document and data control processes for the registry, including the responsibilities of storage, preservation, access, retrieval, retention, and disposition shall be determined through the subsequent issuance of orders.

c. CAPACITY DEVELOPMENT TRAINING

SECTION 28. Capacity Development Training.— Every after five (5) years, all railway personnel must complete the CDT to be conducted by the PRI and for train drivers to renew their ID cards. The certificate for completing the said CDT and train driver's ID card shall be issued upon:

a. completion of the CDT, including passing the required examinations;

b. passing the aptitude test for commercial train drivers as specified by the PRI;

c. submission of the results of the annual proficiency check (written examinations only) conducted by the RO for the past five (5) years; and

d. submission of the most recent medical examinations required under Section 19 (d) (i) hereof.

For non-commercial train drivers, depot train drivers, and other railway personnel, only Section 28 (a) and (d) are applicable.

d. REVOCATION OF CERTIFICATES

SECTION 29. Revocation of Certificate.— In the event that a railway personnel, including train drivers, committed a gross violation of the RO's internal rules and regulations (e.g.,gross negligence) which affected the quality of service delivered by the RO or compromised the safety of its operations, regardless of his/her dismissal from employment, the certificates awarded by the PRI to the said personnel shall be revoked upon determination with finality after the conduct of an administrative hearing by the CAD, as concurred by the ED.

e. ACCREDITATION

SECTION 30. System of Accreditation.— Prior to their operations, RO training facilities and independent training centers offering FT Courses to all railway personnel and ST Course to train drivers shall be accredited by the PRI. This is to ensure the quality of railway personnel and compliance with all the standards and requirements set by the PRI through subsequent circulars.

On the other hand, the ST Course for all other personnel shall be specific to the ROs, thus, the latter's training facilities or authorized independent training centers shall develop their own training curricula, syllabi, and materials. A subsequent circular shall also be issued on the matter.

In case of new railway lines, the ROs shall be given a period of one year from the start of the operations to develop and be accredited by the PRI.

SECTION 31. Requirements.— RO training facilities and independent training centers offering FT Courses and ST Course to train drivers shall be accredited based on the following:

a. valid business registration, license, and permit to operate in the Philippines (i.e.,Securities and Exchange Commission, Department of Trade and Industry, concerned Local Government Unit, whichever is applicable);

b. organization and management structure, as well as, the corresponding responsibilities;

c. quality management system and/or reports on monitoring and evaluation of training rendered;

d. safety management plan for the training facility;

e. proof of availability of classrooms, facilities, and equipment (hardware and software) conducive to learning and training activities;

f. personnel and equipment/facility plans considering the number of its projected trainees;

g. training courses which are compliant with the standards set by the PRI, including the academic rules such as the courses and subjects to be offered, the required number of hours, and specifying the subjects for written and practical examinations, and the training history, whenever applicable;

h. list and samples of textbooks and other training materials to be used, with a brief summary and proposed cost for each;

i. appointed Key Trainer/s pursuant to the qualifications set forth in Section 13 (a) hereof;

j. trainers with relevant training and work experience in human resources development, preferably, in railway transportation as per the qualifications set forth in Section 13 (b) and reflected in their resume and supporting documents;

k. competent personnel, including those outsourced personnel, responsible with the training facility's/center's management and operations as reflected in their resume and supporting documents;

l. after-training services to upgrade the personnel's skills in addition to the Fundamental Training, and system for tracking trainee-graduates;

m. list of available support services such as, but not limited to, medical clinic, canteen, career guidance services, and job-matching;

n. notarized Affidavit of Management Responsibility; and

o. notarized Affidavit attesting to the fact that the applicant is against graft and corrupt practices or that they have not been charged for Anti-Graft and Corrupt practices.

SECTION 32. Accreditation Process.— The RO training facilities or independent training centers shall undergo the following process:

a. Accomplish the Application Form.

b. Submit the accomplished Application Form and the required documents listed under Section 31 as attachments thereof to the PRI's CAD or through the PRI's online portal.

c. Within fifteen (15) working days from receipt of all the required documents, the CAD shall conduct an initial assessment by evaluating the application, taking into consideration the standards provided in this IRR and subsequent issuances of the ED. An interview with the management and ocular inspection of the RO training facility or independent training center and its facilities shall also be conducted as part of the evaluation.

d. After evaluation, the CAD shall recommend the approval or denial of the application for accreditation to the ED. All relevant documents shall be attached to the said recommendation.

e. The ED, within three (3) working days from receipt of the CAD's recommendation, shall then review the same. For this purpose, he or she may adopt, amend, or deny with justification the recommendation or direct the CAD to further review the application.

f. In case of approval, the ED shall sign the accreditation papers. The CAD shall then forward the signed accreditation papers to the applicant.

g. Otherwise, the notice of denial signed by the ED shall state the reason/s thereof and the steps needed to be accomplished to warrant approval. The entity may then re-apply once all requirements are satisfied.

SECTION 33. Effects of Accreditation.— Accreditation serves as an authority to offer and conduct training among railway personnel. Thus, no RO training facility, independent training center, or any other entity shall be authorized to conduct the FT Course to all railway personnel and the ST Course to train drivers unless the requirements of this IRR and subsequent circulars are complied with.

SECTION 34. Registry.— The PRI shall establish a registry of all accredited RO training facilities and independent training centers offering FT Course to all railway personnel and ST Course to train drivers.

f. QUALITY AUDITS

SECTION 35. Kinds of Quality Audits.— Audit committees to be spearheaded by the CAD shall conduct two (2) kinds of quality audit, as follows:

a. Internal Quality Audit of the PRI's Training Division and other PRI Instructors; and

b. External Quality Audit of accredited RO training facilities and independent training centers.

SECTION 36. Internal Quality Audit.— There shall be an annual internal quality audit of the PRI's Training Division and other PRI instructors to ensure that the training courses, including all instructors, training materials, and processes, are compliant with the provisions of this IRR and all other subsequent issuances of the ED. It shall also determine whether the services offered by the TD are still appropriate, responsive, and up to date.

In case the quality audit results to major/minor non-conformity/ies, corrective action/s must be made within the prescribed time to be determined by the ED pursuant to Section 38 hereof.

The PRI may also engage the services of a third party to conduct the internal audit every three (3) years to start after eighteen (18) months after the PRI building, training facilities, and equipment are completed, installed, and fully-operational.

SECTION 37. External Quality Audit.— For purposes of monitoring and keeping under continuous review the training courses, skills assessment, and examination of trainees, the accredited RO training facilities and independent training centers shall undergo annual external quality audits based on the standards set by the PRI. Whenever necessary as determined by the CAD, random assessments may also be conducted.

The quality of training courses offered, materials used, facilities, equipment, trainers, quality of trainee-graduates, processes, among others, shall be assessed. For this purpose, the RO training facilities and independent training centers shall make available all relevant documents and evidence to the PRI pursuant to the process set forth in relation to Section 38 hereof.

a. Accredited RO Training Facility

Major or minor non-conformity of the RO training facility shall merit the performance of corrective action/s to be determined in subsequent issuances pursuant to Section 38 hereof.

b. Accredited Independent Training Center

Non-conformity, whether major or minor, committed by an accredited independent training center shall also require the performance of corrective action/s to be determined in subsequent issuances pursuant to Section 38 hereof.

SECTION 38. Quality Audit Process.— The PRI shall determine the processes of internal and external quality audits, including the violations and their corresponding corrective actions/sanctions, and appeals to the quality audit results, through the subsequent issuance of guidelines.

ARTICLE V

Research and Development

SECTION 39. Research and Development Division.— There shall be a RDD that shall have the following functions:

a. identify, formulate, recommend, and advocate strategies on the development of HRD policies, plans, and procedures and guidelines;

b. identify and formulate the strategic short-,mid-,and long-term business plans and performance reports for the PRI, and update the same whenever necessary and practicable;

c. initiate coordination with the Department of Education, the Technical Education and Skills Development Authority, the Commission on Higher Education, Professional Regulation Commission, and the University of the Philippines-National Center for Transportation Studies, and relevant government agencies to assist in the formulation of guidelines on HRD and other matters related thereto, including relevant research, and issue technical standards to ensure competency of railway personnel;

d. initiate and establish partnerships with relevant international railway organizations, multilateral and bilateral development partners, including other stakeholders of the railway operators, suppliers, and service providers;

e. facilitate the acceptance of donations, grants, services, and assistance of all kinds from private and public sources, foreign governments, as well as international institutions, and ensure prior clearance and approval of relevant authorities;

f. submit reports as may be required by the ED; and

g. perform such other functions such as, but not limited to, policy recommendations to the DOTr.

The RDD shall be further sub-divided into two (2) sections with the following duties and functions:

Planning and Research Section

a. conduct policy reviews, studies, and research in the field of HRD for the railway sector;

b. prepare and submit plans and periodic performance reports of the PRI;

c. provide management with technical assistance on the preparation of budgetary requirements on the periodic planning and prioritization of programs, projects, and activities together with the budget proposals for such;

d. establish and manage Knowledge and Information Management Center for the PRI;

e. establish and maintain the database for human capital for the railway sector;

f. formulate and facilitate capacity development programs to continuously enhance the competence of PRI instructors and personnel; and

g. perform such other functions related to policy research and development.

Institutional and Human Skills Section

a. formulate, develop, and publish training curricula, materials, textbooks, and instructors' manuals involving Institutional Framework, Human Skills and Essential Values in the Workplace, and Technical Skills in order to develop and/or upgrade the competencies of railway personnel;

b. conduct the training module in the RT and FT Courses to railway personnel with respect to Institutional Framework, Human Skills and Essential Values in the Workplace, and Technical Skills;

c. prepare instructor's guide and teaching manuals on Institutional Framework Human Skills and Essential Values in the Workplace, and Technical Skills;

d. monitor compliance with the guidelines and delivery of training on Institutional Framework, Human Skills and Essential Values in the Workplace, and Technical Skills;

e. assist in the formulation and conduct of capacity development programs to upgrade the competencies of PRI instructors and personnel, with respect to Institutional Framework, Human Skills and Essential Values in the Workplace, and Technical Skills;

f. facilitate the delivery and assessment of training courses training paraphernalia for core subjects and topics; and

g. perform such other functions related to railway training materials development and delivery for core competencies.

ARTICLE VI

Administrative and Finance

SECTION 40. Administrative and Finance Division.— There shall be an AFD, which shall be divided into three (3) sections, with the following duties and functions:

a. develop plans and policies on human resources management, assets and properties, procurement, and storage and distribution of supplies;

b. provide management with the necessary financial information in order to help other operating divisions in planning, directing, and coordinating their programs, projects, and activities;

c. develop and implement policies on administrative services and records management;

d. submit required reports on budgetary allocation, utilization and performance reports in coordination with the RDD;

e. submit required reports on financial management including financial statements, collection, and disbursements of funds;

f. adhere to sound accounting and auditing practices and be guided by circulars and other issuances of the DBM, Commission on Audit, and CSC;

g. establish and implement rules and regulations on the collection of reasonable fees, dues, or assessments relative to certification and accreditation, and ensure prior clearance and approval of relevant authorities; and

h. perform such other functions related to administrative and finance services.

Administrative Section

a. provide support services in terms of human resources management;

b. provide support services on the implementation of administrative and records management procedures; and

c. perform such other functions related to administrative management.

Asset Management Section

a. provide support services in terms of asset management including storage and distribution of supplies;

b. develop and implement maintenance plans of the PRI building, training facilities, and equipment, including IT facilities;

c. conduct periodic inventory of all assets and properties and ensure periodic maintenance of the same; and

d. perform such other functions related to asset management.

Financial Management Section

a. prepare and submit required reports on budgetary allocation, utilization and performance reports in coordination with the RDD and subject to relevant government accounting rules and regulations;

b. prepare and submit required reports such as financial statements, collection, and disbursements of funds;

c. assist in the implementation of rules and regulations on the collection of reasonable fees, dues, or assessments relative to certification and accreditation, and ensure prior clearance and approval of relevant authorities; and

d. perform such other functions related to financial management.

ARTICLE VII

Sources of Fund

SECTION 41. Funding.— The initial budget of the PRI shall be sourced from the available funds of the DOTr. Appropriations for the succeeding years shall be incorporated in the annual budget proposal of the DOTr.

SECTION 42. Fees and Charges.— Except for the conduct of the RT Course, fees shall be collected for all training offered by the PRI regardless of whether the railway personnel are employees of a public or private railway operator. Fees shall also be collected for the accreditation of RO training facilities and independent training centers. Subsequent guidelines shall be issued to further discuss the said collection of fees.

SECTION 43. Donations/Grants.— The PRI may, through the DOTr, accept donations, grants, services, and assistance of all kinds from private and public sources, foreign governments, as well as international, bilateral, and multilateral institutions, and utilize the same for the purposes set forth in the EO. The said acceptance shall be facilitated by the RDD.

ARTICLE VIII

Transitory Provisions

SECTION 44. Refresher Training Course.— All existing railway personnel shall undergo the RT Course to be conducted by the PRI free of charge and be issued certificates upon completion of the same.

Every after five (5) years from the issuance of the said certificates, they shall undergo and complete the CDT pursuant to Section 28 hereof. The five-year duration of all certificates issued during the transition period and thereafter, until all existing personnel have finished the RT Course, may be extended whenever necessary as determined by the PRI.

Subsequent circulars detailing the conduct of the RT Course and the CDT by the PRI shall be issued.

SECTION 45. Fundamental Training Course.— In case the PRI building, facilities, and equipment are not yet fully operational and there is a need to start the FT-Course, all new railway personnel, including train drivers, shall continue their respective practical training in facilities to be arranged with existing ROs.

SECTION 46. Systems Training Course.— In case of existing ROs, they shall be given six (6) months from the issuance of the circular on ST Course to develop and implement their respective training for all sub-system.

On the other hand, in case the new ROs have not yet developed their ST Course, they shall be given a period of one (1) year from the start of their operations to develop and implement their respective training. However, all new railway personnel are still required to undergo and complete the FT Course. For train drivers, only after completing both the FT and ST Courses shall the train driver's certificate and ID card be issued.

SECTION 47. Start of Accreditation.— The accreditation of RO training facilities and independent training centers offering FT Courses to all railway personnel and ST Course to train drivers shall commence twelve (12) months after the PRI building, training facilities, and equipment are completed, installed, and fully-operational.

SECTION 48. Start of External Quality Audit.— To give the RO training facilities or independent training centers enough time to comply with the standards and requirements set by the PRI, as well as prepare the necessary documents, the following are established:

a. The annual external quality audit assessment shall start three (3) years after their accreditation.

b. During the said three-year period, the RO training facilities and independent training centers are enjoined to comply with all the requirements necessary for accreditation and quality audit. A preliminary quality audit shall be conducted at the end of the second year in preparation for the start of annual external quality audit.

ARTICLE IX

Final Provisions

SECTION 49. Amendments.— Amendments to any of the provisions of this IRR, including its Annexes, must undergo legal review to ensure that the same are in line with the EO, and publication in the Official Gazette or in a newspaper of general circulation and upon filing with the University of the Philippines Law Center.

SECTION 50. Separability Clause.— If, for any reason, any section or provision of this IRR is declared unconstitutional or invalid, the other sections or provisions hereof not affected by such declaration shall remain in full force and effect.

SECTION 51. Effectivity Clause.— This IRR shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation and upon filing with the University of the Philippines Law Center.

(SGD.) ARTHUR P. TUGADE

Secretary

ANNEX A

Organizational Structure of the Philippine Railways Institute

ANNEX B

Medical Requirements for Train Drivers

Pursuant to Section 19 (d) (i) of the IRR, the following medical requirements are necessary for the issuance of train driver's certificate and ID card:

A. General Requirements — Train drivers must not be suffering from any medical condition/s or be taking any medical medication, drugs, or substances which are likely to cause:

1. sudden loss of consciousness;

2. reduction in attention or concentration;

3. sudden incapacity;

4. loss of balance or coordination; and

5. significant limitation of mobility.

B. Vision — The following requirements with regard to vision must be complied with:

1. both eyes should have at least 20/20 vision, whether aided or unaided;

2. normal near and intermediate vision, whether aided or unaided;

3. normal color vision, whether aided or unaided (to be tested through the use of recognized test such as Ishihara);

4. normal field of vision;

5. effective binocular vision;

6. authorized use of clear contact lenses and glasses when periodically checked by a specialist;

7. good sensitivity to contrasts;

8. no progressive eye disease;

9. ability to withstand glare/bright light; and

10. non-use of colored contact lenses and photochromatic lenses but UV filter lenses are allowed.

C. Hearing and Speaking — The following hearing and speaking requirements must be complied with:

1. sufficient hearing (i.e.,hearing is good enough to hold a phone conversation and be able to hear warning sounds and radio messages);

2. no chronic speech disorder; and

3. use of hearing aids is allowed in special cases.

D. Addiction — The train driver should not have addiction to:

1. alcohol;

2. drugs; and

3. any other substances which may affect train driving.

E. Other Diseases — The train driver must not be suffering from any of the following diseases:

1. heart disease as indicated in the results of an Electrocardiogram (ECG) at rest;

2. mental and neurological disorder to be tested through neuro-psychiatric examinations;

3. communicable diseases as reflected in urinalysis and blood test; and

4. any other diseases or physical problems which may affect train driving.

F. Pregnancy — In the event of poor tolerance of a pathological condition, pregnancy must be considered a reason for the temporary exclusion of train drivers in the certification and ID system.

ANNEX C

Contents of the Certificates

The certificates must contain:

1. the name of the issuer (i.e.,the PRI, accredited RO facility, or any accredited training center);

2. information specific to the certificate issued, as follows:

a. surname, first, and middle names of the holder;

b. certificate number giving access to data in the register referred to in Sections 23 and 27;

c. date of issuance of the certificate;

d. the specific training course which the holder thereof completed;

• For train drivers, the type of certificate and restrictions must also be specified.

e. number of hours spent in training; and

f. a provision which states that the holder thereof passed all written and practical examinations required by the training.

3. signature of the ED; and

4. with the official seal of the PRI.

ANNEX D

Contents of the Train Driver's ID Card

A. The front of the ID card must contain the following:

1. words "Republic of the Philippines";

2. the Institute's official logo and the words "Philippine Railways Institute";

3. words "Train Driver's Identification Card";

4. surname, first, and middle names of the holder;

5. holder's nationality;

6. information specific to the ID card, as follows:

a. driver type (i.e.,commercial, non-commercial, depot);

b. ID card number giving access to data in the register referred to in Section 23;

c. date of issuance of the ID card; and

d. date of expiry of the ID card.

7. date of birth of the holder;

8. blood type of the holder;

9. height of the holder;

10. a photograph of the holder; and

11. ED's signature.

B. On the other hand, the back of the ID card shall reflect the following information:

1. signature of the holder;

2. conditions specific to the holder (e.g.,wear eyeglasses);

3. restrictions particular to the holder (i.e.,electric or diesel);

4. name of the RO to which the holder is employed;

5. contact person in case of emergency; and

6. other information which the ED deems necessary.