LAWS

Republic of the Philippines

AUTONOMOUS REGION IN MUSLIM MINDANAO

OFFICE OF THE REGIONAL GOVERNOR

Cotabato City

EXECUTIVE ORDER NO. 2

Series of 2002

RE-ORGANIZING THE REGIONAL PORTS AUTHORITY (RPA) INTO THE REGIONAL PORTS MANAGEMENT AUTHORITY 9RPMA0 STRENGTHENING IT AND FOR PURPOSES, amending for the purpose Executive Order No. 11, entitled “ ORGANIZING THE INTERM REGIONAL PORTS AUTHORITY IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO, CONSTITUITING IT SKELETAL STAFF AND PROVIDING FUNDS THEREOF”

          WHEREAS, Sec. 1, Article IV of Republic of Act No. 9054, provides for the exercise by the Regional Government of those powers and functions expressly granted to it in the Organic Act, or those powers necessary for or incidental to the proper governance and development of all the constituent units within the Autonomous Region consistent with the policy on regional and local autonomy and decentralization;

            WHEREAS, Sec. 3, Article XVIII, or R.A. 9054 mandates the transfer from the national government to the autonomous region of such powers and agencies (inclusive of government owned and controlled corporations that may be absorbed) including the transfer of properties assets and liabilities, and such personnel as may be necessary;

            WHEREAS, The Oversight Committee, the committee tasked to supervise the transfer from the national government to the Autonomous Government have not as yet competed its tasked as enjoin by law;

            WHEREAS, Executive Order 435, has initially devolved certain powers, functions and responsibilities of the Philippines Ports Authority to the Autonomous Region Government (ARG) of the ARMM.

            NOW THEREFORE, I DR. PAROUK S. HUSSIN, Regional Governor of the Autonomous Region in Muslim Mindanao, by virtue of the powers vested in me by R.A. No. 9054, do hereby order.

            Section 1. Organization of the Regional Ports Management Authority – there is hereby created a Regional Ports Management Authority (RPMA) to carry out in the meantime the powers, functions and responsibilities already devolved by the National Government particularly the Philippine Ports Authority to the Autonomous Region in Muslim Mindanao pertaining to port management and administration as prescribed and define Executive Order No. 435 and Department Order No. 293, implementing Republic Act 6734, as follows:

a.       To formulate, in coordination with the regional development office and other regional agencies, a comprehensive port development plan for the ARMM, to review and update the implementation of these plans;

b.      To supervise, control, regulate, construct, maintain, operate and provide the necessary facilities and service needed in all these ports within the ARMM;

c.       To prescribed rules and regulations, procedures and guidelines governing the establishment, construction, maintenance and operation of additional ports, both public and private, within the ARMM;

d.      To license, control, regulate and supervise any construction of structure within any port in the ARMM;

e.       To provide services (whether on its own, by contract or otherwise) within the region approaches thereof including but not limited to:

e.1. berthing, towing, mooring, moving, slipping or docking any vessel;

e.2. loading or discharging any vessel;

e.3. sorting, weighing, measuring or otherwise, handling goods.

f.        To control, regulate and supervise pilotage and the conduct of pilots in any port within the ARMM;

g.      To provide or assists in the provision of training programs and facilities for its staff or those of the port operators and users for the efficient discharge of its functions, duties and responsibilities;

h.      To exercise corporate powers and police authority now vested in the Philippine Ports Authority, provided that these powers shall not extend to the areas outside the autonomous region; and

i.        To perform such other functions such services as may be deemed proper and necessary to carry out and implement the provisions of the Executive Order.

Section 2. Board of Directors – The Regional Ports Management authority (RPMA) shall have a Governing Board of seven (7) members. The board shall serve as the policy making body of the RPMA and shall be composed of:

a.       The Regional Governor – Chairman

b.      Secretary of DOTC-ARMM – Vice Chairman

c.       Regional Treasurer – Member

d.      Representative of the Legislative Assembly – Member

e.       Private Sector (Management preferably from the ship owners association) – Member

f.        Private Sector ( Labor preferably organized Labor Organization in the Ports) – Member

g.      Regional Ports Manager – Ex Officio member with no voting rights.

Section 3. Management Head – The management of the Authority shall be vested in the General Manager who shall be directly assisted by two Assistant Managers, on for Administration and finance and the other for Operation; and Port Managers of the various ports and sub-ports under the jurisdiction of the Autonomous region in Muslim Mindanao.

Section 4. Management Staff

a.       The General Manager, the Assistant General Manager and the Port Managers shall be appointed by the Regional Governor for a term of three (3) years; provided that upon the expiration of their respective terms, they shall continue to serve until their successors shall have been appointed and qualified: Provided further, that no vacancy shall have be filled expert for the unexpired portion of the term of the term: Provided finally, that the Regional Governor may remove the General Manager, Assistant General Managers and Port Managers from office for cause upon the recommendation of the Board;

b.      All other officials and employees of the Authority shall be selected and recommended by the General Manger and appointed by the Regional Governor consistent with Civil service Rules and Regulations. Provided however that all professional and technical positions shall be considered policy determining, primarily confidential and highly technical in nature;

c.       The General Manager shall, subjected to the approval of the Board, determine the staffing pattern and the numbers of personnel of the Authority, define their duties and responsibilities, fix their salaries and emoluments. For professional and technical positions, the General Manager shall recommend salaries and emoluments that are comparable to those of similar positions in other Government-Owned and Controlled Corporations (GOCC), the provisions of existing rules and regulations on wage and position classification not withstanding;

d.      Personnel Complement and Distribution, In the interim, the RPMA shall initially have a personnel complement of thirty five (35) personnel, broken down as follows:

d.1. Regional Office                                                             -Ten(10)

d.2. Polloc Port Management Office                                  -Ten(10)

d.3. Jolo Port Management Office                                      -Five(5)

d.4. Tawi-Tawi Port Management Office                           -Five(5)

d.5. Sulu Port Management Office                                     -Five(5)

The personnel complement of the RPMA may be increased defending on the requirement of the various ports.

Section 5. Funding Support – Funding for the personnel, maintenance operation of the RPMA shall initially be taken from the local funds already appropriated by the Regional Legislative Assembly (RLA) for the Regional Ports Authority – ARMM. Such other funds as may be released by the National Government and the PPA intended for the ports in the five (5) component provinces of the ARMM.

Section 6. Collection and Remittances – All income from fees, dues, wharfage, rentals of ports facilities collected and received in the various ports within the Autonomous Region in Muslim Mindanao by port collecting agents shall be remitted to the account of Regional Treasurer. The manner and regularity of remittance shall be prescribed by the Board.

Section 7. Trust Fund – drawn out of the Forty Percent (40%) remitted collection by the Regional Ports Management Authority and other ports of the Office of the Regional Treasurer is hereby established for the exclusive use of the Regional Ports Management Authority.

The disposition of his Trust Fund shall be determine by the Board.

The remaining Sixty Percent (60%) shall be incorporated to the total revenue of the ARMM and be utilized in accordance with the appropriation act passed by the Regional Legislative Assembly.

Section 6. Separability Clause – If, for any reason, any part or provision of this Executive Order shall be held unconstitutional or invalid other part or provisions hereof which are not affected shall continue to be in full force and effect.

Section 9. Repealing Clause – All orders, rules and regulations, and other issuances or parts thereof, which are inconsistent with this Executive Order, are hereby repealed modified accordingly.

Section 10. Effectivity – This Executive Order shall take effect fifteen (15) days after its publication in any regional newspaper of generic circulation within the Autonomous Region.

Done in the City of Cotabato this ________________________ day of _______________ in the year Two Thousand Two.

 (Sgd) DR. PAROUK S. HUSSIN

               Regional Governor