Executive Order No. 32
INSTITUTING THE PUBLIC TRANSPORT ASSISTANCE PROGRAM – PANTAWID PASADA
WHEREAS, Administrative Order (AO) No. 6, Series 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.
SEC. 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.
SEC. 3. Funding Source of the PTAP. – The initial funding requirements of the program shall be FOUR HUNDRED FIFTY MILLION PESOS (P 450,000,000.00) 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.
SEC. 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
SEC. 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.
SEC. 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.
SEC. 7. Separability. – If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions unaffected shall remain valid and subsisting.
SEC. 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.
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