PRESIDENTIAL DECREE NO. 101, January 19, 1973

EXPEDITING THE METHODS IN PRESCRIBING, REDEFINING OR MODIFYING THE LINES AND MODES OF OPERATION OF PUBLIC UTILITY MOTOR VEHICLES IN THE PHILIPPINES

Presidential Decrees January 19, 1973



WHEREAS, in the Greater Manila Area, the
bigger towns and cities in the Philippines, and the main roads
connecting them, there exists serious traffic congestion and disorder
that have been causing accidents and delays in travel, which are highly
detrimental to public safety and convenience and to the functions of
commerce, industry, and the Government;

WHEREAS, in many parts of the country, due
partly to inadequacy of transportation facilities, there have abounded
unauthorized operators of public utility motor vehicles (“colorum” and
“kabit”), who have clandestinely operated in violation of the penal
provisions of existing law, rendered unregulated, unsafe or sub-standard
service, put up unfair competition to legitimate operators, and
deprived the Government of considerable amounts of taxes and fees;

WHEREAS, it is the policy of the State, as
swiftly as possible, to improve the deplorable condition of vehicular
traffic, obtain maximum utilization of existing public service motor
vehicles, eradicate the harmful and unlawful trade of clandestine
operators by replacing or allowing them to become legitimate and
responsible operators, and update the standards that should henceforth
be followed in the operation of public utility motor vehicles; and

WHEREAS, to carry out this national policy, it
is imperative to provide, among other urgently needed measures, more
expeditious methods in prescribing, redefining, or modifying the lines
and modes of operation of public utility motor vehicles that now or
hereafter may operate in this country;

NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers vested in me by
the Constitution as Commander-in-Chief of the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, do hereby
promulgate this Decree.

SECTION 1. Powers of the Board of
Transportation
. — Notwithstanding the provisions of existing law to
the contrary, the Board of Transportation, in carrying out the declared
national policy, shall have the power:

  1. To prescribe, redefine or modify the lines, routes, or
    zones of service of operators that now or hereafter may operate public
    utility motor vehicles in the Philippines.
  2. To grant special permits of limited term for the operation
    of public utility motor vehicles as may, in the judgment of the Board,
    be necessary to supplement and render adequate the service in any area,
    as a consequence of the modification of lines, routes or zones of
    service undertaken pursuant to this Decree.
  3. To grant special permits of limited term for the operation
    of public utility motor vehicles as may, in the judgment of the Board,
    be necessary to replace or convert clandestine operators into legitimate
    and responsible operators.
  4. To fix just and reasonable standards, classification,
    regulations, practices, measurements, or service to be furnished,
    imposed, observed, and followed by operators of public utility motor
    vehicles.

SEC. 2. Exercise of powers. — In the
exercise of the powers granted in the preceding section, the Board shall
proceed promptly along the method of legislative inquiry.

Apart from its own investigation and studies, the Board in its
discretion, may require the cooperation and assistance of the Bureau of
Transportation, the Philippine Constabulary, particularly the Highway
Patrol Group, the support agencies within the Department of Public
Works, Transportation and Communications, or any other government office
or agency that may be able to furnish useful information or data in the
formulation by the Board of any policy, plan, or program in the
implementation of this Decree.

The Board may also call conferences; require the submission of
position papers or other documents, information, or data by operators or
other persons that may be affected by the implementation of this
Decree; or employ any other suitable means of inquiry.

SEC. 3. Limitations. — In carrying
out the purposes of this Decree, the Board shall adopt and observe a
just and reasonable system of priorities in the redefinition,
modification, or grant of operating rights, and reduce as much as
possible any adverse effect on any person or persons affected by this
Decree.

SEC. 4. Transitory provision. — Six
months after the promulgation of this Decree, the Board of
Transportation, the Bureau of Transportation, the Philippine
Constabulary, the city and municipal police forces and the provincial
and city fiscals shall wage a concerted and relentless drive towards the
total elimination and punishment of all clandestine and unlawful
operators of public utility motor vehicles.

SEC. 5. Repeal. — All acts, parts of
acts, executive orders, and regulations inconsistent with the provisions
of this Decree are hereby repealed.

SEC. 6. Effectivity. — This Decree
takes effect immediately.

Done in the City of Manila, this 19th day of January, in the year
of Our Lord, nineteen hundred and seventy-three.

   
 
(Sgd.) FERDINAND E.
MARCOS
 
President
 
Republic of the Philippines
     

 

By the President:  
     
(Sgd.) ALEJANDRO
MELCHOR
 
Executive Secretary