EXECUTIVE ORDER NO. 265 October 4, 1995
AMENDING EXECUTIVE ORDER NO. 315, AS AMENDED, THEREBY TRANSFERRING AND RATIONALIZING THE POWERS AND FUNCTIONS OF THE PRESIDENTIAL COMMITTEE ON THE BATAAN NUCLEAR POWER PLANT TO VARIOUS GOVERNMENT AGENCIES
WHEREAS, under Section 31, Book II of the Administrative Code of 1987, the President has continuing authority to reorganize the administrative structure of the Office of the President "in order to achieve simplicity, economy and efficiency;"
WHEREAS, the Presidential Committee on the Bataan Nuclear Power Plant (BNPP) was created under Executive Order No. 315 dated 04 January 1988, as amended by Executive Order No. 13 dated 19 August 1992, to oversee, supervise and coordinate all legal claims and options, loans and financial obligations, and maintenance and preservation, including the disposition or liquidation of all assets relating to BNPP;
WHEREAS, the Committee has fully implemented and enforced all legal claims and actions relating to BNPP other than the pendency of the appellate proceeding in the U.S. Third Circuit Court of Appeals and the anticipated ruling of...
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Executive Orders
Amending Executive Order No. 315, as amended, thereby transferring and rationalizing the powers and functions of the presidential committee on the bataan nuclear power plant to various government agencies
Executive Order No. 265
Summary of Executive Order No. 265
Amending Executive Order No. 315 on the Bataan Nuclear Power Plant (BNPP)
- Rationalizes the powers and functions of the Presidential Committee on the BNPP (Section 1)
• The Committee shall be the coordinating and policy-making body on the BNPP, including policies arising from negotiations for a fair commercial settlement of all pending legal claims that will provide a substantial net benefit to the country. (Section 1)
• The Committee shall submit its recommendations on BNPP-related policies to the President for approval. (Section 1)
- Modifies the composition of the Committee (Section 2)
• The Secretary of Energy shall be the Chairman. (Section 2)
• The Secretary of Finance shall be the Vice-Chairman. (Section 2)
• Other members include the Secretary of Budget and Management, Secretary of Trade and Industry, Chairman of Presidential Commission on Good Government, Governor of Bangko Sentral ng Pilipinas, Solicitor General, President of National Power Corporation, and President of the Philippine National Oil Company. (Section 2)
- Repeals Sections 3, 4, and 5 of Executive Order No. 315 (Section 3)
- Transfers and rationalizes the powers and functions of the Committee to various government agencies (Section 4)
• The Office of the Solicitor General shall have primary supervisory responsibility for the enforcement of all claims and legal options relative to the BNPP, with funding from the Contingent Fund of the Office of the President, National Power Corporation, and any other Fund authorized by the President. (Section 4a)
• The National Power Corporation, in coordination with the Department of Energy, shall continue as the caretaker of the BNPP, undertaking the necessary preservation and maintenance, with expenditures shouldered by the National Government through an annual appropriation from the General Fund in the National Treasury. (Section 4b)
• The Department of Energy shall have primary responsibility to coordinate and implement the policy directive proclaimed on May 27, 1993, to rationalize and integrate the country's energy program, taking into consideration the conversion of BNPP into a non-nuclear power plant. (Section 4c)
• The Department of Finance shall have primary responsibility for the monitoring and coordination of the restructuring, whenever legally enforceable, of all loans and financial obligations relating to BNPP. (Section 4d)
• The Committee on Privatization, in coordination with the Department of Energy, shall supervise and monitor the disposition and liquidation of the BNPP assets, structures, equipment, spare parts, uranium fuel, and other related items, which will not be needed and utilized for the conversion of the BNPP into a non-nuclear power plant. (Section 4e)
- Directs the Secretary of Energy to constitute a Secretariat to provide staff support to the Committee (Section 5)
• Savings generated from the operations of the Presidential Committee on the BNPP from January to June 1995 shall be used to support the personnel services and maintenance and other operating expenditure requirements of the Secretariat for the rest of 1995. (Section 5)
- Sets aside FIVE MILLION (P5,000,000.00) PESOS from the Contingent Funds of the Office of the President for the use of the Committee, with provisions for additional funding from participating agencies and other entities if needed. (Section 6)
- Grants a separation gratuity equivalent to one month of basic salary for every year of service to the twenty-five (25) remaining personnel of the Presidential Committee on the BNPP whose contract of services expired as of June 30, 1995, to be shouldered by the Contingent Funds of the Office of the President. (Section 7)
- Declares the immediate effectivity of the Executive Order. (Section 8)
Amending Executive Order No. 315 on the Bataan Nuclear Power Plant (BNPP)
- Rationalizes the powers and functions of the Presidential Committee on the BNPP (Section 1)
• The Committee shall be the coordinating and policy-making body on the BNPP, including policies arising from negotiations for a fair commercial settlement of all pending legal claims that will provide a substantial net benefit to the country. (Section 1)
• The Committee shall submit its recommendations on BNPP-related policies to the President for approval. (Section 1)
- Modifies the composition of the Committee (Section 2)
• The Secretary of Energy shall be the Chairman. (Section 2)
• The Secretary of Finance shall be the Vice-Chairman. (Section 2)
• Other members include the Secretary of Budget and Management, Secretary of Trade and Industry, Chairman of Presidential Commission on Good Government, Governor of Bangko Sentral ng Pilipinas, Solicitor General, President of National Power Corporation, and President of the Philippine National Oil Company. (Section 2)
- Repeals Sections 3, 4, and 5 of Executive Order No. 315 (Section 3)
- Transfers and rationalizes the powers and functions of the Committee to various government agencies (Section 4)
• The Office of the Solicitor General shall have primary supervisory responsibility for the enforcement of all claims and legal options relative to the BNPP, with funding from the Contingent Fund of the Office of the President, National Power Corporation, and any other Fund authorized by the President. (Section 4a)
• The National Power Corporation, in coordination with the Department of Energy, shall continue as the caretaker of the BNPP, undertaking the necessary preservation and maintenance, with expenditures shouldered by the National Government through an annual appropriation from the General Fund in the National Treasury. (Section 4b)
• The Department of Energy shall have primary responsibility to coordinate and implement the policy directive proclaimed on May 27, 1993, to rationalize and integrate the country's energy program, taking into consideration the conversion of BNPP into a non-nuclear power plant. (Section 4c)
• The Department of Finance shall have primary responsibility for the monitoring and coordination of the restructuring, whenever legally enforceable, of all loans and financial obligations relating to BNPP. (Section 4d)
• The Committee on Privatization, in coordination with the Department of Energy, shall supervise and monitor the disposition and liquidation of the BNPP assets, structures, equipment, spare parts, uranium fuel, and other related items, which will not be needed and utilized for the conversion of the BNPP into a non-nuclear power plant. (Section 4e)
- Directs the Secretary of Energy to constitute a Secretariat to provide staff support to the Committee (Section 5)
• Savings generated from the operations of the Presidential Committee on the BNPP from January to June 1995 shall be used to support the personnel services and maintenance and other operating expenditure requirements of the Secretariat for the rest of 1995. (Section 5)
- Sets aside FIVE MILLION (P5,000,000.00) PESOS from the Contingent Funds of the Office of the President for the use of the Committee, with provisions for additional funding from participating agencies and other entities if needed. (Section 6)
- Grants a separation gratuity equivalent to one month of basic salary for every year of service to the twenty-five (25) remaining personnel of the Presidential Committee on the BNPP whose contract of services expired as of June 30, 1995, to be shouldered by the Contingent Funds of the Office of the President. (Section 7)
- Declares the immediate effectivity of the Executive Order. (Section 8)