Presidential Decree No. 860 (PD 860) — Amending the Title and Certain Sections of Presidential Decree Numbered Four Hundred Ninety Two, Entitled "Creating the Manila Transit Corporation, Appropriating the Funds Therefor and for Other Purposes."
WHEREAS, under Presidential Decree Numbered Four Hundred
Ninety Two dated June 27, 1974, it has been declared to be the policy of
the State to rationalize and integrate public transportation services;
and
WHEREAS, with the integration of the four (4) cities and
thirteen (13) municipalities of Metro Manila, it becomes necessary to
amend certain section of Presidential Decree Numbered Four Hundred
Ninety Two in order to expedite the rationalization and integration of
public transportation services in Metropolitan Manila;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree and order:
SECTION 1. The title of Presidential Decree Numbered Four
Hundred Ninety Two is hereby amended to read as follows:
"CREATING THE METRO MANILA TRANSIT CORPORATION,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES."
All succeeding sections making reference to the Manila Transit
Corporation are hereby amended so as to read Metro Manila Transit
Corporation.
SEC. 2. Section 2 of the same Presidential
Decree is hereby amended to read as follows:
"SECTION 2. Metro Manila Transit Corporation Creation
and Purpose. To implement state policy and pursue the objectives set
forth in the preceding section, there is hereby created a body
corporate to be known as the Metro Manila Transit Corporation which
shall have its principal place of business in Metropolitan Manila. It
may establish such branches and agencies within the Philippines as may
be necessary for the proper conduct of its business."
SEC. 3. Section 3(g) and (1), fourth paragraph, of the same
Decree are hereby amended to read as follows:
"SECTION 3(g) x x x. To manage and operate a public
transport system or public services within Metropolitan Manila in
accordance with the above-stated policy objectives: Provided,
That whenever authorized by the President of the Philippines, it may
extend its area of operation anywhere in the Philippines: And,
provided further, That such authority is not necessary when the
extension of its operation outside Metropolitan Manila is for the
purpose of protecting its business interests."
"SECTION 3(i) x x x. The loans, credits and indebtedness
contracted under this subsection and the payment of the principal,
interest and other charges thereon, as well as the importation of
machineries, equipment, materials, supply and services, by the
Corporation, paid from the proceeds of any loan, credit or indebtedness
incurred under this act, or from its own funds, shall also be exempt
from all direct and indirect taxes, fees, imposts and other charges and
restrictions, including import restrictions previously and presently
imposed, and to be imposed by the Republic of the Philippines, or any of
its agencies and political subdivisions."
SEC. 4. Section 5 of the same Decree is hereby amended to
read as follows:
"SECTION 5. Board of Directors. The Corporation
shall be governed and its activities shall be directed, controlled and
managed by a Board of Directors that shall be composed of six (6)
ex-officio members, namely: the General Manager or Governor of the
Metropolitan Manila Commission who shall act as Chairman, the Secretary
of Public Works, Transportation and Communications (or the successor
Department with respect to Transportation) who shall act as
Vice-Chairman, the Secretary of National Defense, the Secretary of
Industry, the Secretary of Finance, the Secretary of Public Highways,
and one (1) other member to be appointed by the President of the
Philippines. The appointive director shall serve for a term of two (2)
years. "The ex-officio members of the Board shall designate any
official in their office who shall serve as alternate members. They
shall attend the meetings of the Board whenever their principals are
absent or the said positions are vacant and shall receive the same
benefits and privileges as their principals."
SEC. 5. The same Decree is hereby amended by inserting
between Sections 6 and 7 thereof a new section, to be known as Section
6-A, which shall read as follows:
"SECTION 6-A. Supplies and Services other than
Personnel. All purchase of supplies or contracts for services,
except for personal services, entered into by the Corporation, shall be
done through competitive public bidding: Provided, That bidding
shall not be required when an emergency, as certified by the corporation
President and General Manager, requires immediate delivery of the
supplies or performance of the services, and the aggregate amount
involved in any one purchase of supplies or procurement of services does
not exceed ten thousand pesos, in which case, such purchase or
procurement may be made in the usual course of business: Provided,
further, That the Corporation's emergency purchase of supplies and
services shall not exceed the amount of fifty thousand pesos for any one
month: Provided finally, That in comparing bids and in making
awards, the Corporation shall consider such factors as the cost and
relative quality and adaptability of supplies or services; the bidder's
financial responsibility, skill, experience, integrity, and ability to
furnish repairs and maintenance services; the time of delivery or
performance offered; and the bidder's compliance with the specifications
desired."
SEC. 6. The aforementioned Decree is further amended by
inserting between Sections 8 and 9 thereof a new section, to be known as
SEC 7. Repealing Clause. The provisions of existing
laws, decrees, executive orders and regulations, or parts thereof, in
conflict with the provisions of this Decree are hereby repealed or
modified accordingly.
SEC. 8. Effectivity. This Decree shall take
effect immediately.
Done in the City of Manila, this 25th day of December, in the
year of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant
Section 8-A, which shall read as follows:
"SECTION 8-A. Exemption from the Public Service Act.
The Metro Manila Transit Corporation shall not be subject to the
authority, supervision, control and jurisdiction of the Board of
Transportation or any similar regulatory body."
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
