EXECUTIVE ORDER NO. 32, April 01, 2011
INSTITUTING THE PUBLIC TRANSPORT ASSISTANCE PROGRAM – PANTAWID PASADA
of 2011 established the Inter-Agency Energy Contingency Committee (IECC)
to undertake a comprehensive audit of the available resources of the
Government, evaluate contingency plans, and submit reports to the Office
of the President;
WHEREAS, in view of the Middle East and North
African socio-political situation which triggered the high fuel prices,
the IECC has determined that the public transport sector has been
hardest hit by the oil price hikes given that oil is one of the major
operating costs;
WHEREAS, the IECC found it imperative to adopt a
contingency program to address the adverse effects of the oil price
hikes on the prices of fuel, food and other basic commodities,
particularly among the vulnerable sectors of the society, such as the
public transport sector, the riding public, and consuming public;.
WHEREAS, the IECC unanimously recommends to
provide assistance to the public transport sector to cushion the impact
of high fuel prices and the resulting effects on the above-mentioned
vulnerable sectors;
WHEREAS, based on the lECC’s studies, the Public
Transport Assistance Program (PTAP) has been found to be the most
equitable and efficient form of intervention to adopt as targeted relief
to these vulnerable sectors; and,
WHEREAS, Section 8 of Presidential Decree No.
910, as amended by Republic Act No. 7638, provides that all fees,
services and receipts from any or all sources including receipts from
service contracts and agreements collected by the Department of Energy
(DOE) shall form part of a Special Fund to be used to finance energy
resource development and exploration programs and projects of the
government, and for such other purposes as may be directed by the
President.
NOW, THEREFORE, I BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
SECTION 1. The Public Transport Assistance Program – Pantawid Pasada. The
“Public Transport Assistance Program” (PTAP) is hereby established
which shall provide targeted relief to the public transport sector to
cushion the impact of high fuel prices on the riding and consuming
public. The Department of Energy (DOE) is hereby designated as the lead
agency to implement the PTAP.
SECTION 2. Disbursement of the PTAP Funds. The
PTAP shall be implemented in coordination with the IECC consistent with
the members’ specific responsibilities pursuant to Section 3, AO No. 6
(s. 2011). Specifically, the Department of Transportation and
Communications (DOTC), Department of Finance (DOF), and the Department
of Energy (DOE) are jointly authorized to determine the monthly funding
requirement of the PTAP. The PTAP shall partially subsidize the average
consumption of the identified public transport group; Provided, That
disbursement shall be made per franchisee and on the number of
franchised units based on information to be provided by the DOTC through
the Land Transportation Franchising and Regulatory Board (LTFRB):
Provided further, That the DOE shall use smart cards to ensure the
integrity of the disbursements.
Upon the recommendation of the IECC, the DOE may review the list of
those entitled to the PTAP to include other sectors whose operations
may be classified as sensitive to high oil prices, and it may also
suspend the PTAP when it determines that the impact of fuel costs on
these sectors no longer exists.
In the case of tricycles, the PTAP shall also subsidize a portion
of their average consumption. The Department of the Interior and Local
Government (DILG) shall coordinate with Local Government Units (LGUs)
for the joint implementation of the PTAP; Provided: That funding for
PTAP for tricycles shall be subject to availability of counterpart funds
of the respective LGUs.
After the first month of implementation, the DOE shall submit to
the IECC a report on the status of the accomplishments of the PTAP. The
IECC shall submit its recommendations to the President regarding the
continued implementation of the program and its projected requirements.
SECTION 3. Funding Source of the PTAP. The
initial funding requirements of the program shall be FOUR HUNDRED FIFTY
MILLION PESOS (P450,000,000.00) which shall be sourced from the Special
Account in the General Fund (SAGF) of the DOE under Fund 151, to be
released by the Department of Budget and Management (DBM) subject to the
submission of the Bureau of the Treasury (BTr) Certification on the
availability of deposited collections with the SAGF of the DOE and to
existing laws and the usual government budgetary, accounting and
auditing rules and regulations.
SECTION 4. Implementation of the PTAP. In the implementation of the PTAP, the DOE shall coordinate with the following departments:
(a) Department of National Defense (DND);
(b) DILG; and,
(c) DOTC
SECTION 5. Duty to Extend Assistance to the PTAP.
The departments, bureaus, offices, agencies or instrumentalities of the
Government, including government-owned and/or controlled corporations
and government financial institutions are hereby directed to extend such
assistance and support to the PTAP, as may be necessary, for its
successful implementation.
SECTION 6. Implementing Guidelines. The DOE as
Lead, DBM, DILG, DOF, and DOTC shall promulgate the rules and
regulations for the implementation of this Order within fifteen (15)
days from effectivity hereof.
SECTION 7. Separability. If any provision of this
Executive Order is declared invalid or unconstitutional, the other
provisions unaffected shall remain valid and subsisting.
SECTION 8. Effectivity. This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.
DONE, in the City of Manila, this 1st day of April, in the Year of our Lord, Two Thousand and Eleven.
(SGD.)BENIGNO S. AQUINO III President of the Philippines By the President: (SGD.) PAQUITO N. OCHOA, JR.Executive Secretary