Administrative Code of 1987/Book IV/Title XV/Chapter 2

by Corazon Aquino

Layout 2

Chapter 2—Department Proper

Sec. 5. Office of the Secretary.—The Office of the Secretary shall consist of the Secretary, his immediate staff, the Franchising Review Staff and the Investigation, Security and Law Enforcement Staff.

The Franchising Review Staff shall be headed by a Review Staff Director with the same rank, salary and privileges of a Department Regional Director who shall be appointed by the President upon the recommendation of the Secretary. The Franchising Review Staff shall assist the Secretary in the review of cases and matters pertaining to, among others, grants of franchises and the regulation thereof.

The Investigation, Security and Law Enforcement Staff shall be headed by a Staff Director with the same rank, salary and privileges of a Department Service Chief. The Investigation, Security and Law Enforcement Staff shall be responsible for: (a) providing security and intelligence for the Department; (b) coordinating security and intelligence activities of security units of its offices and attached agencies; and (c) undertaking law enforcement, functions and activities relating to land transportation.

Sec. 6. Undersecretaries.—The Secretary shall be assisted by four (4) Undersecretaries. Each Undersecretary shall have control and supervision over the respective offices and services assigned to him by the Secretary.

Sec. 7. Assistant Secretaries.—The Secretary shall also be assisted by eight (8) Assistant Secretaries each of whom shall be responsible for the four (4) staff offices and four (4) line offices. Each Assistant Secretary shall report to the respective Undersecretary to whom he is assigned by the President.

Sec. 8. Staff Offices.—The Department shall have the following staff offices:

(1) The Office of the Assistant Secretary for Administrative and Legal Affairs composed of the Administrative Service and the Legal Service;

(2) The Office of the Assistant Secretary for Finance and Comptrollership composed of the Finance and Management Service and the Comptrollership Service;

(3) The Office of the Assistant Secretary for Planning and Project Development composed of the Planning Service and the Project Development Service; and

(4) The Office of the Assistant Secretary for Management Information and Project Management composed of the Management Information Service and the Project Management Service.

Sec. 9. Line Offices.—The Department shall have the following line offices:

(1) The Office of the Assistant Secretary for Land Transportation;

(2) The Office of the Assistant Secretary for Postal Services;

(3) The Office of the Assistant Secretary for Telecommunications; and

(4) The Office of the Assistant Secretary for Air Transportation.

The line offices shall each have an Executive Director who shall assist the respective Assistant Secretary in the implementation and enforcement of the policies, programs and projects, and the pertinent laws on ther respective areas of responsibilities.

Sec. 10. Service Units in the Office of the Assistant Secretary for Land Transportation.—There shall be two service units in the Office of the Assistant Secretary for Land Transportation, namely:

(1) Law Enforcement Service, and

(2) Traffic Adjudication Service.

Each of the aforesaid service units shall be headed by a Service Chief to be appointed by the President upon recommendation of the Secretary of Transportation and Communication.

Sec. 11. Functions of the Law Enforcement Service.—The Law Enforcement Service shall have the same functions and powers as those that the former Law Enforcement Division in the Office of the Assistant Secretary for Land Transportation exercised.

Sec. 12. Functions of the Traffic Adjudication Service.—The Traffic Adjudication Service shall have the following powers and functions:

(1) To hear and decide cases involving violations of laws, rules and regulations governing land transportation and to impose fines and/or penalties therefor; provided that violations resulting in damage to property and/or physical injuries or violations constituting offenses punishable under the Revised Penal Code and other penal laws shall be under the jurisdiction of the regular courts;

(2) To order the impounding of motor vehicles and confiscation of plates or the arrest of violators of laws, rules and regulations governing land transportation;

(3) To issue subpoena and subpoena duces tecum and to summon witnesses to appear in any proceedings thereof, and to administer oaths and affirmations;

(4) To promulgate rules and regulations governing the proceedings before it; provided that except with respect to paragraph C, the rules of procedure and evidence prevailing in the courts of law shall not be controlling and all reasonable means to ascertain the facts in each case shall be used without regard to technicalities of law and procedures but all in the interest of due process; and

(5) To perform such other functions and duties as may be provided by law, or as may be necessary, or proper or incidental to its powers and functions.