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Executive Orders

The Mindanao Modular Generator Sets (GENSETS) Program

Executive Order No. 137

MALACAÑAN PALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER No. 137

THE MINDANAO MODULAR GENERATOR SETS (GENSETS) PROGRAM

WHEREAS, there is a consensus among the members of the Mindanao Power Monitoring Committee (MPMC), created under Executive (s. 2012), that there is a need to augment the Interruptible Load Program (ILP) and the Interim Mindanao Electricity Market (IMEM) Program, to address the deteriorating power situation in Mindanao;

WHEREAS, the Department of Energy (DOE), as Co-Chair of the MPMC, proposes the use of modular gensets as an immediate short-term solution to the intermediate electricity needs of Mindanao until baseload power plants come online by 2015; and,

WHEREAS, the collections from Service Contract (SC) 38 constituted as a Special Account in the General Fund – Fund 151 (SAGF–151) of the DOE, more commonly known as the “Malampaya Fund,” shall be used to finance energy resource development and exploration programs and projects of the government and for such other purposes as may be directed by the President of the Philippines pursuant to Section 8 of Presidential...

Summary of Executive Order No. 137 - The Mindanao Modular Generator Sets (Gensets) Program

Establishment of the Mindanao Modular Gensets Program
- The "Mindanao Modular Gensets Program" is established to provide additional power supply to electricity end-users in Mindanao. (Section 1)
- Participating electric cooperatives (ECs) may be extended a loan facility for the acquisition of modular gensets. (Section 1)

Implementation and Oversight
- The Department of Energy (DOE) is the Lead agency for implementing the Program, through the National Electrification Administration (NEA). (Section 1)
- NEA may seek assistance from the Association of Mindanao Rural Electric Cooperatives (AMRECO) and other Mindanao stakeholders. (Section 3)
- All government agencies, GOCCs, and GFIs are directed to extend assistance and support for the Program's successful implementation. (Section 3)

Funding
- The Department of Budget and Management (DBM) is directed to release Four Billion Five Hundred Million Pesos (P4,500,000,000) for the Program, sourced from the Malampaya Fund of the DOE. (Section 2)
- The release is subject to the Bureau of Treasury (BTr) Certification on the availability of deposited collections with the DOE's Special Account in the General Fund – Fund 151 (SAGF–151), and to existing laws and government budgetary, accounting, and auditing rules and regulations. (Section 2)

Reporting and Monitoring
- NEA, through the DOE, shall submit a monthly report on the Program's implementation status, including actual use and disbursement of funds, to the Office of the President, with a copy furnished to MinDA. (Section 4)

Implementing Guidelines
- The DOE shall promulgate the rules and regulations for the implementation of this Order within fifteen (15) days from its effectivity. (Section 5)

Separability Clause and Repealing Clause
- If any provision is declared invalid or unconstitutional, the other provisions shall remain valid and subsisting. (Section 6)
- All orders, issuances, proclamations, rules, regulations, or parts thereof, which are inconsistent with any of the provisions of this Order are hereby repealed or modified accordingly. (Section 7)

Effectivity
- This Order shall take effect immediately upon publication in two (2) newspapers of general circulation. (Section 8)

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