Republic of tlie Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
H.useBillN.799&
Introduced by Representative Midy N. Cua
Lone District, Quirlno
AN ACT ESTABLISHING THE LOCAL ECONOMIC ROAD DEVELOPMENT (LERD)
PROGRAM UNDnR THE DEPARTMENT oF PUBLIC WORKS AND HIGHWAys
EXPLANATORY NOTE
This  bill  seeks  to  establish  a  Local  Economic  Road  Development  (LERD)  Program  under  the
Department of Public Works and Highways (DPWH).
While the  paved  ratio for national  roads  under  purview of DPWH  is  already 970/o huge  gaps  exist
among local economic roads which are within the purview of local government units (LGUs).   Based
on available 2020 DPWH Philippine Road Network data, the paved ratio of local roads are as follows
- 36% for provincial roads, 62°/o for city roads, 330/o for municipal roads, and 7°/o for barangay I.oads.
Considering the enormous opportunity cost the economy incurs for not addressing the road gap:5, this
Bill seeks tl pursue the implementation of a `Local Economic Road Development' (LERD) Program
under the DPWH.   Under the LElan Program, DPWII shall prioritize and fund the construction of
`local economic roads' -i.e.,  provincial,  city,  and municipal  roads.  With increased  internal revenue
allotment (IRA) under the Mandanas-Garcia Ruling, LGUs can focus its resources of other important
infrastructure projects needed by the communities like water, barangay road development -especially
those leading to tourism sites and agricultural areas.
The  establishment  and  implementation  of the  LERD  Program  will  ensure  seamless  comection  of
provincial,  municipal,  and  city  roads  with  the  national  highways  that  supports  trade,  tourism,  and
agricultural  activities.  Other  economic benefits  include:  (a)  reduced transport cost, travel  time,  and
road  accidents  through  the  improvement  of the  road  systein;  (b)  enhanced  supply  chain,  network
development, economies of scale and broader multiplier effect; and (c) fast-tracking of the economic
recovery initiatives of the national government.
Pursuant tl the  Revised  Administrative  Code  of  1987,  it  is  the  policy  of the  State to  maintain,an
engineering  and  construction  arm  and  continuously  develop  its  technology  for  the  purposes  of
ensuring the safety of all infrastructure facilities and securing for all public works and highways the
highest efficiency and the most appropriate quality in construction through the Department of Put)lie
Works and Highways (DPWH).
Hence, the approval of this bill is earnestly sought.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEBNTH CONGRESS
First Regular Session
H.useBillN.`'998
Introduced by Representative Midy N. Cua
Lone District, Quirino
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AN ACT ESTABLISHING THE LOCAL ECONOMIC ROAD DEVELOPMENT (LERD)
PROGRAM UNDER THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress a.ssembled:
SECTION I. This Act shall be known as the "Local Economic Road Development (LERD) Program".
SHC.  2. Dec/crrc7/!.o#  o/ Po/z.ey.  -The  State  recognizes the economic  contributions  of the provinces,
cities,  and  municipalities  in  spurring  regional  and  countryside  development.  Towards  this  end,  the
State  shall  provide  the  necessary  funding  for the  establishment of infrastructure  and  roads  for the
development of all provinces, cities, and municipalies to achieve their prime mandate.
SEC.  3.  £occ}/  Eco#omj.c  j3ocrd  Deve/opme#/  Prog7.¢m.  -  The  Department  of  Public  Works  and
Highways (DPWH) shall establish a Local Economic Road Development (LERD) Progran that shall
undertake the construction of local road projects allocated directly to the identified provinces, cities,
11        and municipalities in the country.
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The LERD Program, `local economic road' development shall include provincial, city, an.d municipal
roads. The funding for the construction of these local economic roads shall be included in the budget
of DPWI] corresponding to at least twenty percent (20%) of the annual capital outlay or at least Php
125 billion per year for six (6) years upon the enactment of this Bill.
SIC. 4. P/cr##!.#g, Evcr/wcrf!.o# cr#dj4ssesJme#/. -The DPWH, in coordination with the provincial, city
and municipal government units and the local development councils, shall identify the road gaps that
will be included in the list of priority Local Economic Roads (LER) that will be included in the armual
budget of DPWH.   For the LERD Program, DPWH shall utilize the institutional framework and the
vetting process it adopted for the TRIP and ROLL-IT convergence programs.
SEC.  5.  /jxp/eme#Jcr/i.o#,  Mo#!./orl.#g a#cJ Swperw.si.o#.  - The LERD  Program  shall  implemented by
DPWII.  However,  monitoring  and  supervision  of the  projects  under the  LERD  program  shall  be
undertaken jointly by the DPWII and concerned LGUs.
SEC. 6. /mp/emenf!.#g R#/es cmd Regw/cr/i.o#s. - The DPWII shall promulgate the necessary rules and
regulations to implement the provisions of this Act.
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I        SEC.  7. j4pprap„.a/i.our.  -The  Secretary of the Department of Public  Works and  Highways  shall
2        immediately  include  in  the  Department's  programs  the  implementation  of the Act,  the  funding  of
3        which shall be included in the annual General Appropriations Act.
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SEC. 8. E#ec/j.vi.fy. -This act shall take effect fifteen (15) days after its publication in the  O#cj.a/
Gczzeffe or in a newspaper of general circulation.
8                      Approved ,
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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONG RESS
First Regular Session
HouseBil]No.7999
Introduced by Representative Midy N. Cua
Lone District, Quirino
AN ACT ENHANclNG THE cOMPETITlvENEss OF pHILlpprNE MARITIME TRADE
BY STRENGTHENING THE OVERSIGHT FUNCTIONS 0F  RELEVANT GOVERNMENT
AGENCIES OVER THE IMPOSITION 0F SHIPPING CHARGES BY INTERNATION.AII
SHIPPING LINES AND INSTITUTIONALIZING MECHANISMS FOR THE EFFICIBNT
MOVEMENT OF GOODS
EXPLANATORY NOTE
Excessive and unnecessay fees, charges and surcharges imposed as origin and destination charges as
well  as  unconscionable  fees  imposed  on  the  management  of  empty  containers  by  international
shipping  lines  which  undemines  the  country's  competitiveness.  These  charges  being  imposed  and
collected  at  will  I)y  international  shipping  lines  have  enormous  impact  on  the  economy  as  it  (a)
increases the cost of importing raw materials and intemediate goods; (b) escalates the prices paid by
the domestic consumer; (c) impairs the govemment's collection of correct taxes; and, (d) undermines
the privity of obligations and contracts principle.
Through  this  Act,  the  Philippine  Government  asserts  its  inherent  right  to  implement  and  enforce
compliance with existing local and  international consumer trade laws; to protect the interests of the
consumer,promotegeneralwelfai.eandtoestablishstandardsofconductforbusinessandindustryas
well  as  enforce  the  compliance  with  lnternational  Commercial  Terms  (INCOTERMS)  for  the
protectionandfairtreatmentofPhilippinedomesticmanufacturers,exportersandimporters.
In view of the foregoing, approval of this measure is eamestly sought.


Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
First Regular Session
House Bill No. 7999
Introduced by Repl.esentative Midy N. Cua
Lone Distrtot, Quirino
AN ACT ENHANCING THE COMPETITIVENESS 0F PHILIPPINE MARITIME TRADE
BY STRENGTHENING THE OVERSIGHT FUNCTIONS OF  RELEVANT GOVERNMENT
AGHNCIES OvuR THE IMPOSITION OF SHIPPING CHARGES BY INTERNATIONAL
SHIPPING LINES AND INSTITUTIONALIZING MBCHANISMS FOR THE EFFICIENT
MOVEMENT OF GOODS
BeitenactedbytheSenaleandHouseOfRepresen[alivesOfthePhilippinesinCongressassembled:
1        SECTION   1.   S*or/   rj.//e.   -  This   Act   shall   be   known   as   the   "/#/er#4/I.oHc!/  Marl./I.me   rrc[cJe
Competitiveness Act."
SEC.  2.  Dec/arafJ.o#  a/PoJ..c}J a#d Ody.ecfJ.vex.  -    It  is  heret)y  declared the  policy  of the  State to
promote  industrialization  through  industries  which  are  competitive  in  both  domestic  and  foreign
_   i_    _..    _J=i&_±__I  __i
6       markets. In pursuit of this policy, the state hereby recognizes t-hat providing access to an efficient and
-               r ---.- _'_     -_____'_________
7       reliable  transport  and  logistics  services  is  a key  sti.ategy  towards  enhancing the  competitiveness  of
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Philippine products.
The  State  fiuther recognizes the need to ensure a sound regulatory environment that would
promote  competition among transport and  logistics  providers to  improve service quality and reduce
cost. It is, likewise, cognizant of the need to maintain a balance between transportation regulation and
investment  promotion  and  to  ensure  that  transport  and  logistics  providers  can  obtain  a  reasonable
14        return ontheir business operations.
The State also recognizes the sanctity of commercial contracts which lay down the obligations
and risks assumed by the parties to  facilitate fair, harmonious and convenient trade negotiations and
18        movementofgoods.
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Towards this end, the following objectives sliall be pursued:
a)    Protect Filipinos against deceptive, unfair, and unconscionable acts al`d practices;
b)   Promote   transparency   in   the   transactions   of  international   logistics   service
providers, including international shipping lines;
c)    Ensure  proper  government ovel.sight over the  imposition  of domestic    charges
by international shipping lines and related business practices;
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d)   Empower   government   institutions   in  their   roles   of  promoting  an   efficient,
competitive, and reliable logistics services; and
e)    Formulate policies and develop programs that would redound to the  development
ofthetransportandlogisticssectorinsupportofdomesticandintemationaltrade.
SEC. 3. De/#!.f!.o# o/rer#!s. -As used in this Act:
a)   ,4#cfror4ge  refers to  a place with  sufficient depth  of water where vessels  berth
within the harbor;
b)   Bi.//  a//.edz.#g  refers  to  a  document  issued  by  a carrier that  lists  goods  being
shipped and specifies the terms of their transport;
c)    Cargo lhrowgkyw/ refers to the total  volume of cargo discharged and   loaded at
the port. It includes breakbulk, liquid bulk, dry bulk, containerized cargo, transit
cargo, and transshipment;
d)    Co#s!.g7Iee  refers  to  the  party  appearing  in  the  transport  document  to  whom
deliverymaybelawfullymadeinaccordancewiththecontractofcarriage;
e)    Co%/o!.#er  depo5j.J  refers  to   the   amount  posted  with   shipping   lines,   freight
forwarders, customs brokers and logistics operators or their collection agent  upon
thepickuporwithdrawalofthecontainerfromtheportofcontaineryard;
I)    Co#fq!.#er yard refers  to  a  designated  area  where  containers  and  chassis    are
I.eceived, stacked, and dispatched;
g)    Co#fcr!."er!.zed  ccrrgo  refers  to  a  cargo  packed  in  vans  or  containers  for  easy
handling and transporting of the same as a unit;
h)    Cwsfom6'  bro*er  refers  to  any  person  who  is  a  bona  fide  holder  of  a  valid
Certificate  of  Registration  or  Professional   Identification  Card   issued  by  the
Professional Regulatory Board and Professional Regulation Commission pursuant
to  Republic  Act No.  9280,  otherwise  known  as  the  "Customs  Brokers  Act  of
2004, as amended;"
i)    De/I.veJ?J  order  refers  to  a  document  issued  by  the  shipping  line  releasing  the
cargo  to  the  consignee  mentioned  in  the  Bill  of Lading  upon  payment  of all
handling charges;
j)    Dem%rrage /ee  refers  to  the  amount  charged  by  the  shipping  lines,  freight
forwarders, customs brokers, and logistics operators if full and loaded containers
are  not  collected  by  the  customers  and  remain  inside  the  port,  terminal,  or
container yard after the lapse of the allowable free time;
k)   Defenf!.o#  charges  refer  to  the  amount  charged  by  the  shipping  lines,  freight
forwarders, customs brokers, and logistics operators per day once customers have
collected the empty containers from outside the port, but do not return the empty
containers to the depots after the specified free time;
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I)    ZhJe// /;."e refers to the number of hours spent by a vessel from waiting time to
berthing,  and  until  the  time  of completion  of the  un-berthing  process  on  final
departure;
in)  Frez.gfo/ /orwarc7er  refers  to  an  entity  that  acts  as  a  cargo  intermediary  and
facilitates transport of goods on behalf of its client without assuming the role of a
carrier, or assuming such role  in the case of non-vessel owning common carrier
ONVOCC),  which  can  also  perform  other forwarding services,  such  as booking
cargo space, negotiating rates, preparing documents, advancing freight payments,
providing packing or crating, trucking and warehousing, engaging as an agent or
representative  of a foreign  non-vessel  operating  as  a common  carrier or cargo
consolidator named in a master bill of lading (BL) as consignee of a consolidated
shipment, and other related  undertakings;
n)   J#/cr#cJ co#rcrj.#er depo/ refers to an intermodal transport terminal,  situated outside
the  ports  and  equipped  for handling  and  temporary  storage  of cargo,  which  is
authorized   by   the   Bureau   of   Customs   (B0C)   to   handle   the   processing,
examination, and clearance of arriving laden containers;
o)   /#/er#c}/j.o#a/ commercz.cJ/ /e/.ms  refer tl  a set of internationally recognized rules
which  define  the  responsibilities  of  sellers  and  buyers.  These  specify  who  is
responsible for paying for and managing the shipment, insurance, documentation,
customs clearance, and other logistical activities;
p)    I#/emcr/J.o#cz/ sfe!Z?pJ.#g /z.#e or ccrrr!.er refers to person or entity who,  in a contract
of carriage, undertakes to perform or to procure the performance of carriage of
goods by sea, or inland waterway or by a combination of such modes by issuing
its  own  BL  and  assuming  responsibilities  for  the  shipments  that  call  at  the
international ports of the Philippines;
q)   £crsJ  "i'/e   /ogj.s/j.es   refers  to  the   final   step   of  the  delivery  process   from  a
distribution center or facility to the end-user;
r)    £ogj.s/I.cs  se;ry!.ce  pJ.ow.ders   refers  to  third-party   logistics   providers   who   are
outsourced  to  manage  a company's  warehousing,  distribution  and  transportation
offreight;
s)    IVom-com/crz.#eJ.I.zed ccrrgo refers to goods shipped in pieces separately without the
use  of €i  container  that  include  goods  that  are  shipped  in  crates,  bags,  boxes,
drums, and barrels and which come in extremely large sizes or dimensions;
t)    IVo"-vesse/ ope;.c".#g commo# ccrrrJ.er refers to an entity that provides a point- to-
point service, without owning a vessel, and which may include several modes of
transport of full container load (FCL) shipments or undertakes groupage of less
than   container   load   (LCL)   shipments   issues   its   own   BL,   and   assumes
responsibilities for the shipments;
u)   Par/ co7cges/z.o# refers to a situation at the port, as determined by the Philippine
Ports   Authority   (PPA)   based   on  the  guidelines   and   parameters   set  by  the
MARINA Board (Board), that effectively stalls the inovement of cargoes leading
to adverse economic consequences;


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v)   Servj.ce co#/rc}cf refers to a contract between a shipper and a carrier or conference
which contains the tens and conditions respecting the transport of goods from a
foreign port to a Philippine port or vise-versa;
w)  Sfoj.pper refers to the person or company named in the shipping documents as the
party responsible for initiating the shipment and entering into a transport contract
with the carrier;
x)   Port or ferm!.„c!/ aperator refers to an entity that owns or leases ports or teminals
and  is  involved  in  managing the  movement of cargo  containers  between cargo
ships,  trucks  and  freight  trains,  and  in  optimizing  the  flow  of goods  through
customs to minimize the amount of time a ship spends in port. A port or termiml
operator may be a public or private entity.
SEC.4.Coverclge.-ThisActshallapplytoallaspectsaffectingtheimpositionofshippingchargesby
intemational carriers arriving at or originating from Philippine ports.
SEC.  5.  rrczMSpcr7.e#ey a/Fi.ez.gfe/ c7#d O/foer Cfoc7rges.  -Upon tlie effectivity of this Act,  all port or
terminal operators, international carriers, NVOCCs and forwarders shall inform the Maritime Industry
Authority (MARINA) of their regular shipping charges and fees and publish the same in a newspaper
of general  circulation:  Provj.ded,  That the publication  requirement is deemed  complied  with by the
establishment and management of a real-time online website accessible to the public. No charges or
fees shall be imposed beyond the published rates.
No  new  or  initial  rate  or change  in  an  existing  rate that results  in  an  increased  cost to  the
shipper may become effective earlier than thirty (30) days after the submission to the MARINA  of
such new shipping rates, except when allowed by MARINA for reasonable or good cause: Provi.ded,
That a change in an existing rate resulting in a decreased cost to the shipper may become effective
upon publication and filing.
SEC.  6.  Imposition  Of Local  Shipping  Charges. by  Ipternation.3l_ _Cat::ie.r.S_:``-. TA°^.IA°C=+a.C+:I.rsQ=rA
surcharges,   except   for   internationally-accepted   surcharges,   fees   for   value-added   services,   and
behavioral  charges  such  as  late payment  fee,  container insurance,  shall  be charged by  international
shippinglinesortheiragents,freightforwardersandrvoccstoPhilippineconsigneesandshippers.
Theimpositionandparametersofsuchimpositionmustbeclearlydefinedinthecontractofcarriage
and subscribed by the shipper or consignee.
SEC.7.497.eeme#fs.-Withinninety(90)daysaftertheeffectivityofthisAcCcertifledcopiesofaH
existing  agreements  between  and  among  international  carriers  operating  in  Philippine  ports  and
agreementsamongPhilippineportorterminaloperatorsaswenasamongoneormorePhilippineport
or terminal operators and  one or more  intemational  carriers operating  in  Philippine ports that affect
Philippine maritiine trade, shall be submitted to the MARINA.
Any agreement or any amendment thereto shall become effective thirty (30) days after such
submission:ProvJ.ded,Thacduringtheeffectivityofsuchagreement,iftheMARINAdeterminesthat
the same is likely to produce an unreasonable reduction in transportation services or an unreasonable
increaseintransportationcost,itmayreferthesametothePhilippineCompetitionCommission(PCC)
for appropriate action.
SEC.  8.  Dete„J!.o#  Chcrrges  c}#d Dej#wrroge  Fees.  - No  detention  charges  in  the  return  of empty
containers  shall  be  imposed  t)y  shipping  lines  when  the  delay  is  caused  by them.  For this purpose,
international  shipping lines  must ensure that the delivery order always  indicates the container depot
wheretheemptycontainerownedbytheshippinglinesmustberetumed.
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Any  demurrage  fee  oi.  detention  charge  shall  not  constitute  a  direct  or  indirect  lien  on
container deposits  or on  other cargoes  or  shipments  covered  by  a separate transaction  of the  same
4        shipperorconsignee.
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SEC.9.Co#/c!!-#erDepos[./s.-TheMARINAmayallowtheimpositionofcontainerdepositsonlyif:
8                       a)    the   forwarders   or   agents   of  international   shippipg.lines. iTP1^ep^?nt   a,Tf`ex,P:_eiiip_i.:
procedure in refundin5 the same within a non-ex-tendible period of fifteen (15) days from
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the return of the container;
b)   there  are  clear  and  fair  standards  for  deductions  made  known  by  such  forwarders  or
agents to the other party prior to engagement; and
c)    there is actual proof that a container deposit has been paid before any deduction is made.
SEC.10. JZo/e a/Govem»reut ,4ge#ci.es. -To effectively implement and carry out the (iojectives of
this Act the following agencies shall exercise and enforce the following functions in addition to their
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19        existingmandates:
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a)    Department of Transportation - The DOTr shall  facilitate the expansion of port system
capacityofportauthoritiesandtheexpansionofthePhilippinefreighttransp()rtsystemto
facilitate the movement of containers to and from the ports.
b)   Maritime  Industry  Authority  -  The  MARINA  shall  ensure  competitive  and    efficient
international maritime transportation services for the shipping public by:
I.    Reviewing zind monitoring agreements among international  shipping   lilies and port
operators  serving  Philippine  ports  to  ensure  that  they  do  not  cause  substantial
increases  in transportation costs or I.eduction in transportation services. In applicable
cases, the MARINA may endorse any agreement that it finds anticompetitive to the
Philippine Competition Commission for appropriate action;
2.    Investigating, hearing and adjudicating complaints regarding the   imposition of rates
and  charges,  and  practices  of  international  shipping  lines,  NVOCCs,  and  other
logistics service providers that impede efficient commerce;
3.    Imposing fines and charges in the exercise of its adjudicatory functions;
4.    Ensuring that the international shipping lines' tariff rates and charges   are published,
and automated tariff systems are electronically available;
5.    Accrediting sea freight forwarders such as NVOCC,   international freight forwarders
and other similar maritime enterprises; and
6.    Exercising supervision over sea freight forwarders, domestic freight forwarders, and
other similar maritime enterprises including the ship agents and their representatives,
branches,   offices   or   subsidiaries   of  intemational   shipping   lines   to   ensure   the
reasonableness  of  their  rate-setting  mechanism  for  local  fees  and  charges,  and
compliance with existing laws,  rules and regulations relating to standards of safety,
quality and efficiency of operation.
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c)    Department of Trade and Industry -The DTl shall:
I.    In coordination with the DOTr, the National Economic and Development Authority
ONEDA),  the  DPWH,  the  MARINA,  and  the  PPA,  develop  a  long-term  National
Logistics  Strategy that will  establish  an integrated transport and logistics  sector that
shall  facilitate the efflcient and timely movement of goods.  The National Logistics
Strategy  shall   include  the  identification  of  intemationa]   gateway  and  secondary
airports  and  seaports,  development  of new  Roll  On  - Roll  Off (RORO)  ports  and
facilities,     rail     development,     warehousing     improvement,     and     connectivity
enhancement.
2.    Ensure efflciency and competitiveness of the logistics services sector;
3.    Coordinate with other agencies to ensure the efficient movement of  goods and empty
containers and lower logistics cost;
4.    Encourage investment in the logistics services sector  particularly in trucking service,
fi.eight forwarders, container yards and depot dry and cold warehouses, and last mile
logistics; and
5.    Monitor  matters  relating to  transparency  of local  charges  to  iinplement   to  the  full
extent  existing  consumer  trade   laws  to  curb   unconscionable  business   practices,
excessive and unnecessary fees, charges and surcharges  imposed as local charges by
international shipping lines, their agents or forwarders.
d)   Philippine Ports Authority and other port authorities -The PPA and other  port authorities
shall:
I.    In  case of urgent need, ensure as far as practicable that intemational   shipping lines
are given ample berthing space to facilitate the safe loading and unloading of empty
containers in coordination with the port or terminal operator;
2.    Hasten  the  provision  of the  necessary  infrastructure  facilities  by    expanding  the
capacity of government-owned ports with existiiig contracts for handling of foreign
vessels  and  foreign  cargoes  and  facilitate  the  building  of additional  ports  by  the
private sector;
3.    Oversee the strict enforcement of the regulations on overstaying foreign containers,
whether  laden  or empty.  For this  purpose,  the  PPA  and  other port  authorities  shall
review the effectiveness of current storage charges imposed on overstaying containers
to improve port efflciency and prevent congestion;
4.    Determine the existence of port congestion. Towards this end, the PPA   shall, within
ninety  (90)  days  from   the   effectivity  of  this  Act,  formulate  and  issue  a  Port
Congestion  Contingency  Plan,  in  consultation with the Board.  The  Port  Congestion
Contingency Plan shall be implemented by the relevant agencies upon the declaration
of an imminent port congestion;
5.    Promulgate rules and regulations to maximize the use and  further development of the
Ports   of  Bz`tangas,   Subic  and  other  ports  and  terminals  deemed  appropriate   as
alternates to the Port of Manila (POM)  and the Manila lntemational Container Port
(MICP).  Further,  the  PPA  and  Subic  Bay  Metropolitan  Authority  (SBMA)  shall
facilitate the expansion of the Ports of Batangas and Subic to accommodate shipments
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originally bound for POM and MICP and the development of other inland container
depots (ICDs);
6.    Require all international port operators to maintain an online portal  accessible to the
DTI,  BOG,  DOTr,  MARINA,  PPA,  and  other  port  authorities  that  will  provide
information regarding daily summary of cargo throughput (volume and value), port
dwell  time  of ships,  dwell  time  of cargoes  (containerized  and  non-containerized),
average vessel waiting time at anchorage, and container yard utilization to facilitate
the monitoring of port utilization; and
7.    Implement the port Development Master plan to support economic growth.
e)    Bureau of customs-The BOG shall:
1.    Expedite the accreditation and activation of IcDs;
2.    Establish  and  manage  a  centralized  database  to  facilitate  a real-time  inventory  and
monitor the movement of containers;
3.    Promulgate rules and regulations for the container yard utilization of lcDs;
4.    Together    with    MARINA,    estat>1ish    a    one-stop    shop    or        satellite    office
inside  the  customs  premises,  housing  all  representatives  of  intemational  shipping
lines,  their forwarders  and  agents,  for easier coordination  in the  implementation of
this Act;
5.    In  coordination with the PPA, Cebu Ports Authority,  SBMA,  PHIVIDEC Industrial
Authorfty,    Cagayan   Economic   Zone    Authority,    Regional    Ports   Management
Authority,  Bases  Conversion  Development  Authority,  Authority  of  the  Freeport
Bataan  and  other  port  authorities,  promulgate,  review  and  revise  the  guidelines,
regulations and standards on such matters as:
(i)           Ensuring  the  availability  of inland  container  depot  space  for  their  empty
containers;
(ii)         Coordination   with   operators   of  designated   container   yards   and   inland
container  depots  with  sufficient  capacity  to  accommodate  the  volume  of
containers per shipment;
(iii)        Disposition     of    seized     and     abandoned     cargoes     to     facilitate     the
decongestion of port terminals;
(iv)        Ensuring   the   swift   processing   of   laden   containers       and   loading   of
empty containers from the port to avoid congestion.
D    Philippine competition commission -The pcc shall:
I .    Mo" prapj.I.a or upon a verified complaint of any interested party,   investigate cases
involvingviolationsofcompetitionlawsandregulationsinrelationtomaritimetrade;
2.    Review and take necessary actions on findings of anti-competitive  t)ehavior that are
endorsed to the Commission by the MARINA; and
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3.    Coordinate with MARINA and DTI in the  implementation of competition policies in
the maritime sector.
SEC.11. 4ddi./i.ona/ Mej#ae7`s a/ffoe rmjow:a Boaj.d.  -To effectively implement the objectives of
thisAct,thefollowingshallbemademembersoftheBoardinadditiontoitsexistingmembership:
a)    Secretary of Foreign Affairs;
b)    Secretary ofAgi.iculture;
c)    Secretary of public works and Highways;
d)    Secretary ofNEDA;
e)    Commissioner of customs;
f)    Chairperson of the pcc;
g)    Chairperson of the Land Transportation Franchising and Regulatory Board; and
h)   One  representative  from  each  of  the  following  private  sector  groups  who  shall  be
appointed as non-voting members :
1.    Association of domestic shipping lines;
2.    Association of international shipping lines;
3.    Association of exporters;
4.    Association of importers;
5.    Largest national association of business entities;
6.    Association of supply chain and logistics companies;
7.    Association of freight forwarders;
8.    Association of ship agents;
9.    Association of container depot operators; and
10.  Association of trucking operators
Theprivatesectorrepresentativesforeachoftheprivatesectorgroupsshallbeappointedby
the  President  of the  Philippines  from  the  nominees  sut)mitted  by  the  aforementione{l  entities  or
associations for a tern of three (3) years, and may be reappointed only once.
Upontheexpirationoftheirtenns,theprivatesectormembersoftheBoardshallserveina
hold-overcapacityuntiltheirsuccessorsshallhavebeenqualifiedandappointed.Anyvacancyinthe
Boardpertainingtotherepresentativesoftheprivatesectorshaubereplacedbyapersonbelongingto
thesamegrouprepresentedt)ythememberwholeftthepositionvacant.Thesuccessor,whoshallact
in  a  permanent  capacity,  shall  only  serve  for  the  unexpired  portion  of the  term  vacated  unless
reappointed.
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2        SEC.12. Ac}d;./j.o7icr/ Powe7is  crnd Fcl#c/I.o#s  o//Ae  Bocrrd.  -In  addition  to  its  existing  powers  and
3        functions,theBoard shall:
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5                       a)    Advise  the  MARINA  on  policies  relating to  the  competitiveness,  reliability,    integrity,
6                              and fairness of the maritime freight delivery system;
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8                       b)    Provide MARINA with information, insight, and expertise pertaining to  conditions in the
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maritime freight delivery system;
c)    Make  recommendations  to  enhance  the  existing  policies  relating  to  maritime  freight
delivery system or to adopt additional policies;
d)   Provide  MARINA  with the  guidelines necessary  in the determination  of the  basis  and
reasonableness of local charges being imposed by international shipping lines; and
e)    Encourage  relevant  government  agencies  and  affected  local  government  units  to  take
appropriate actions on matters and issues affecting Philippine trade and transport logistics
SEC.  13.  IVcJ/i.o#cr/ Jog;.s/z.es  E#cj.e#c);  Po/j.c)J.  -  The  Board  shall  formulate  a  National  Logistics
Efficiency Policy ONLEP) to ensure the efficiency of customs and border management, quality of trade
and   transport   infrastructure,   competence   of  logistics   services,   their   ability   to   track   and   trace
consignments,  and  the  competitiveness  of shipping prices.  The NLEP  shall  serve  as  a guide  in  the
formulation  and  issuance  of  the  rules,  regulations,  and  programs  of  the  implementing  agencies
25        specifiedinthisAct.
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27                       The  policy  shall  institutionalize  the  use  of information  technology  to  enhance  connectivity
28       among  relevant government  agencies  to  facilitate  efficjent business  transaction  consistent with  the
29       objectives  of Republic  Act  No.11032  or  the  Ease  of Doing  Business  and  Efflcient  Government
30        ServiceDeliveryAct.
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32       SHC.  14.  Pro¢i.bi./ed ,4cts.  -It  shall  be  unlawful  for  any  international  calTier  or  its  agent,  port  or
33       tei.minal operator, NVOCC, or logistics service provider to perform the following acts:
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a)    Operate  under  an  agreement  that  has  been  suspencled  by  virtue  an  order  of a  proper
authority, or a temporay restraining order or rendered ineffective by injunction issued by
the court;
b)   Charge,  demand,  collect,  or  receive  greater,  less,   or  different  compensation  for  the
transportation of property or for any service in connection   therewith than the rates and
charges   provided   in   the   service   contract   or   those   published   and   filed   with   the
MARINA;
c)    Engage in any anti-competitive practice prohibited under Republic Act No.   10667 or the
Philippine Competition Act.
SHC.15. Pe#cr//].es. -The violation of the provisions of this Act or its guidelines shall be sanctioned
by   the   penalties   as   may   be   determined   by  the   MARINA   such   as   fines,   cancellation   of  the
accreditation, or the blacklisting of any forwarder, agent or international shipping line, or both.
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In fixing the amount of flnes, the MARINA  shall take into consideration the gravity of the
violation, based on a criteria to  be prescribed  in the rules and regulations to be issued to  implement
3        this Act.
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The  imposition  of  penalties  and  other  sanctions  under  this  Act  shall  not  preclude  any
aggrievedpartyorgovemmentagencyfromfilingacriminal,civiloradministrativecaseforviolation
ofexistinglaws,rulesandregulationsbyreasonofthesameactoromission.
SEC.  16.  diwccr/!.o#  Ca»ip¢j.gr.  -  The  MARINA  and  the  DTI  shall,  in  coordination  with  private
stakeholders,developaprogi.amtoeducateallPhilippineshippersandconsiomeesonhowtonegotiate
usingtheINCOTERMS,the freight,andothershippingchargesinposedbyforwardersandagentsof
intemationalshippinglines,thebestpracticestomanageorcontrolthesupplychainandupdatesinthe
13        implementationofthisAct.
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SEC.  17.  S%Gmz.Ssl.o%  a/j4##%aJ Jiaporf.  ~  The  Board  shall,  not  later  thal`  the  first  qiiarter  of the
succeeding year,  submit to the President of the Philippines and both Houses of Congress an annual
report containing the  summary  of all transactions pertaining to  international  shipping operations  as
wen as the issues and concerns of the industry and recommend,  if necessary,  measures that require
19        legislative action.
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SEC.  18.  Jmp/emen/I.%g jiw/es  c}#d J3eg"/c}/!.o#S.  - The  Board  shall,  within  sixty  (60)  working  days
fromtheeffectivityofthisAc¢issuesuchrulesandregulationsasmaybenecessarytoimplementthe
provisions of this Act.
SEC.19.Swpp/e!ory4zxpJJ.caf!.ono/j3e/a/edfows.-TheapplicableprovisionsofPresidentialDecree
No. 474, Executive Order Nos.125  and  125-A, s.1987, Republic ActiNo. 7394 or the C()nsumer Act
of the  Philippines,  Republic Act No.10863  or the Customs Modernization and Tariff Act, Republic
Act  No.  10667  or the Philippine  Competition Act  and  all  other related  laws,  rules  and  regulations,
insofar as they are not inconsistent, shall  supplement in the  implementation  of the provisions of this
3 0        Act.
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SEC.  20. Seporc{bi.Ji.ty C/clwse.  - If any  provision  of this  Act is  held  unconstitutional  or  invalid,  all
otherprovisionsnotaffectedtherebyshallremainvalid.
SEC.  21.  jtepeaJ!.%g  Cfo%  -  All  laws,  decrees,  executive  orders,  rules  and  regulations  or  parts
thereof,whichareinconsistentwiththisAct,areherebyrepealed,amendedormodifiedaccordingly.
SEC.22.E#ecfl.vj.ty.-ThisActshalltakeeffectfifteen(15)daysafteritspublicationintheO#cI.c}/
Gcrzcffe or in a newspaper of general circulation.
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42                     Approved ,
in