SERIES OF 2002
SUBJECT:
RULES AND REGULATIONS CONCERNING THE ISSUANCE OF DTI ACCREDITATION OF MOTOR
VEHICLE PRIVATE EMISSION TESTING CENTERS (PETCS)
Whereas, pursuant to Sec. 21(d) of Republic Act No. 8749,
otherwise known as the Philippine Clean Air Act of 1999, the DTI is mandated to develop
and implement standards and procedures on the licensing of qualified private
service centers and their technicians as prerequisite for performing the
testing, servicing, repair and the required adjustment to the vehicle emission
system;
Whereas, Article 24 Section 21(b)(3) of RA 8749 states that
the DOTC shall "authorize private emission testing centers duly accredited
by the DTI;"
Whereas, pursuant to Presidential Decree No. 1572, the DTI
is mandated to implement accreditation of repair and service firms or
establishments and their technical personnel in order to protect the interest
of the consumers availing of their services;
Whereas, pursuant to Executive Order No. 292, Series of
1987, the Department of Trade and Industry is empowered to formulate and
implement policies, plans and programs relative to the development, expansion,
promotion and regulation of trade, industry, and investment; and is mandated to
protect consumers from trade malpractice;
Now wherefore, and in pursuance thereto, the following rules
and regulations governing the issuance of accreditation of PETCs is hereby
prescribed and promulgated for the compliance, information and guidance of all
concerned.
1.0 SCOPE
1.1 This Department
Administrative Order (DAO) promulgates the rules and regulations for the
implementation of the DTI-DOTC Joint Administrative Order No. 01 Series of
2001, Guidelines for Accreditation and Authorization of Motor Vehicle Emission
Testing Centers (PETCs) as mandated in the Republic Act No. 8749, otherwise
known as “The Philippine Clean Air Act of 1999”.
1.2
The
rules and regulations describe the objectives, structure, guidelines and
procedures designed to ensure the efficient and effective implementation of the
DTI nationwide Accreditation Program for PETCs.
2.1 DTI – Department of Trade and Industry
2.2 BTRCP – Bureau of Trade Regulation and
Consumers Protection
2.3 DTI RO/PO – Refers to DTI Regional Office
or Provincial Office
2.4 TESDA –
Technical Education and Skills Development Authority
2.5 DOTC –
Department of Transportation and Communications
2.6 Accreditation – A formal recognition by
DTI of an motor vehicle private emission testing center as competent to carry out the task on motor vehicle
emission testing.
2.7 Applicant – A person, natural or juridical, seeking
accreditation to engage in emission testing business.
2.8 Approved Signatory – Any officer nominated/designated by the
applicant/grantee competent to evaluate test results critically and occupying a
position involving responsibility for adequacy of test results, eligible for
approval as signatory of endorsed test documents.
2.9 Authorized
Representative – A person duly authorized by the applicant/grantee to represent
the PETC in matters relating to the accreditation. He is the official contact
person of the PETC.
2.10
Assessment – A
process of determining whether an organization, individual, process or service
meets the requirements of standards or guides.
2.11
Assessment Procedural
Manual – A document which contains guidelines, objectives, structure and
procedures for the efficient and effective implementation of the accreditation
of PETCs.
2.12
Assessment Team – A
group of two or more assessors designated by the DTI who assesses the
applicant’s conformance to the requirements for accreditation.
2.13
Bond – An amount
issued in favor of the Republic of the Philippines which, shall guarantee the
faithful and honest performance of the job done by the accredited PETC.
2.14
Private Emission
Testing Center (PETC) – A private facility engaged in testing the level of opacity
and/or the analysis of the gaseous emission of a motor vehicle.
2.15
Private Emission
Testing Center Advisory Committee - A body designated by the Secretary of the
Department of Trade and Industry that shall formulate and review policies
pertaining to accreditation of motor vehicle emission testing centers.
3.3 The DTI
Accreditation Program shall be implemented nationwide.
3.4 For guidance,
applicants shall be provided with the Checklist of Requirements (See Annex A,
PETC Form 01) and the DTI-DOTC Joint Administrative Order (JAO) No. 01 Series
of 2001, Guidelines for the Accreditation and Authorization of Motor Vehicle
Emission Testing Centers.
3.5 All applicants shall however, comply with the requirements as provided in JAO No. 01, Series of 2001. Documentary requirements shall be accomplished by the applicant and submitted to DTI including the applicants’ letter of intent.
3.6 Assessment of PETCs shall be based on the
requirements specified in the JAO No. 01, Series of 2001.
3.7 A Certificate of Accreditation shall be issued to a PETC
that meets all the requirements of the DTI accreditation program.
4.1 The BTRCP shall
be the lead agency in the management of the DTI Accreditation Program for
PETCs.
4.2 All Regional and Provincial Directors shall be responsible
for the implementation of the accreditation program in their jurisdictions.
They shall designate a permanent staff (Accreditation Officer) who shall be in
charged of all accreditation matters.
5.1
DTI - BTRCP
The DTI, through the BTRCP, shall oversee the
implementation of the accreditation program for PETC. It shall have the
following functions:
5.1.1
Formulate and
prescribe policy guidelines for the transparent, efficient and effective
implementation of the accreditation program for PETC;
5.1.2
Exercise visitorial
powers over the applicants and accredited PETCs;
5.1.3
Maintain a Registry of
Accredited Motor Vehicle Private Emission Testing Centers and of accredited
technicians for each center.
5.1.4
Develop and maintain
an Assessment Procedural Manual;
5.1.5
Maintain a registry
of qualified assessors;
5.1.6
Enter into agreement
with other government agencies and private sector in the implementation of the
accreditation program;
5.1.7
Represent DTI in
various interagency activities like consultative meetings, seminars/workshops
geared towards the improvement of the accreditation program;
5.1.8
Coordinate closely
with the DOTC and other DTI agencies on the accreditation, authorization of
PETCs; and
5.1.9
Undertake such other
appropriate measures as may be deemed necessary to improve the accreditation
program.
5.2
DTI REGIONAL OFFICE (RO)
5.2.1 The Regional
Director shall sign the Certificate of Accreditation of PETCs endorsed by the
Provincial Director.
5.2.2 Exercises
visitorial power over the facilities of applicants and accredited PETC for
purposes of determining compliance with the conditions of accreditation and to ensure
the quality and effectiveness of the tests conducted.
5.2.3 Regularly furnish BTRCP of all information
of every motor vehicle private emission testing centers accredited.
5.2.4
Ensures adequate and
appropriate staff resources who shall implement the accreditation program.
5.3 DTI PROVINCIAL OFFICE (PO)
5.3.1
The Provincial
Director shall endorse to the Regional Director the Certificate of Accreditation for his signature.
5.3.2 Accepts, reviews and processes applications
for accreditation of applicants operating within their jurisdiction.
5.3.3 Grants and releases the Certificate of
Accreditation to applicants that comply with all the requirements of the
accreditation program.
5.3.4 Assists in the assessment of PETCs in the
DTI RO or PO through its trained and qualified assessors.
5.3.5 Represents DTI and
participates in meetings, conferences, seminars, training courses and other
events related to the PETC accreditation in their area of jurisdiction.
5.3.6
Determines and informs
potential investors of PETCs of the supply and demand situation in his area of
jurisdiction. However, he shall not prohibit them from filing applications
anytime if they are interested in the PETC accreditation.
5.4 ACCREDITATION OFFICER(S)
5.4.1 The Regional
and Provincial Directors shall designate a permanent Accreditation Officer, who
shall have technical background, and who shall be responsible for the
accreditation activities within their jurisdiction. The Accreditation
Officer(s) shall report directly to the Regional or Provincial Director and
shall have the following functions:
a. Acts as contact
and liaison officer between the Regional or Provincial Office and its clients
by providing information and advice on DTI accreditation procedures, criteria
for accreditation, fees and services and on other technical matters.
b.
Schedules,
coordinates and controls all assessments, review visits and special assessments
relating to the relevant field, ensuring that they are carried out in accordance
with the Assessment Procedural Manual and within the time schedule.
c. Ensures that
application for accreditation, review, or re-assessments are acted upon in
accordance with the requirements of this DAO.
d. Accepts and
reviews reports on surveillance visits and assessments and takes action on the
recommendations of such reports.
e. Maintains
relevant client files and database records ensuring that information contained
therein is accurate, up-to-date, legible, relevant and sufficient to
demonstrate full compliance with the DTI accreditation procedures and criteria.
f. Ensures that clients are billed for all
assessment activities.
g.
Ensures that the procedures described in the Assessment Procedural Manual
are followed.
h.
Monitors and reviews assessment activities to ensure that all the
relevant expenses are presented to the Administrative Finance Unit for action.
5.5 ADMINISTRATIVE
SUPPORT STAFF
The
Administrative Support Staff shall be designated by the Regional or Provincial
Director who shall be responsible for providing administrative support to the
PETC accreditation scheme. His functions are as follows:
5.5.1 Processes application for accreditation.
5.5.2 Maintains
database records including scope of accreditation, assessment schedules and
conditions clearance dates.
5.5.3 Answers program-related customer queries.
5.5.4 Maintains availability of standard forms and
other documents.
5.5.5 Dispatches relevant
information materials to prospective clients and records client information for
future follow-up.
5.5.6 Performs
general administrative activities including client file maintenance,
photocopying, organization of program mail-outs and upkeep of program booklets.
5.5.7 Ensures that
clients have paid outstanding debts and arrearages prior to the awarding of
accreditation and continued accreditation.
5.6 ADVISORY BODY
5.6.1 The DTI Accreditation Program for PETC shall
have an Advisory Body in all matters pertaining to accreditation of PETC.
5.7 ASSESSMENT TEAM AND ACCREDITATION
COMMITTEE
5.7.1 The Provincial Director shall designate an Assessment Team which, shall be composed of qualified DTI assessors and technical experts/assessors from the DOTC/LTO or private experts duly recognized by the BTRCP.
5.7.2 The Assessment Team shall have the following functions:
a. Review and evaluate the appliccation and other documentary requirements; and
b. Conduct on-site assessment
of the applicant and/or the accredited DTI PETCs; and
c. Submit to the Accreditation Committee
its assessment report within one week after an on-site assessment thereof.
5.7.3
The Accreditation
Committee shall be composed of an Accreditation Officer as Chairman, assessment
Team Leader, and DOTC/LTO or private sector experts.
5.7.4 The Accreditation Committee shall submit
within 1 week an evaluation report to the Provincial Director for his
approval/disapproval of the accreditation.
5.8.1 All information received by the DTI in the processing,
granting, maintenance and renewal of accreditation by motor vehicle emission
testing centers shall be treated confidential so as not to prejudice the
activities of their clients and the privacy of other individuals.
5.8.2
All DTI staff
involved in the accreditation activities like the staff, assessors, technical
experts and members of committees shall sign a confidentiality agreement.
5.8.3
Only authorized staff
shall have access to client information and files. DTI staff shall be aware at
all times of their obligation to maintain confidentiality of all files, reports
and other documents in their care. They shall be used, stored and handled in
secure manner so as to ensure that no breach of confidentiality occurs.
5.9 MANAGEMENT REPORTING
Provincial Directors shall submit to the Director of the BTRCP monthly reports containing the following:
5.9.1
Summary of new applications received
for every month;
5.9.2 Summary of
initial assessments, review visits, or re-assessments undertaken every month;
5.9.3 Summary of accreditation granted, withdrawn
or suspended;
5.9.4 Summary of significant forthcoming events or
activities; and
5.9.5
Other matters of
relevance.
6.0 DTI ACCREDITATION PROGRAM
DOCUMENTARY REQUIREMENTS
Application requirements
shall be those specified in Article III of JAO No. 01 Series of 2001, as
follows:
6.1 Every branch office of a PETC shall apply for a separate
accreditation. It shall be subject to the same requirements and processing
procedure for accreditation and charged with the same fees as that of the main
facility of the PETC.
6.2
Qualifications of an Applicant
6.2.1 Any
natural person who is at least 18 years of age or any juridical person who is
not disqualified by any existing law or regulation to engage in vehicle
emission testing activity is qualified to apply for accreditation provided,
that the following requirements are complied with.
6.2.2 A
center duly accredited by DTI as a motor vehicle emission testing center may
apply for DOTC authorization provided it meets the requirements of the DOTC
authorization requirements.
6.3 Documentary
Requirements ( see Annex A: PETC Form 01)
6.3.1 A duly
accomplished application form, under oath.
6.3.2 A certified true copy of the following:
a. For sole
proprietorship, Certificate of Business Name Registration
b. For corporation/partnership, Securities and
Exchange Commission Certificate of Registration and Articles of
Incorporation/Partnership and Board Resolution, issued by the Board Secretary,
specifying the name of authorized representative who must be an officer of the
corporation/partnership
c. For cooperative, Cooperative Development
Authority Certificate of Registration and Articles of Cooperation and Board
Resolution, issued by the Board Secretary, specifying the name of authorized
representative who must be an officer of the cooperative
6.3.3
Mayor’s permit
6.3.4
BIR Registration and
TIN
6.3.5
SSS Membership
Certificate
6.3.6
Audited Financial
Statement for the last two (2) years or a Pre-operating Financial Statement
whichever is applicable, showing that the owner-applicant
shall be in such financial condition as to reasonably expect it to operate for
at least one (1) year.
6.3.7
Location map of the
center and layout of the center, including dimensions, proximity/location to
the nearest LTO District Office.
6.3.8
Organizational
structure showing the relationship between the center and other operations of
the firm, when applicable, and the structure of the center showing its
personnel and its functions.
6.3.9
List of personnel
involved with the operation of the center including their job descriptions,
responsibilities and qualifications, including the Certificate of Competency as
Motor Vehicle Emission Control Technician (MVECT) issued by TESDA.
7.0 GENERAL REQUIREMENTS FOR PETCs
General
and minimum requirements shall be those specified in Article IV of DTI-DOTC JAO
01 Series of 2001, as follows:
7.1 PERSONNEL
7.1.1
A
technician shall be certified as a Vehicle Emission Control Technician (MVECT)
by TESDA.
7.1.2
Personnel performing
specific tasks shall be qualified on the basis of appropriate education, training,
experience and/or demonstrated skill, as required.
7.1.3 The testing
center shall maintain current job descriptions for managerial, technical and
key support personnel involved in testing.
7.1.4
The PETC management
shall authorize specific personnel to perform particular sampling, tests, to
issue test reports, to give opinions and interpretations and to operate the
emission testing equipment.
7.2 ACCOMMODATION AND ENVIRONMENTAL CONDITIONS
7.2.1 The work area
shall be within a permanent site and shall have a maneuvering area/site of at
least 6 m wide x 6 m long per proposed number of vehicle to be inspected at any
given time where the driver can park for off-highway emission testing.
7.2.2
The facility for
testing and/or calibration, including but not limited to energy sources,
lighting and environmental conditions shall be such as to facilitate correct
performance of the tests and/or calibrations.
7.2.3
The area in which the
test will be undertaken shall not invalidate the results or adversely affect
the required accuracy of measurement.
7.2.4 Measures shall
be undertaken to ensure good housekeeping in the facility. Special procedures
shall be prepared where necessary.
7.3 TEST PARAMETERS TO BE MEASURED
The
following test parameters to be measured are as follows:
7.3.1 For gasoline vehicles : hydrocarbon (HC) and
carbon monoxide (CO), NOx and
other
pollutants as may be specified by law
7.3.2 For diesel vehicles :
opacity and/or particulate matters
7.4 EQUIPMENT
7.4.1 The center shall have the
minimum test equipment required in the test procedures, as follows:
a. For testing of gasoline-fuelled vehicles: gas analyzer
b. For testing of diesel-fuelled vehicles : opacimeter
7.4.2 The equipment shall be
certified by the Department of Environment and Natural Resources (DENR).
7.4.3 All emission
testing equipment shall conform to the specifications of the appropriate
Philippine National Standards (PNS). The equipment shall be properly calibrated
and have reference/operating manuals.
7.4.4 The equipment
and its software used for testing, and sampling shall be capable of achieving
the accuracy required and shall comply with specifications relevant to the
tests.
7.4.5
Authorized personnel
shall operate the equipment. Up-to-date instructions on the use and maintenance
of equipment (including any relevant manuals provided by the manufacturer of
the equipment) shall be readily available for use by the appropriate personnel.
7.5 TEST METHODS/PROCEDURES
The test methods/procedures that shall be followed shall be
those specified in the Clean Air Act and its Implementing Guidelines as
follows:
7.5.1
Annex B: Emission
Test Procedure for In-Use Motor Vehicles Equipped with Spark Ignition Engines
7.5.2 Annex C: Free
Acceleration Test for In-Use Compression-Ignition Motor Vehicles
7.6 TEST REPORTS/CERTIFICATES
A test report shall be issued by the PETC, which shall contain at least the following information:
7.6.1
Title (e.g. “Test
Report” or “Test Certificate”);
7.6.2
Name and address of
the center, and location where the test was carried out, if different from the
address of the center;
7.6.3 Unique identification of the test report or
certificate (such as a serial number)
7.6.4 Name and address of the client;
7.6.5 Identification of the test method used;
7.6.6
Description,
condition, and unambiguous identification, of the vehicles tested;
7.6.7
Date test was
conducted;
7.6.8 Test results with the units of measurement of
actual test as compared to standard;
7.6.9
Names(s) function(s)
and signature(s) or equivalent identification of person(s) authorizing the test
report; and
7.6.10
Statement to the
effect that the results relate only to the items tested.
7.7 HANDLING OF COMPLAINTS
The
PETC shall have a policy and procedure for the resolution of complaints
received from clients or other parties. Records shall be maintained of all
complaints and of the investigations and corrective actions undertaken by the
center.
7.8 COMPLIANCE WITH PNS ISO/IEC 17025
In recognition of the need
to upgrade the accreditation scheme in accordance with international standards
for competence of testing laboratories (centers), all PETCs shall comply with
PNS ISO/IEC 17025, General requirements for the competence of testing and
calibration laboratories.
Upon issuance of certificate of accreditation, the PETC
shall execute an oath of undertaking that shall contain the PETC’s commitment
through an action plan to comply with the provisions of PNS ISO/IEC 17025
within one (1) year from grant of accreditation.
8.0 FEES AND CHARGES; AND BOND REQUIREMENT
8.1 Fees and charges for accreditation shall depend on the PETC’s size in terms of its assets and the number of hours and assessors for each assessment as indicated in DTI-DOTC JAO 01 Series of 2001.
|
Fees and Charges |
Amount in Philippine Peso, PhP |
|
Application fee (non-transferrable, payable upon filing of application) |
300.00 |
|
Assessment fee( includes document review, follow-up and verification visits, payable within 15 day) Small Medium Large |
8,000.00 16,000.00 24,000.00 |
|
Reassessment fee (applicable only in cases of verification visit) Small Medium Large |
4,000.00 8,000.00 12,000.00 |
|
Accreditation certificate Small Medium Large |
3,000.00 4,000.00 5,000.00 |
|
Annual accreditation fee Small Medium Large |
1,000.00 2,000.00 3,000.00 |
|
Other fees Certifications or additional copy of certificate
|
500.00 |
Note: Small: PhP 1M – 15M; Medium: PhP 15M – 100M; Large: Over PhP 100M
8.2 A bond in the amount of One Hundred Thousand Pesos (PhP100,000.00) shall be posted before the issuance of the certificate of accreditation.
9.0 ACCREDITATION PROCESS
(See Annex B for Accreditation Process Flowchart)
9.1 INQUIRIES RELATING TO
ACCREDITATION
Inquiries relating to
accreditation of PETC shall be addressed to the BTRCP and/or to the DTI
Regional Office (RO) and Provincial Office (PO). Records of such inquiries shall be maintained by the DTI Office
concerned.
9.2.1 Application shall be filed at the Trade and
Industry Building, 361 Sen. Gil J. Puyat Avenue, Makati City or to the
appropriate DTI RO or PO, as the case may be.
9.2.2
A
motor vehicle emission testing center seeking and maintaining accreditation is
required to satisfy the requirements of the DTI Accreditation Program.
9.2.3
Applications
for accreditation shall be made only by legally identifiable PETC and only by
filing in the prescribed application form.
9.2.4
Each
applicant is required to provide BTRCP/DTI RO/PO a copy of the PETC operations
manual and other supporting documentation.
9.3.1 Upon receipt of the documents by the
Accreditation Officer, he shall check the documents submitted based on the
Checklist of Requirements (PETC Form 01).
9.3.2
After
all the required documents are submitted, the Accreditation Officer shall
indicate receipt thereof in space provided in PETC Form 01.
9.3.3
The
Accreditation Officer shall assign a specific number for each applicant. This
shall be used as a reference relating to his application.
9.3.4
DTI
personnel shall record in the logbook the following:
a.
Name of applicant
b.
Service area and the
number of lanes applied for
c.
Date of filling
d.
Name and signature of
the person who submitted the application
e.
Signature of the DTI
personnel who received the application
9.4 REVIEW AND EVALUATION PROCESS
9.4.1 All application/documents shall be reviewed
and evaluated by the Assessment Team that will be designated by the Provincial
Director. The Assessment Team shall evaluate the completeness of application
based on the checklist of accreditation requirements, and evaluate the
application based on financial capability to establish the PETC; nature and/or
purpose of the business based on SEC or DTI records; and authenticity of
documents submitted.
9.4.2
The
Assessment Team shall determine the readiness of the applicant for an on-site
assessment.
9.4.3 Applicants that are ready for an on-site
assessment shall be informed officially of the schedule of the on-site
assessment. Those not considered shall be notified accordingly.
9.5 ASSESSMENT PROCESS
9.5.1 The basic objective of the assessment is to
confirm that the requirements of the
DTI-DOTC accreditation and authorization guidelines are followed and to ensure
that the PETC can competently perform
the required motor vehicle emission testing.
9.5.2
Assessment is carried out by the Assessment Team which, shall initiate
with an opening meeting. The Assessment Team shall be composed of a team leader
and a Technical Expert, selected for the relevance of their expertise and
freedom from conflict of interest.
Assessors and Technical Experts must be qualified according to the
specified qualification requirements.
9.5.3 Assessments shall be conducted within a
period depending on the size of the PETC. Assessments include detailed
discussions with management and testing staff, inspection of equipment and
premises, and examination of documentation and records. Assessors normally witness actual testing by
the technicians.
9.5.4 A closing meeting is held at the completion
of the assessment. The Authorized Representative is provided with a draft
written report of the findings. These findings are discussed with the PETC’s
management during the closing meeting.
9.6 CORRECTIVE
ACTIONS
9.6.1 The applicant PETC shall be informed of the deficiency or non-conformity
if any, with the requirements based on the assessment done. The PETC shall be
given a maximum period of thirty (30) days to make corrective actions on the
deficiencies found therein.
9.6.2 Within the 30-day period, the applicant shall submit and
implement its corrective actions. Otherwise, the application shall be deemed
abandoned and the corresponding fee shall be forfeited in favor of the
government.
9.7
REPORT OF ASSESSMENT
9.7.2
The
Assessment Report shall be prepared and submitted by the Assessment Team to the
Accreditation Committee.
9.7.3
The
Accreditation Committee shall evaluate the results of assessment and submit the
said results to the Provincial Director for approval/disapproval of the
accreditation.
9.8 APPROVAL/DISAPPROVAL OF APPLICATION
9.8.1
Upon
receipt of the evaluation result from the Accreditation Committee, the
Provincial Director shall decide on the approval/disapproval of the
accreditation.
9.8.2
In
case of disapproval of accreditation, the Provincial Director shall notify the
applicant in writing stating the ground for the disapproval.
9.8.3
The
Provincial Director shall endorse the Certificate of Accreditation to the
Regional Director for his signature.
9.9 ISSUANCE OF DTI
CERTIFICATE OF ACCREDITATION
9.9.1 The DTI Regional Director shall sign the
Certificate of Accreditation endorsed by the Provincial Director for approval.
9.9.2
The
Regional Director shall send to the Provincial Director the signed Certificate
of Accreditation.
9.9.3 The DTI, through the DTI-PO, shall issue an official letter
informing the applicant of the granting of accreditation. The applicant shall
be required to pay the prescribed fees and post the required bond in the amount
of One Hundred Thousand Pesos (PhP100,000.00).
9.9.4
The Certificate of Accreditation shall include the following
information:
a.
The name and address
of the center
b. The scope of accreditation
c. The effectivity of accreditation
d.
The accreditation
number
e. Service area and
the number of accredited lanes
9.9.5
The Certificate of
Accreditation shall be valid for 3 years unless the certificate of accreditation is sooner cancelled or withdrawn. After 3
years, a re-assessment shall be conducted if the PETC decides to continue its
accreditation.
9.9.6
Accredited PETC that intends to renew its accreditation shall file
application for renewal three (3) months before the validity expires.
9.9.7
In case the
Certificate is lost or destroyed, the accredited PETC may request for a
certified true copy based on the records and upon payment of the prescribed
fee.
9.9.8 PETCs duly
accredited by the DTI shall accordingly, be authorized by DOTC as provided for
under Article 24 Section 21 of R.A. 8749.
9.10
APPEAL
9.10.1
An applicant
aggrieved by the final decision of the DTI-RO Director may, within fifteen (15)
days from receipt of such decision, file an appeal to the Office of the DTI
Secretary. The decision of the Secretary shall be immediately executory.
9.10.2
The grounds for
appeal shall be limited to grave abuse of discretion and serious errors in the
findings of fact, which may cause grave or irreparable injury to the aggrieved
applicant.
9.11 MONITORING INSPECTION OF ACCREDITED PETC
9.11.1 An accredited PETC shall
continue to comply with the accreditation requirements.
The
Authorized Representative is required to notify the DTI Regional Office at
least five days before effecting change of:
- name of the
PETC,
-
authorized representative and personnel, and
- changes on accommodation and equipment (e.g. change in
location, or physical lay-out).
9.11.2 DTI shall undertake monitoring and inspection activity of
all accredited PETCs to check the consistent conformance to the accreditation
requirements.
9.11.3 Surveillance visits of
accredited PETCs shall be conducted at least once every 12 months after
accreditation is granted.
9.12 WITHDRAWAL/CANCELLATION OF ACCREDITATION
9.12.1 Accreditation shall be withdrawn if the PETC,
a.
fails to achieve full compliance;
b.
declines to take appropriate corrective action on the conditions for
accreditation within a reasonable period of time;
c.
does not intend to renew its accreditation at the end of the
accreditation period;
d.
voluntarily declares non-interest in accreditation within the
accreditation period; and
e. upon
final decision of the DTI-RO revoking/cancelling PETC’s accreditation on any of
the grounds enumerated under Art. XV of the DTI-DOTC JAO No 01, Series of 2001.
11.0 PENALTIES
11.1 Any violation of this
Order shall be subject to administrative actions under E.O No. 913, Series of
1983 without prejudice to the criminal or civil actions under R.A. No. 4109
and/or R.A. 7394.
12.0 SEPARABILITY CLAUSE
12.1 If for any reason any
article or provision of this Order or any portions thereof or the application
of such section, provision or portion thereof to any person or group or
circumstances is declared invalid or unconstitutional, the remainder of this
Order shall not be affected by such declarations.
13.0 REPEALING CLAUSE
13.1 Any related orders or parts
thereof which are inconsistent with provisions of this Administrative Order are
hereby repealed or amended accordingly.
14.1 This
Order shall take effect fifteen (15) days after its publication in the Official
Gazette and in two newspapers of general circulation in the Philippines.
RECOMMENDING APPROVAL:
JESUS L. MOTOOMULL ADRIAN
S. CRISTOBAL, JR.
Caretaker, BTRCP Undersecretary,
CWTRG
APPROVED
MAR ROXAS
Secretary