QuestionsQuestions (EXECUTIVE ORDER NO. 143)
Executive Order (EO) No. 143 is based on the President’s control over executive departments under the Constitution and existing laws. It creates the Energy Virtual One-Stop Shop Task Group (EVOSS Task Group/ETG) to oversee the continued implementation of Republic Act (RA) No. 11234 and its implementing rules, sustaining and operationalizing EVOSS.
EO No. 143, Section 1 creates the ETG as the body tasked to oversee the continued implementation of RA No. 11234 and its IRR.
The Chairperson is the Office of the President, while the Vice-Chairperson is the Secretary of the Department of Energy (DOE).
The members include: Secretary of the Department of Agriculture; Secretary of the Department of Agrarian Reform; Secretary of the Department of Environment and Natural Resources; Secretary of the Department of the Interior and Local Government; Secretary of the Department of Information and Communications Technology; Chairperson of the Energy Regulatory Commission (ERC); Chairperson of the National Commission on Indigenous Peoples (NCIP); Executive Director of the National Water Resources Board (NWRB); President or CEO of the Market Operator; President or CEO of the System Operator and Transmission Network Provider; plus designated sector representatives nominated by the sector concerned and chosen by the DOE Secretary (non-voting).
No. They are designated as non-voting members when chosen by the DOE Secretary.
They are considered resource persons of the ETG (not full members).
EO No. 143 Section 3 adds: (a) streamline processes and requirements of involved agencies/entities/LGUs/GOCCs/private entities; (b) ensure EVOSS operationalization, integration, interoperability, and online payment system; (c) ensure compliance with time frames under RA 11234 and continually review processes to reduce processing time; (d) ensure compliance with “deemed approved” provisions for completed applications not acted upon; (e) monitor and assess EVOSS performance; and (f) promulgate guidelines/rules for effective implementation.
EO No. 143 directs the ETG to ensure compliance with RA No. 11234 provisions on “deemed approved” status for completed applications not acted upon by concerned national and local bureaus/offices/agencies.
The ETG is supported by a Secretariat from the Investment Promotion Office (IPO) of the DOE, which provides technical, operational, and administrative support.
All other government agencies/instrumentalities (including GOCCs) must render necessary assistance, including participation in meetings/deliberations/proceedings. The private sector is enjoined to participate when requested.
EO No. 143 mandates mutual assistance in fulfilling their respective mandates with due regard to RA No. 11032 as the general law on streamlining and RA No. 11234 as the special law on energy project processes. It also allows formal arrangements between ETG and ARTA and requires the ETG to provide an updated list of processes covered by EVOSS and those being streamlined.
The ETG must submit an annual report to the Office of the President on the implementation of RA No. 11234 and EO No. 143.
Funding shall be charged against available appropriations of the DOE, and if necessary, other funding sources as may be identified by the Department of Budget and Management, subject to relevant laws, rules, and regulations.
Failure to comply is a ground for administrative and disciplinary sanctions against erring public officers or employees under existing laws and regulations, without prejudice to criminal, civil, or other related liabilities.
Under the separability clause (Section 10), if any provision is declared invalid or unconstitutional, the other provisions not affected remain in full force and effect.
EO No. 143 takes effect immediately (Section 12). It also repeals, modifies, or amends issuances, rules, or regulations (or parts thereof) that are contrary or inconsistent with the EO (Section 11).
The recitals cite Section 17, Article VII of the Constitution, which states that the President has control over all executive departments, bureaus, and offices, and must ensure the faithful execution of laws.