MALACAÑAN PALACE
MANILABY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER No. 146
DELEGATING TO THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY BOARD THE POWER OF THE PRESIDENT TO APPROVE RECLAMATION PROJECTS
WHEREAS, Executive Order (EO) No. 525 (s. 1979) provides that the Public Estates Authority (PEA), presently the Philippine Reclamation Authority (PRA), shall be primarily responsible for integrating, directing, and coordinating all reclamation projects for and on behalf of the national government and that all reclamation projects shall be approved by the President upon recommendation of the PRA;
WHEREAS, EO No. 543 (s. 2006) provides that the power of the President to approve reclamation projects shall be delegated to the PRA, through Its governing board, subject to compliance with existing laws and rules and subject to the condition that reclamation contracts to be executed with any person or entity shall go through public bidding;
WHEREAS, EO No. 292 (s. 1987), or the Administrative Code of 1987, provides that the National Economic and Development Authority (NEDA) shall be primarily responsible for formulating continuing, coordinated and...
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Executive Orders
Delegating To The National Economic And Development Authority Board The Power Of The President To Approve Reclamation Projects
Executive Order No. 146
Summary of Executive Order No. 146
Delegation of Power to Approve Reclamation Projects
- The power of the President to approve reclamation projects is delegated to the National Economic and Development Authority (NEDA) Board. (Section 1)
- The Philippine Reclamation Authority (PRA) shall continue to process, evaluate, and recommend the approval of proposed reclamation projects to the NEDA Board. (Section 1)
Coverage of NEDA Board Approval
- NEDA Board approval is required for:
a) Reclamation projects initiated/proposed by PRA or any government entity allowed to reclaim land. (Section 1a)
b) Reclamation projects initiated by the private sector/entity through PRA, Local Government Units (LGUs), or other government agencies authorized to reclaim land. (Section 1b)
c) Reclamations/reclamation components of respective development projects of agencies mandated to reclaim under their respective charters, such as Philippine Ports Authority (PPA), Laguna Lake Development Authority (LLDA), Bases Conversion and Development Authority (BCDA), Subic Bay Metropolitan Authority (SBMA), Philippine Veterans Investment Development Corporation (PHIVIDEC), Department of Public Works and Highways (DPWH), and National Power Corporation (NPC). (Section 1c)
Retention of PRA's Powers and Functions
- Except for the power to approve reclamation projects, all other powers, functions, and mandates of PRA shall be retained and exercised by PRA. (Section 2)
Environmental Compliance Certificate (ECC)
- Prior to the implementation of approved reclamation projects, an ECC shall be secured from the Department of Environment and Natural Resources (DENR). (Section 3)
- No reclamation work shall commence without the required ECC. (Section 3)
Competitive Public Bidding
- All reclamation projects shall undergo competitive public bidding to promote transparency and competitiveness. (Section 4)
Transitory Provisions
- This Order shall apply to all reclamation projects, including those initiated by LGUs and other government agencies/corporations, for which there are no contracts/agreements yet executed between the government entity and a private sector proponent prior to the effectivity of this Order. (Section 5a)
- Within two (2) months after the effectivity of this Order, PRA shall provide the NEDA Board a list of all reclamation projects approved by PRA, classified as:
i. Under actual physical reclamation or implementation; and
ii. Not yet started with implementation or actual physical reclamation but either with duly executed contracts with a private sector proponent or are undergoing/undergone bidding or are yet to undergo bidding. (Section 5b)
Implementing Rules and Regulations
- NEDA and PRA shall issue rules and regulations necessary to implement this Order. (Section 6)
Separability Clause and Repealing Clause
- If any provision of this Order is declared invalid or unconstitutional, the other provisions shall remain valid and subsisting. (Section 7)
- All orders, proclamations, rules, regulations, or parts thereof, which are inconsistent with any of the provisions of this Order are hereby repealed or modified accordingly. (Section 8)
Effectivity
- This Order shall take effect immediately. (Section 9)
Delegation of Power to Approve Reclamation Projects
- The power of the President to approve reclamation projects is delegated to the National Economic and Development Authority (NEDA) Board. (Section 1)
- The Philippine Reclamation Authority (PRA) shall continue to process, evaluate, and recommend the approval of proposed reclamation projects to the NEDA Board. (Section 1)
Coverage of NEDA Board Approval
- NEDA Board approval is required for:
a) Reclamation projects initiated/proposed by PRA or any government entity allowed to reclaim land. (Section 1a)
b) Reclamation projects initiated by the private sector/entity through PRA, Local Government Units (LGUs), or other government agencies authorized to reclaim land. (Section 1b)
c) Reclamations/reclamation components of respective development projects of agencies mandated to reclaim under their respective charters, such as Philippine Ports Authority (PPA), Laguna Lake Development Authority (LLDA), Bases Conversion and Development Authority (BCDA), Subic Bay Metropolitan Authority (SBMA), Philippine Veterans Investment Development Corporation (PHIVIDEC), Department of Public Works and Highways (DPWH), and National Power Corporation (NPC). (Section 1c)
Retention of PRA's Powers and Functions
- Except for the power to approve reclamation projects, all other powers, functions, and mandates of PRA shall be retained and exercised by PRA. (Section 2)
Environmental Compliance Certificate (ECC)
- Prior to the implementation of approved reclamation projects, an ECC shall be secured from the Department of Environment and Natural Resources (DENR). (Section 3)
- No reclamation work shall commence without the required ECC. (Section 3)
Competitive Public Bidding
- All reclamation projects shall undergo competitive public bidding to promote transparency and competitiveness. (Section 4)
Transitory Provisions
- This Order shall apply to all reclamation projects, including those initiated by LGUs and other government agencies/corporations, for which there are no contracts/agreements yet executed between the government entity and a private sector proponent prior to the effectivity of this Order. (Section 5a)
- Within two (2) months after the effectivity of this Order, PRA shall provide the NEDA Board a list of all reclamation projects approved by PRA, classified as:
i. Under actual physical reclamation or implementation; and
ii. Not yet started with implementation or actual physical reclamation but either with duly executed contracts with a private sector proponent or are undergoing/undergone bidding or are yet to undergo bidding. (Section 5b)
Implementing Rules and Regulations
- NEDA and PRA shall issue rules and regulations necessary to implement this Order. (Section 6)
Separability Clause and Repealing Clause
- If any provision of this Order is declared invalid or unconstitutional, the other provisions shall remain valid and subsisting. (Section 7)
- All orders, proclamations, rules, regulations, or parts thereof, which are inconsistent with any of the provisions of this Order are hereby repealed or modified accordingly. (Section 8)
Effectivity
- This Order shall take effect immediately. (Section 9)