MANILA, Philippines—The Department of Justice sees nothing unconstitutional in the scope of the powers and functions of the proposed Philippine Transportation Security Authority (PTSA) that will oversee security at ports, airports, roads and rail systems.

In a legal opinion, Acting Justice Secretary Agnes Devanadera said the PTSA may be given law enforcement powers to implement a comprehensive security program meant to prevent terrorism and economic sabotage.

Transportation Secretary Leandro Mendoza sought the clarification and reconsideration of the DOJ’s legal opinion on Aug. 13, 2009, that expressed reservations about the constitutionality of the House bill creating the PTSA.

“The ‘one police force’ requirement… of the present Constitution does not mean that only the PNP may exercise law enforcement functions,” Devanadera said in a more recent legal opinion.

She said the provision for “one police force” under Section 6, Article 16 of the Constitution only means to correct the previous situation of the Philippine Constabulary and Integrated National Police where there were two police forces.

The PC was national in scope and military in character, while the INP was local in scope and civilian in character.

“Verily, as (the transportation secretary) mentioned, other agencies of the executive branch of the government may exercise law enforcement functions in order to carry out their specialized functions,” Devanadera said.

“The exercise by these agencies of law enforcement functions has for its basis the power of the President to ‘ensure that the laws be faithfully executed’ as provided for Section 17, Article Seven of the 1987 Constitution,” she said.

Devanadera said that on the basis of this power of the President, the PTSA, being an attached agency of the Department of Transportation and Communications, could be given enforcement powers.

The PTSA’s powers are for the implementation the security systems meant to address terrorism, economic sabotage and other forms of illegal activities “that breach the integrity and security of all international and national transportation systems.”

Devanadera, however, said the favorable opinion was based on the understanding that the PTSA shall only exercise operational control and supervision over all units of law enforcement agencies and personnel in public transportation systems.

Based on documents submitted to the DOJ, Devanadera said it was their understanding that the PTSA should be engaged in a specialized task of implementing a comprehensive transportation security system and not in the broader task of maintaining peace and order in the community.