Office of the President

of the Philippines

Malacañang

MEMORANDUM ORDER NO. 397

RECONSTITUTING AND STRENGTHENING THE

METRO MANILA LAND TRANSPORTATION COORDINATING COUNCIL

AND FOR OTHER PURPOSES

WHEREAS, Presidential Decree No. 824 (1975), Presidential Decree No. 1265 (1977), Presidential Decree No. 1605 (1978), Executive Order No. 78-07 (Series of 1978), Executive Order No. 9 (Series of 1986), and Executive Order No. 392 (Series of 1989) have been issued and promulgated granting the Metropolitan Manila Authority powers and responsibilities in the management of traffic in Metropolitan Manila;

WHEREAS, Republic Act No. 4136 (1964), Executive Order No. 125 (Series of 1987) and Section 3, Chapter 1, Title XV, Book IV of the Administrative Code of 1987 also vests the Department of Transportation and Communications with powers and functions relative to traffic management;

WHEREAS, the provisions of National Emergency, Memorandum Order No. 15 (Series of 1990) designated the Secretary of the Department of Transportation and Communications as the responsible official for the enforcement of land transportation and traffic laws, rules and regulations during the period of the national emergency referred to therein;

WHEREAS, Section 35 of Republic Act No. 6975 (1990) charges the Traffic Management Unit of the Philippine National Police with the enforcement of traffic laws and regulations;

WHEREAS, Memorandum Circular No. 48 (Series of 1988), Memorandum Order No. 191 (Series of 1988) and Memorandum Order No. 245 (Series of 1989) created several coordinating bodies chaired by the Metropolitan Manila Authority and co-chaired by the Department of Transportation and Communications to develop an integrated traffic improvement plan for Metropolitan Manila; and to formulate and review programs, policies, laws, rules and regulations; to identify and resolve issues and problems and to coordinate all policies, programs/projects and efforts pertaining to land transportation;

WHEREAS, due to the presence of various agencies undertaking the planning, policy-formulation, maintenance, management and enforcement of traffic, the necessity exists to rationalize the overall traffic management in Metropolitan Manila; and

WHEREAS, to ensure a more comprehensive and effective coordination of traffic management in Metropolitan Manila and to provide a unified and central command on traffic enforcement therein require the reconstitution and the strengthening of the Metro Manila Land Transportation Coordinating Council as the sole authority with the responsibility of handling traffic management in the area;

FOR THE FOREGOING REASONS, the following are hereby directed:

SECTION 1. The Metro Manila Land Transportation Coordinating Council, hereinafter referred to as the Council, is hereby reconstituted, as follows:

Chairman:
–
Metropolitan Manila Authority

Members:
–
Office of the President Department of

Transportation and Communications

Department of Public Works and Highways.

Philippine National Police.

SECTION 2. In addition to the following functions prescribed by the provisions of Memorandum Order No. 245, the Council shall have the authority to use funds specified under Section 4 of Presidential Decree No. 1605 allocated by the Metropolitan Manila Authority for the said Council for the operational needs and the implementation of policies and programs on traffic management:

a. To review existing policies, programs, laws, rules and regulations on land transportation;

b. To identify and resolve issues and problems affecting land transportation;

c. To formulate and recommend to the President, the Department of Transportation and Communications, the Department of Public Works and Highways and other appropriate agencies policies, strategies and measures aimed at improving the land transportation system; and

d. To coordinate all policies, programs, projects and efforts pertaining to land transportation.

SECTION 3. The Council shall have authority to call upon any department, bureau, office, agency or any instrumentality of the Government, including government-owned and controlled corporations, and public service or utility companies for any assistance as it may deem necessary in the discharge of its duties and functions. The Council shall also encourage the participation of the private sector in the implementation of its plans on traffic management.

SECTION 4. The Council shall have three (3) Task Forces. The Task Forces shall be composed of the heads of the agencies responsible for the enforcement, engineering and education and planning aspects of traffic management. These Task Forces are:

a. The Task Force on Enforcement which shall be headed by the Philippine National Police, with the Metro Manila Authority and the Department of Transportation and Communications as members.

It shall be responsible for the improvement of the enforcement of traffic laws, rules and regulations.

b. The Task Force on Engineering which shall be headed by the Department of Public Works and Highways, with the Department of Transportation and Communications, the Metro Manila Authority and the Local Government Units as members.

It shall assist and coordinate the improvement and maintenance of road networks and traffic facilities in order to have an effective transportation system.

c. The Task Force on Education and Planning which shall be headed by the Department of Transportation and Communications, with the Department of Education, Culture and Sports, the Department of Public Works and Highways, the Philippine National Police, the Metropolitan Manila Authority and the Philippine Information Agency as members.

It shall be responsible for the implementation of an extensive traffic education program and the preparation of traffic plans, programs and projects.

SECTION 5. A Traffic and Transportation Secretariat, hereinafter referred to as the TTRANSEC, is hereby organized to provide technical and secretariat support to the Council. The TTRANSEC shall be composed of the following:

Chairman
–
Metropolitan Manila Authority

Co-Chairman
–
Department of Transportation and Communications

Members
–
Department of Public Works and Highways

Department of Education, Culture and Sports

Philippine National Police

Traffic Engineering Center Transport Training Center

Land Transportation Office

Land Transportation Franchising and Regulatory Board

DOTC Action Center

Representatives from the Public Service or Utility Companies.

(i.e., PLDT, MERALCO, MWSS and Manila Gas Corp.)

SECTION 6. The TTRANSEC shall have the following functions:

a. Recommend policy measures and plans to the Council and review programs and policies regarding traffic management;

b. Monitor the implementation of policies and programs formulated by the Council;

c. Coordinate the activities of the Task Forces;

d. Provide secretariat support to the Council; and

e. Perform such other functions as the Council may direct.

SECTION 7. The Philippine National Police shall have full operational direction, control and supervision over all traffic commands/authorities/aides designated/deputized/assigned/hired/employed by the Department of Transportation and Communications, the Metro Manila Authority, the Local Government Units or by the other agencies involved. However, administrative supervision over the personnel shall remain with their respective mother agencies.

SECTION 8. The Council shall issue the necessary guidelines to effectively implement this Memorandum Order.

SECTION 9. All properties, equipment and facilities of all traffic commands/offices/agencies used for traffic operations and management shall be placed at the disposal of the Council.

SECTION 10. All issuances, rules and regulations or provisions thereof which are inconsistent or in conflict with the provisions of this Order are hereby repealed or modified accordingly.

SECTION 11. This Memorandum Order shall take effect immediately.

By authority of the President:

(Sgd.) FRANKLIN M. DRILON
Executive Secretary

23 September 1991, Manila, Philippines.

Source: CDAsia