Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

45

HOUSE BILL NO.

Introduced by Honorable Arturo B. Robes

EXPLANATORY NOTE

The State views with alarm the increasing global threats of terrorist attacks on the
transportation system and facilities particularly on air transportation. The September 11,
2001 attacks on the U.S. Pentagon and towers of the World Trade Center in the United
States of America, for instance, resulted to a tragic and unnecessary loss of human
lives, damage to property and a further global disruption in air commerce operation. The
attacks, on a global scale, also diminished public confidence in aviation safety and air
travel security measures. The 2003 takeover of the air traffic control tower in NAIA is yet
another tragedy with an international repercussion. This could have been averted or, at
least, prevented if a unified security management at the NAIA is in place.

These incidents demonstrate the need to adopt and implement comprehensive
security measures throughout the country.

The State, likewise, recognizes the vital role of transportation in nation-building
as well as the right of the citizenry to a well-secured transportation system. To achieve
these ends, the State must devise measures aimed at improving the system of transport
security and raise the quality of its systems, practices and operations, in all means and
modes of public transportation, to international standards in the country. It must bolster
a system of coordination and cooperation among the citizenry and the transportation
security managers. More so, it must establish and adopt measures to strictly prevent
weapons, explosives or other dangerous persons, elements, devices and cargoes which
may be introduced by any means whatsoever, on board a transport system.

International communities like the United Nations, ASEAN, APEC and other
regional organizations of nations, have been promoting and placing in operation inter-
modal transportation security systems. The Philippines, as a member of the
international community of nations, is lagging behind in adopting and setting-up


effective security systems and security enforcement in all ports, terminals and facilities
over land, air and water nationwide. It is in the highest national interest, honor and
benefit for the Philippines to be in full accord with the other countries’ minimum safety
and security requirements in publi¢ transportation and to be compliant with
internationally- accepted standards and practices prescribed for transportation security.’

Passage of this Bill is earnestly sought.

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HON. ARTURO 8] ROBES.


iii
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
Fifteenth Congress

First Regular Session
} yy

House BING. 4547

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Introduced by Honorable Arturo B, Robes

AN ACT
PROVIDING FOR A NATIONAL TRANSPORTATION SECURITY ADMINISTRATION,
LEGISLATING THE CREATION OF THE PHILIPPINE TRANSPORTATION SECURITY
AUTHORITY (PTSA), DEFINING ITS POWERS AND FUNCTIONS AND
APPROPRIATING FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives in Congress of the
Philippines assembled:

TITLE!
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Philippine
Transportation Security Act of 2011.”

SECTION 2. Declaration of Policy. - The State recognizes the vital role of public
transportation in nation-building, in the promotion of international commerce and
domestic trade relations, and in initiating economic growth and comity among nations.
In preserving and protecting the rights of its people to a secured public transport
system, the State hereby supports and promotes the installation and implementation of
a consolidated transportation security management to improve and maintain an
effective air, land and water transportation systems.

The State further declares support in the implementation and enforcement of
the strictest possible standards in stamping out terrorism, economic sabotage and
all acts of unlawful interference that breach the integrity and security of international
and domestic transportation systems.

The State finally adopts generally accepted principles of international law and
universal recommendations on standards and practices in transportation security

measures as part of the laws of the land and adheres to the policy of comity and
cooperation ;


SECTION 3. Unlawful Int
transportation systems are any inte
upon any transportation system {la}
hangars, terminals, services or facilif
secured, efficient, smooth and regu
infrastructures, terminals, services ol
danger and property damage or loss

. - Acts of unlawful interference to
ional or unintentional felonious act or acts directed
id, Water and air, ports, harbours, infrastructure,
), Which breach the security or interferes with the
lar operations of a transportation systems, ports,
facilities, thereby causing death, physical injuries,

in great waste or ruin.

SECTION 4. Other Acts of Unlawful Interference. - Other acts of unlawful

interference maybe committed: |

a, By any person or group of persons threatening to cause serious unlawful
interference with, or actually causing unlawful interference or disruption of a
public transport service, fai

or system, whether public or private, by
providing material, financial or moral comfort except in the furtherance of
legitimate protest, grievance or advocacy;

b. By maliciously reporting anjincident, real or imagined, which tend to
jeopardize or threaten of have jeopardized or have threatened the security
of public transportation in the Philippines;

c. By unauthorized release|of any classified Transport Security Information;

d. By failing to sanitize or implement security measures in a transport system;

e. By abusing transport franchise, permit and other certificates of public
convenience; 1a

f. By not disclosing on reporting information concerning breach in

transportation security; | }
g. By use of vehicles, vessels; sea crafts, any platform, propelled or non-
propelled, and aircrafts | in the transportation business for the purpose of
committing unlawful interference;
{

. By any other act of commission or omission which tend to endanger public
security and convenience’ or breach the integrity and security of a
transportation system. i


SECTION 5. Conspiracy or Proposal to Commit Unlawful Interference. -
There is a conspiracy to commit unlawful interference when two or more persons come

to an agreement to commit any act of unlawful interference defined herein and decide to.

commit it. |

There is proposal to commit’ unlawful interference when a person who has

decided to commit any act of unk interference as defined herein, proposes its

execution to some other person or persons.

SECTION 6. Jurisdiction Over Cases Involving Unlawful Interference. - The
Regional Trial Court or the Sandiganbayan, as the case maybe, shall have jurisdiction
to try all cases involving unlawful interference to transportation system.

Those charged with, or convicted of acts of unlawful interference are without
prejudice to the prosecution for any|other|act or acts penalized under the Revised Penal
Code or other existing laws. |

SECTION 7. Bail. - For offenses covered by this Act, the applications for bail
shall be subject to the Revised Rules of Court (RRC)

SECTION 8. Provisional Remedies. - After filing the crime of unlawful
interference and upon a verified motion by the prosecution, the Court shall cause the
issuance of a temporary restraining order (TRO), a writ of injunction, a writ of
attachment, garnishment or such other equitable reliefs, or issue appropriate order for
the tracking, seizure, disabling, disposal, preservation, disarmament or destruction of
the things used in the unlawful interference to prevent the same from being removed,
concealed, dissipated, destroyed, activated. transferred, assigned or otherwise
disposed of during the pendency of the ériminal proceedings.

No temporary restraining order (TRO) or writ of injunction against any order,
fegulation, circular or memorandum or| other issuances by the appropriate agency
pursuant to this Act can be issued but by the Court of Appeals or the Supreme Court.

SECTION 9. Mandates for Compliance with International Conventions. - As
member of the community of nations and as signatory state to international conventions,
itis thereby stated that a single Transportation Security Administrative Agency is created
and completely mandated to comply with the provisions of the International Ship and
Port Facility Security (ISPS) Code of the International Maritime Organization,
particularly Chapter XI-2-Regulation 1, Definitions No. 1 and 4, and Chapter 3 (3.1.2) of


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‘Annex 17 of the Civil Aviation conn of the International Civil Aviation Organization
(ICAO).

SECTION 10. Penal Provi
interference — The penalty of not less th

ns. - (a) Penalty for acts of unlawful
six (6) months to life imprisonment and a fine
of not less than Twenty Thousand Pesds (Php20,000.00) and not more than Ten Million
Pesos (Php10,000,000.00) shall be imposed upon any person or group of persons
convicted under Section 3 of this Adt; Penalty for conspiracy or proposal to commit

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unlawful interference ~ The penalty of imprisonment of not less than six (6) years but
not more than twelve (12) years|shall be imposed upon any person or persons

convicted under Section 4 of this Act: (¢) Penalty for materially supporting or financing
acts of unlawful interference — Penalty of not less than six (6) years but not more than
twelve (12) years shall be imposed upon any person or group of persons convicted
under Section 4, Paragraph a of this Act; (d) Penalties for malicious reporting - The
penalty of two (2) years imprisonment and a fine of not less than Two Hundred
Thousand Pesos (Php200,000.00) but not more than Five Hundred Thousand Pesos
(Php500,000.00) shall be imposed upon any person convicted under Section 4
Paragraph b of this Act); Penalties for violation of other provisions of this Act. The
penalty of not less than six (6) months but not more than one (1) year and a fine of not
less than Twenty (20) Thousand Pesos but not more than one (1) year and a fine of not
less than Twenty (20) Thousand Pesos but not more that Fifty (50) Thousand Pesos
shall be imposed upon any person convicted of the offense involving violation of any
other provision of this Act.

TITLE
CREATION OF THE
“PHILIPPINE TRANSPORTATION SECURITY AUTHORITY”

SECTION 1. Creation and Mandate of the Philippine Transportation
Security Authority (PTSA).- There is hereby created a single administrative agency
to wholly address and administer the transportation security management of the country
to be known as the “Philippine Transportation Security Authority” (Authority for brevity)
It shall be an agency attached to the Department of Transportation and Communications
(DOTC).

The Authority is hereby designated as the single authority or agency for the
security of all modes (air, water and land) of transportation in the country. It shall be
organized, trained and equipped to perform law enforcement function in the
transportation sector.


‘The Authority shall render, for law enforcement purposes, reciprocal support,
assistance and coordination with the Civil Aviation Authority of the Philippines (CAAP),
Philippine Ports Authority (PPA), and Maritime Industry Authority (MARINA), Subic Bay
Metropolitan Authority (SBMA), Cebu Ports Authority (CPA), Bases Conversion
Development Authority (BCDA), Philip ine Veterans Investment and Development ~
Corporation (PHIVIDEC), Land Tetspotaton Office (LTO), Land Transportation
Franchising Regulatory Board (LTFRB),| Fifipeine National Police - Aviation Security
Group (PNP-ASG), Philippine National Police - Maritime Group (PNP-MARIG), Traffic
Management Group (TMG), Armed Foi the Philippines (AFP), Philippine Coast
Guard (PCG), Airport Police (AP), Cus' is Police (CP) , Metropolitan Manila
Development Authority (MMDA), Light Rail Transit Authority (LRTA), Philippine National
Railways (PNR), Metro Rail Transit (MRT i) Office, Autonomous Region for Muslim
Mindanao (ARMM) and such other agencies related to transportation security
management. | i

The Authority is mandated to formulate, develop, implement, promote and ensure
the installation of security regulations, standards, measures, protocols, procedures,
practices, policies and charge appropriate fees to include those that are universally
acceptable, for the prevention of transportation security incident/disaster, the protection
and security of passengers, crews, cafgoes, baggage, personnel, facilities and
infrastructure, properties and the general public.

SECTION 2. Powers and Functions. - The Authority shall have the following
powers and functions: |
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a. Exercises effective control’ and supervision over all government agencies
performing, coordinating or rendering transportation security services;

b. Take responsibility for the security of all modes and means of transportation
systems in the Philippines as exercised by the different government agencies including
but not limited to screening of passengers, baggage or cargoes, hiring and retention of
transportation security personnel, and training and testing of security screener,
inspectors and verifications and audit personnel;

c. Advise the President directly or through the Secretary of Transportation and
Communications (SOTC) and/or the National Security Council (NSC) on all matters
involving transportation security. In cases of urgency, the Authority, by the Administrator,
may report directly to the President on urgent national and international transport
security concern; :


d. Formulate, develop and reat in coordination with appropriate agencies,

comprehensive and standard tlansportation security plans, policies, regulations,

measures, fees and programs to ‘decisively deal with any threat to the security of the
transport systems, and continually review, assess and upgrade such plans, regulations,
policies, measures, fees, strategies. and programs to improve and enhance
transportation security and ensure the adequacy of these security measures, fees and
programs to improve and update national transportation security upon contemporary
concepts and principles;

e. Examine, verify and audit the transport security performance, activities and
facilities of all modes of transportation system, and establish transport security
‘standards subject to a continuing review and audit;

f. Prepare and maintain @ separate National Transport Security Program,
prescribing rules and regulations for the efficient operation of land, air and
water/maritime transportation security, including procedures and screening for the
issuance of security access pass and the determination of levels of security clearance
on transportation facilities and infrastructures;

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g. Prescribe transportation Security standards in all modes of transportation

systems in the Philippines in accordance with existing laws, rules, regulations and
international conventions;

h, Exercise law enforcement power, in coordination with existing law enforcement
agencies, over all matters involving transport security, isolated or syndicated disruption
or unlawful interference upon all modes of transportation system. The Authority may
request assistance from law enforcement Agencies and, if exigency warrants, may
appoint or deputize their personnel or agencies to carry out its mandate:

i. Actively pursue “motu propio” the investigation and prosecution of any felony,
illegal act or unlawful interference committed at or directed against transportation
system, facilities and infrastructure; arrest offenders in accordance with law; and file
appropriate charges related thereto by themselves or through the appropriate
government agencies;

j, Acquire, purchase, own, administer, lease, mortgage, sell or otherwise dispose
of or encumber any real or personal property, equipment, assets and rights in
furtherance of its mandate. The Authority shall be exempt from payment of any or all
direct and indirect taxes, import fees and charges, capital gains taxes, local and national


taxes, interests, import duties, fees, taxes and charges of any kind or nature on all of its,
real and personal properties, assels, income and revenues, importations, transactions,
loans and obligations (principal or} interests) as acquired and incurred in the exercise of
its mandate under the provisions of this ae

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k. Sue and be sued with its consent

|, Procure, own, carry firearms, and have the authority to issue mission orders
thereon, subject to existing laws, rules and regulations; and

m) Perform such other functions necessary to effectively carry out the provisions
of this Act and as the President of the Philippines or the Secretary of Transportation and
Communications may direct.

SECTION 3. Administrator and Deputy Administrator: Qualifications,
Appointments and Terms of Office. — The head of the Authority shall be designated
as the Administrator with the rank of an Undersecretary, and is responsible for the
general administration and management of the Agency. He must be a natural-born
citizen of the Philippines, at least forty five (45) years of age, have experience related to
transportation security management; at least five (5) years experience in the
management of a field directly related to transportation security management or allied
services.

The Administrator shall be appointed by the President of the Philippines upon
recommendation from the Secretary of Transportation and Communications (SOTC).
The Administrator shall serve a fixed term of seven (7) years counted from the time he
takes his oath to assume office. The Administrator is assisted by a Deputy Administrator
with the rank of Assistant Secretary and shall have the same qualifications and term of
office as the Administrator.

For the purposes of law enforcement, in the exercise of its police functions, the
Administrator and the Deputy Administrator are deemed persons in authority. All
subordinate officials and personnel are deemed agents of persons in authority.

SECTION 4. Service . - For purposes of carrying out its duties and powers as
provided for in the succeeding Sections, the PTSA shall have the following major
services: Civil Aviation Security Service; Maritime Security Service; Land/Rail Security
Service: Intelligence and Communications Security Service; Planning, Policy, and Law
Service; and Administrative and Finance Service. The service is headed by an Assistant
Administrator with the rank of Director IV. |

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a. Civil Aviation Security Service (CASS) - This shall conduct continuous
inspection, monitoring, audit of facilities and operations at all levels of air transportation
system and shall monitor and/or directly implement the Authority's projects, programs
and regulations relative to security of air transportation; to conduct investigation on all
matters involving illegal acts or unlawful interference committed upon or directed t0 air
transportation facility and submit| recommendation relative thereto in adherence to
reciprocal support, assistance and coordination with the appropriate law enforcement

agencies.

b. Maritime Transportation, Security Service (MTSS) — This shall conduct
continuous inspection, monitoring, audit of facilities and operations at all levels of
maritime transportation system} shall monitor the implementation of rules and
regulations relative to security of |maritime transportation; and conduct investigation on
all matters involving illegal acts or unlawful interference committed upon or directed to
maritime transportation facility and submit recommendation relative thereto;

c. Land and Rail Security Service (LRSS) — This shall conduct continuous
inspection, monitoring and audit of facilities and operations at all levels of land and rail
transportation systems and shall monitor the implementation of the Authority's projects,
programs and regulations relative to security of land and rail transport systems; and
conduct investigation on all matters involving illegal acts or unlawful interference
committed upon or directed to| land and rail transportation systems and submit
recommendation relative thereto; |

d. Intelligence and Communications Security Service (ICSS) — It shall conduct
continuous intelligence gathering and evaluation to direct and substantiate policy
directions of the Agency. It shall likewise promulgate programs to strengthen the
intelligence capability of the Authority in securing the different modes of transportation,
including transportation communication systems, facilities, services and infrastructure in
the country;

e. Administrative and Finance Service (AFS) ~ It shall provide necessary
services relating to finande. and administrative matters; keeps records,
correspondences, supplies, property, | equipment and general services, and the
maintenance and utilization of facilities; and provide services relating to manpower,
career planning and development, personnel placements and employees welfare;

f. Planning, Policy and Law Selvice (PPLS) ~ It shall provide strategic and
tactical planning covering operations ahd budgetary allocation and policy formulations


for the agency. As the legal arm’ of the Authority, draft or study contracts affecting the
Authority; review reports relative to investigation conducted by the Authority and submit
recommendations pertaining thereto} render legal opinions arising from the
administration and operation of the Authority and adjudicate matters affecting the
regulatory issuances relative to matters of national policy on civil aviation, maritime and
land and rail transportation security;

g. Transportation Security Trait ing and Development Service (TSTDS) - It shall
formulate, develop, provide and maintain an effective, efficient and continuing training
and re-training programs for transportation security personnel and all allied agencies
and their personnel who apply standatds and recommended level of security for the
secured operation of all modes of transportation covering but not limited to screening,
verifying, auditing and inspecting of personnel, equipments and facilities involved in
providing transportation security. Conduct tests and qualifying procedures for
transportation security equipments and such other undertaking to maintain the quality
participation/contribution of man and machine in sanitizing the integrity of all modes of
transportation from criminal acts. The TSTDB undertakes the training, development and
upgrading process of all course materials, monitoring and supervision of other security
training entities, liaison and cooperation with other state training institutions,
coordination and cooperation with industries and operations for the research and
development of new technology and other endeavours which shall be essential to
conform with the national security training program, transportation security policy and
oversight functions.

h. The Authority may from time to time change its organizational structure, thus
create, merge, consolidate or abolish such functional offices or divisions, as it may
deem proper and appropriate to achieve in maximum its mandates.

i. The Authority shall establish and maintain regional offices in the different
regions of the country which shall be responsible for the implementation of this Act and
for the policies, programs and projects of the Authority in their respective regions.

SECTION 5. Removal and Filling of Vacancy. - The Administrator may be
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removed from Office by the Office the Président only for a cause in accordance with civil
service laws, rules and regulations and due process.

In case of vacancy in the Authority due to death, resignation, removal or
permanent disability of the incumbent Administrator, the Deputy Administrator shall



serve as acting Administrator in a concurrent capacity until a new Administrator is
appointed, has qualified and assumed office for the full term.

SECTION 6. Prohibition - The Administrator, Deputy Administrator, Assistant
Administrators and all other officials, officers, entire staff and personnel of the Authority
shall not own stock in or bonds of a transportation or security enterprise or in an
enterprise that manufactures equipment that could be used for transport security

purposes.

Any violation of this prohibition shall be dealt with in accordance with the existing
concept of conflict of interest as defined in the rules and regulations concerning
accountability of public officers. |

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SECTION 7. Membership in National Security Council. - The Administrator or
his duly qualified representativeldesighate possessing the same high qualification is
hereby designated as member of the National Security Council and reports directly to
the President of the Philippines regarding sensitive transportation security information.

SECTION 8. Functions, Powers and Duties of the Administrator. - The
Administrator shall have the following functions, powers and duties:

a. The sole exclusive power to interpret the provisions of this Act subject to
review on certiorari by the Court of Appeals on ground of grave abuse of discretion
amounting to excess or utter lack of jurisdiction;

b. The power to promulgate rules, fegulations and thereto charge fees, penalties,
administrative fines, and such other charges and sanctions to effectively implement the
provisions of this Act;

c. The sole and unilateral responsibility to determine sensitive security
information (SSI). The Administrator prohibits the disclosure of information, files or
records or date of any sort, if in his opinion, the disclosure of such information is: (a)
detrimental to the security of persons afd things in transportation; (b) will reveal trade
secrets or privileged or confidential it ition obtained from any person, natural or
juridical; (c) will constitute unwarranted invasion of privacy of persons, including but
not limited to information contained in any personnel, medical or similar file; and (d)
will undermine public trusts and confidence in duly constituted authorities in the
exercise of judgment calls and discretions in any or all risk managements and

preventive/pre-emptive actions undertaken. In view hereof, the Authority and all of


its officers, staff and personnel shall not be compelled to bear witness, report,
information or testimony in any! inguiry or forum of whatever nature called for the
purpose unless authorized in writing and within the scope of authorized inquiry by the
President ofthe Republic of the Philippines.

d. To administer and implement, subject to existing laws, rules and regulations,
the mandate, powers and functions of the Authority, provided that, the Administrator
may designate an officerfemployee of the Authority to serve as a law enforcement
officer; |

e. To direct and supervise ‘the management, operation, administration of the
Authority in complying with the international standards of transportation security
measures and to ensure transportation security in accordance with the approved
programs, plans, policies, procedures and guidelines. In this regard, the Administrator,
by way of Transportation Security Regulations, may exact fees; impose penalties,
administrative fines, and other chatges;

f. To administer, implement and enforce decisions, orders, fees and
transportation security rules and regulations prescribed by law and/or issued by the
Authority; |

g. To exercise visitorial and inspection powers over all transportation facilities,
complexes, buildings, offices, seaports and airports, tarmacs, wharves, terminals,
infrastructure and the likes; and issue travel and mission orders for the foregoing
purpose, and coordinate with corresponding transportation entities for the
implementation of the same. Alll transportation operators or entities shall be obliged to
accommodate on non-revenue basis the enforcement and regulatory terms duly
designated by the Authority for the purpose. All transportation system must provide
within its premises adequate operational office space and quarters for the localized
security functions of the Authority;

h. To undertake researches, studies, investigations and other activities related to
contemporary transportation system security and future innovative requirements thereof,
on his own initiative or upon instructions of higher authorities, and to submit
comprehensive reports and appropriate recommendations to the Secretary of the
Department of Transportation and Communications for his information and action;

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i. To formulate, implement, revise and update inter-modal (air, land and water)

National Transportation Security Programs and Operational Plans;


j. To prescribe collection procedures and schedules of security fees, rate and
charges consistent with prevailing international standards for the use of airports,
seaports, terminals and other transportation facilities/infrastructure. The revenue
coliected thereon shall reported, to the Philippine Treasury and shall thereafter be
disbursed by the Authority for the continuing support and upgrading the administration,
operation and services of the Authority, and for effectively carrying out the mandates of
this Act, subject to existing auditing) and accounting laws, rules, regulations and
procedures;

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k. To appoint, transfer, suspend, remove or otherwise discipline any subordinate

officer or. employee of the Authority, subject to civil service laws, rules and regulations;

\. To provide for employees benefit program and policies on promotions subject
to existing laws;

m. To organize or reorganize the structure of the Authority to meet the changing
conditions, subject to existing laws and rules on the matter;

n. To assess threats to transport security and to receive, assess and distribute
on a timely basis, ail intelligence information related to transport security;

0. To develop policies, strategies, and plans for dealing with prevention and
management crises and threats to transportation security; and ensure the installation
and enforcement of the national security plan in all transportation systems in the
Philippines; and

p. To perform such other functions necessary to carry out the provisions of this
Act; and as the President of the Philippines or the Secretary of Transportation and
Communications may direct.

SECTION 9. Police Control, Supervision and Delegation of Powers. - Without
prejudice to exercise of authority of other government agencies, the Authority shall have
jurisdiction in the control over the movement of persons, cargoes, or both, within the
operational area of any mode of transportation system and shall, therefore, possess
authority to prescribe and issue security access passes within any transport operational
area. This jurisdiction and power of the Authority shall have precedence over the
powers and functions of the government agencies in the interest of national security.


The designated law enforcement officer and personnel of the Authority or those
that maybe deputized to carry law enforcement power, shall have the power to effect
arrest or take law enforcement action on any criminal act committed within its
jurisdiction or in their presence and) may endorse the records of arrest and
apprehension to the local police officer of jurisdiction where the transport system
security incident happened. Incidental matters that may be uncovered and which may
pertain to another office, agency, bureau or division, holding or operating within the
transportation facilities and complexes must be reported to the appropriate enforcement
agencies and the same may be subjected to direct control and police action by the
operatives and elements of the Authority. |

The Authority exercises primary jurisdiction over acts of unlawful interference,
felony or acts of terrorism committed against any transport system but may delegate or
endorse same to any government agency for effective enforcement, who is likewise
obliged to accept the same and see its prompt conclusion. The Authority reserves its
right to supervise, monitor and coordinate the stages of such investigation.

SECTION 10. Personnel Complement. - For purposes of implementing the
provisions of this Act, personnel unit/offices of the Philippine Coast Guard, Philippine
Ports Authority Police (PPAP), Airport Police, Customs Police, PNP Maritime Group,
PNP-Aviation Security Group; PNP Traffic Management Group; Philippine National
Railways Police; Civil Security Unit - Air Transportation Office (CSU-ATO), and all other
government agencies having the primary or incidental duty and function of providing
transportation security may be under the supervision of the Authority.

Provided, that, subject to the limitations of this Act, Executive Order No. 277
and Executive Order No. 311, the Office for Transportation Security under the
Department of Transportation and Communications (OTS-DOTC) is hereby abolished
and the present officers and staff of the said Office (OTS-DOTC) are hereby absorbed
and shail serve as the initial officers and personnei complement of the Authority.

SECTION 11. Entry Level into the Authority. - The entry eligibility of the
absorbed personnel for the Authority, including the Administrator, the Deputy
Administrator and the Assistant Administrators shall be waived by the Civil Service
Commission, provided that the absorbed personnel possesses equivalent qualifications
in terms of training in basic security of not less than one hundred (100) hours and
extensive experience for at least two (2) years in actual investigation, intelligence and
security function or assignment in a non-tevenue generating office or agency.


SECTION 12. Promotion and Selection Board. - There shall be a promotion
Board within the Authority which shall screen and evaluate organic personnel for
promotion. Appointment and promotion process shall follow the procedures prescribed
in this Act.

All positions in the Authority hereinafter created shall be filled up in accordance
with the Authority's organizational/administrative and operational structure manual,
which shall thereto define the qualification standards consistent with the minimum
requirements of the Civil Service Commission.

The Assistant Administratorg/Directors shall be regularly appointed by the
President of the Philippines upon recommendation of the Secretary of the Department
of Transportation and Communications (SOTC). However, the Secretary of the
Department of Transportation and Communications may in the interim and in the
exigency of the service, appoint the initial batch of service directors upon the
recommendation of the Administrator. These appointed —_ Assistant
Administrators/Directors shall be the members of the AD-Hoc Committee for the
preparation and development of the Implementing Rules and Regulations (IRR) of the
Authority covering all aspects of the administration, management, operations,
logisticsfinance, legal service and policy research, law enforcement, standard
measures and practices of transportation security and all other matters affecting or
related to the full operation of the Authority, consistent and updated with prevailing
technological breakthrough.

There shall be a Promotion and Selection Board, which shall recommend to the
Administrator, the appointment of all other personnel not herein provided.

SECTION 13. Transfer of Existing Facilities. - All existing facilities, equipment
and all other assets and properties, rights, interests and privileges belonging to the
Office for Transportation Security (OTS) and such other units/agencies performing
transport security functions that may |be absorbed by the Authority, are hereby
transferred to the Authority. Immediately upon appointment and assumption of powers
and authority by the Administrator, all financial and logistical resources, facilities, and
equipment shall be released and put under the control of the Authority. All organizations
and agencies that may be absorbed by the Authority in the future shall use funds and
resources of the Authority upon enactment of this Act.

SECTION 14. Transfer of Pers¢nnel, Facilities, Equipment, Property and
Other Assets. — The Deputy Administrator and Assistant Administrators/Directors of the


absorbed OTS-DOTC shall be he members of the Ad Hoc Committee to draft the
Implementing Rules and Regulations of this Act, provided that officials and employees
of the absorbed agencies may continue to serve in their official capacity with the
Authority if duly qualified and appointed in accordance with CSC laws, rules and

regulations on eligibility.

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Immediately upon completion of the Implementing Rules and Regulations (IRR)
of this Act, the absorption process shall commerce.

SECTION 15, Headquarters, Offices and Location. - The Philippine
Transportation Security Authority (PTSA) shall have its office at the present
headquarters of the Office of Transportation Security (OTS).

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SECTION 46. Appropriation. - The amount necessary to carry out the initial
implementation of this Act shall be charged against the current year's appropriation for
the Office for Transportation Security (OTS). Thereafter, the amount necessary for the
continued operation of the authority shall be included in the annual General
Appropriation Act excepting those automatically allocated pursuant to law.

SECTION 17. Suppletory Effect of the Revised Penal Code. - The Revised
Penal Code shall have a suppletory effect to the provisions of this Act.

SECTION 18. Legal Counsel — The Office of the Solicitor General (OSG) shall
be the legal counsel of the Authority. |

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SECTION 19. Implementing Rules and Regulations (IRR). - Within ninety
(90) days from appointment, the Administrator shall promulgate rules and regulations
necessary to ensure the effective implementation of this Act. The Implementing Rules
and Regulations (IRR) shall be accomplished and recommended for approval by the
President of the Philippines wittfillonig hares and eighty (180) days from constitution

of the Ad Hoc Committee. ee
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SECTION 20. Repealing Clause. - All laws, executive orders, letters of
instruction, rules and regulations and Other issuances, or provisions thereof that are
inconsistent with the provisions of this Act are hereby repealed, amended or modified
fi
accordingly.
SECTION 21. Separability Clause - The provisions of this Act are hereby
declared separable. If any provision or portion thereof shall be held invalid or

unconstitutional the other provisions will temain in full force and effect.
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SECTION 22. Effectivity.. This Act shall take effect after fifteen (15) days
following its publication in two (2) national newspapers of general circulation or in the
Official Gazette, which ever comes first.

Approved