DOJ okays Transportation Security Authority

MANILA, Philippines - The Department of Justice (DOJ) has approved the proposed Philippine Transportation Security Authority (PSTA), which is intended to provide security services in the country’s public transportation system.

In a legal opinion, Justice Secretary Agnes Devanadera said the PSTA, proposed attached agency of the Department of Transportation and Communications, would not encroach on the law enforcement powers of the Philippine National Police (PNP) and other law enforcement agencies.

She stressed that the creation of PSTA is not against the Constitution.

The proposed agency may be “given enforcement powers in order to carry out its mandate to act as the single administrative authority for the implementation of a comprehensive transportation security system,” she said.

Devanadera explained that while Article XVI Section 6 of the Constitution provides that the “State shall establish and maintain one police force, which shall be national in scope and civilian in character,” it does not mean that only the PNP may exercise law enforcement functions.

She explained that this particular provision in the Charter was just a correction of the structure of the police force when it was still handled by the Philippine Constabulary.

The DOJ chief stressed that the Constitution gives the President the authority to “ensure that the laws be faithfully executed.”

But she clarified that the PSTA “shall only exercise operational control and supervision over all units of law enforcement agencies and agency personnel providing security services in the public transportation systems.”

Devanadera said the PSTA’s task is to implement only a comprehensive transportation security system, which does not include the broad task of maintaining peace and order in the community.

The function shall include screening of passengers and their baggage and cargoes; hiring and retaining of security screening personnel; and training of security screening; inspection; verification and auditing of personnel.

She added that coordination of PSTA with existing law enforcement agencies in exercising its functions is still necessary.

Transportation Secretary Leandro Mendoza, who requested for a clarification of an Aug. 13 legal opinion 13 that expressed reservations on the constitutionality of a proposed legislation creating the PSTA, sought DOJ’s legal opinion.

The House bill, proposed by Representatives Roilo Golez, Roque Ablan Jr. and Monico Puentevella, was reportedly meant to stamp out terrorism and economic sabotage in the transport systems.