MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

[ Memorandum Order No. 267, December 7, 1989 ]

DIRECTING THE TEMPORARY TAKE-OVER OR DIRECTION OF THE OPERATIONS OF JD TRANSIT, INC. AND DM CONSORTIUM, INC.

WHEREAS, under Proclamation No. 503, S. of 1989, a state of national emergency has been declared throughout the country;

WHEREAS, Article XII, Section 17 of the 1987 Constitution, states that:

“In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.”

WHEREAS, in order to prevent disruption of vital public transportation services in Metropolitan Manila during the state of national emergency, public interest requires that certain bus companies which have recently ceased their operations be temporarily taken over and operated by the Department of Transportation and Communications;

WHEREAS, JD Transit, Inc. and DM Consortium, Inc. have ceased their operations, resulting into the depletion of the available passenger buses servicing the Metropolitan Manila Area;

IN VIEW THEREOF, the Secretary of Transportation and Communications is hereby directed to temporarily take over or direct the operations of JD TRANSIT, INC. and DM CONSORTIUM, INC. for the duration of the national emergency and for the following purposes:

1. To place all the bus units of the aforesaid bus companies in operation for service of the Metropolitan Manila commuters and,

2. To augment the existing fleet of buses plying Metropolitan Manila.

In the implementation of this Memorandum Order, the Secretary of Transportation and Communications shall employ reasonable means so that damage to property and injury to person shall be avoided, shall recommend the appropriate measures that shall provide just compensation to the owners for the use of their buses and facilities, and when necessary, may call upon assistance of the appropriate government agency.

The Secretary of Transportation and Communications shall immediately report to the Office of the President the results of the implementation of this Memorandum Order.

This Memorandum Order shall take effect immediately.1aшphi1

DONE in the City of Manila, this 7th day of December, in the year of Our Lord, nineteen hundred and eighty-nine.

(Sgd.) CORAZON C. AQUINO

By the President:

(Sgd.) CATALINO MACARAIG, JR.
Executive Secretary


The Lawphil Project - Arellano Law Foundation