Executive Order No. 74, s. 2019 - The Power of the President to approve Reclamation Projects. - PH Trending

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Monday 4 February 2019

Executive Order No. 74, s. 2019 - The Power of the President to approve Reclamation Projects.

Executive Order No. 74, s. 2019

Signed on February 1, 2019

Published on: February 4, 2019

WHEREAS, in pursuit of the policy of the State to provide for a coordinated,
economical and efficient reclamation of lands, and the administration and operation
of lands belonging to, managed and/or operated by the government, with the objective of maximizing their utilization and hastening their development consistent with the public interest, Presidential Decree No. 1084 created the Public Estates Authority (PEA) for reclaiming land, including foreshore and submerged areas, by dredging, filling or other means, or to acquire reclaimed land, among others;

WHEREAS, EO No. 525 (s. 1979) designated the PEA as the agency  primarily responsible for integrating, directing and coordinating all reclamation projects for and on behalf of the National Government and mandated that all reclamation projects shall be approved by the President upon the recommendation of the PEA; 

WHEREAS, EO No. 380-A (s. 2006) renamed the PEA as the Philippine  Reclamation Authority, and EO No. 543 (s. 2006) delegated to the PRA, through its  Governing Board, the President's power to approve reclamation projects, subject to  compliance with existing laws and rules, and subject further to the condition that  reclamation contracts to be executed with any person or entity shall go through 
public bidding; 

WHEREAS, EO No. 146 (s. 2013) transferred the delegated power to approve  reclamation projects from the PRA to the National Economic and Development  Authority (NEDA) Board, while allowing the PRA to continue processing, evaluating  and recommending the approval of all proposed reclamation projects to the NEDA  Board; 

WHEREAS, by virtue of EO No. '798 (s. 2009), the PRA was transferred from the Department of Public Works and Highways to the Department of Environment and Natural Resources (DENR);

WHEREAS, the Constitution mandates the State to protect and advance the 
right of the Filipino people to a balanced and healthful ecology; 

WHEREAS, it is the policy of the State to increase its competitiveness, 
promote ease of doing business, and rationalize and streamline functions of agencies to facilitate efficient delivery of government services; 

WHEREAS, there is a need to rationalize the approval process for reclamation projects towards an economically and environmentally sustainable  resource development; 

WHEREAS, Section 31, Chapter 10, Title III, Book III of EO No. 292 (s. 1987) or the "Administrative Code of 1987," vests in the President the continuing authority  to reorganize the administrative structure of the Office of the President; and 

WHEREAS, pursuant to Section 17, Article VII of the Constitution, the President shall have control of all the executive departments, bureaus and offices, and shall ensure that the laws be faithfully executed; 

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing  laws, do hereby order: 

Section 1. Repeal of EOs. EO No. 798 and EO No. 146 are hereby repealed. 

Section 2. Transfer and Delegation of Power. The PRA shall be under the control and supervision of the OP, while the power of the President to approve all reclamation projects shall be delegated to the PRA Governing Board. Such delegation, however, shall not be construed as diminishing the President's authority  to modify, amend or nullify the action of the PRA Governing Board. 

Section 3. Technical Evaluation. Pursuant to its mandate to integrate, direct and coordinate all reclamation projects for and on behalf of the National Government, the PRA is mandated to seek the advisory opinions of the following relevant national government agencies on any proposed reclamation project: 

a) The NEDA, on the consistency of the project with national and regional development planning and programming, and established national priorities of  the government; 

b) The DENR, on the environmental sustainability of the project and compliance  with environmental laws, rules and regulations; and 

c) The Department of Finance, on the economic and fiscal viability of the project based on the feasibility study submitted by the project proponent, compliance   with Republic Act (RA) No. 6957 and RA No. 9184, and consistency of component joint venture agreements or other incidental agreements with applicable laws.

The above agency advisory opinions must be conveyed to the PRA within thirty (30) days from their receipt from the PRA of all documents reasonably necessary for their respective evaluation.

Section 4. Environmental Compliance Certificate. No reclamation project shall be approved by the PRA without the required Area Clearance and Environmental Compliance Certificate to be issued by the DENR. The DENR shall ensure transparency and inclusivity in the conduct of the Environmental Impact  Assessment which shall include public disclosure and multi-stakeholder 

Section 5. Competitive Bidding. Subject to relevant laws and regulations, the PRA shall ensure that all reclamation projects undergo competitive public bidding consistent with the government's thrust to promote transparency and  competitiveness. 

Section 6. Holistic Approach to Reclamation. All proposals for reclamation 
projects shall be evaluated by the PRA based on their cumulative impacts rather than on a specific project basis. Every proposed reclamation project shall be accompanied by hydrodynamic modelling, except for relatively small reclamation projects of less than five hectares, and detailed horizontal and vertical development  plans. 

Section 7. Reclamation and Development Plan (RDP). The PRA, in  coordination with the DENR, NEDA and affected local government units (LGUs),  shall craft a National and/or Regional RDPs which take into consideration  environmental, social and economic impacts of proposed reclamation projects. All  RDPs shall undergo public consultation and shall be consistent with the greater 
public interest. 

All proposals for reclamation projects covered by this Order must be compliant with these RDPs and relevant master plan of the concerned national government agency.

Section 8. Development Fund. The PRA Governing Board is enjoined to allot at least five percent (5%) of its net earnings to develop its capability and expertise to reclaim land, including the modernization of its dredging and reclamation technologies, subject to relevant budgetary and accounting laws, rules and regulations. The PRA shall craft and implement a five-year development plan to transform the PRA as a premier reclamation authority. 

Section 9. Coverage. This Order shall apply to all reclamation projects, including those initiated by LGUs and all other agencies, government-owned or  -controlled corporations or any government entity allowed under existing laws to  reclaim land, for which there are no contracts/agreements yet executed between  the government entity concerned and a private sector proponent prior to the 
effectivity of this Order. 

Section 10. Implementing Rules and Regulations. Within thirty (30) days  from the effectivity of this Order, the PRA shall submit to the OP for approval, the necessary rules and regulations for the implementation of this Order.  Section 11. Separability. Should any provision of this Order be declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting. 

Section 12. Repeal. All other issuances inconsistent with this Order are hereby repealed or modified accordingly.

Section 13. Effectivity. This Order shall take effect immediately. 

DONE, in the City of Manila, this ist day of February in the year of our Lord, Two Thousand and Nineteen. 

By the President: 

Executive Secretary 

PRRD 2016

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