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Executive Orders

Encouraging private sector participation in the operations and facilities of the metropolitan waterworks and sewerage system

Executive Order No. 311

EXECUTIVE ORDER NO. 311 March 20, 1996

ENCOURAGING PRIVATE SECTOR PARTICIPATION IN THE OPERATIONS AND FACILITIES OF THE METROPOLITAN WATERWORKS AND SEWERAGE SYSTEM

WHEREAS, there is a need to adopt urgent and effective measures to address the nationwide water crisis;

WHEREAS, the urgency of the adoption of such measures was recognized by Congress thru Republic Act No. 8041, also known as the National Water Crisis Act of 1995, which mandates the Government to address the issues relating to the water crisis;

WHEREAS, R.A. No. 8041 authorizes the President:

(a) to enter into negotiated contracts for projects to be implemented under Build-Operate-Transfer and/or related schemes for a period of one (1) year after the effectivity of R.A. No. 8041, or until 15 July 1996, and

(b) to revamp the executive leadership and reorganize the Metropolitan Waterworks and Sewerage System (the "MWSS"), including the privatization of any or all of its segments, operations or facilities, if necessary to make them more effective and innovative to address the looming water crisis;

WHEREAS, it is the policy...

Summary of Executive Order No. 311

Encouraging Private Sector Participation in the Operations and Facilities of the Metropolitan Waterworks and Sewerage System (MWSS)

- Addresses the nationwide water crisis and implements measures mandated by Republic Act No. 8041 (National Water Crisis Act of 1995).
- Authorizes the President to:
    - Enter into negotiated contracts for Build-Operate-Transfer (BOT) and related schemes for water projects until July 15, 1996. [Section a of R.A. No. 8041]
    - Revamp the executive leadership and reorganize the MWSS, including privatization of any or all segments, operations, or facilities. [Section b of R.A. No. 8041]
- Encourages private sector participation in financing, construction, operation, and maintenance of infrastructure and development projects, including water supply and sewerage.
- Reorganizes the MWSS pursuant to Executive Order No. 286 to streamline its structure and operations, and prepare for privatization where feasible.
- Directs the MWSS to enter into arrangements for private sector involvement or participation in any or all of its segments, operations, and/or facilities through:
    - Franchising, concession, management, or other arrangements. [Section b(i)]
    - Privatization. [Section b(ii)]
    - Contracts for BOT and related schemes for financing, construction, repair, rehabilitation, improvement, and operation of water facilities and projects related to consumers. [Section b(iii)]
- Allows the MWSS to carry out its responsibilities under this Executive Order, subject to the President's approval, pursuant to:
    - Provisions of R.A. 8041 (National Water Crisis Act of 1995). [Section (i)]
    - Proclamation No. 50, as amended, and related statutes and implementing rules and regulations. [Section (ii)]
    - Republic Act No. 6957, as amended by Republic Act No. 7718, and its implementing rules and regulations. [Section (iii)]
    - Other laws, rules, orders, and/or proclamations as the MWSS may deem appropriate. [Section (iv)]
- Revokes, amends, or modifies any inconsistent executive issuances, orders, rules, regulations, and/or similar issuances.
- Takes effect immediately.

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