QuestionsQuestions (EXECUTIVE ORDER NO. 672)
The Philippine Reclamation Authority (PRA) (then formerly PEA) is mandated to approve all reclamation projects on behalf of the President, subject to compliance with existing laws and rules. The mandate is anchored on PD 1084 as amended by EO 525 and EO 543, and reiterated under EO 672, consistent with the delegation of the President’s approval power to PRA under EO 543.
Prior to approval, the PRA must coordinate and secure from DENR a permit authorizing/clearing the particular area to be the site of the proposed reclamation project, called the “area permit or site clearance.”
PRA must closely monitor and supervise implementation of the reclamation projects, while DENR must monitor and enforce strict compliance with the terms and conditions of the ECC.
Upon completion, PRA and DENR must undertake the survey of the completed reclaimed land in accordance with DENR rules and regulations.
After survey and upon request and/or clearance from PRA, DENR shall indorse to the President the issuance of a proclamation declaring portions of reclaimed land to be alienable or disposable and retaining some portions for public use and public service.
Those portions devoted to public use and public service shall be titled in the name of the Republic of the Philippines.
Alienable and disposable reclaimed lands shall be issued title originally in the name of PRA (PEA). PRA (PEA) is authorized to transfer titles for a consideration or otherwise to qualified persons, natural or juridical, who may own reclaimed lands pursuant to the Constitution and subject to existing laws and rules.
EO 672 was issued to eliminate confusion and avoid conflict—particularly the impression created by DENR Administrative Order No. 2007-20 that DENR was the regulatory agency requiring a permit from DENR valid for one year—by clearly delineating PRA (PEA) and DENR responsibilities.
EO 672 reiterates that the President has the power to approve reclamation projects, but that such approval power has been delegated to PRA (PEA) under EO 543. Thus, PRA approves on behalf of the President subject to legal compliance.
The area permit/site clearance from DENR authorizes/clears the specific area as the site for the proposed reclamation project (a spatial/site authorization). The ECC is environmental authorization required before implementation, and it ensures compliance with environmental requirements; works cannot start without the ECC.
It requires coordination and securing of the DENR site clearance before approval, close monitoring/supervision by PRA during implementation, and DENR’s monitoring/enforcement of ECC compliance throughout implementation.
EO 672 states that all executive orders, rules and regulations, and other issuances or parts thereof inconsistent with it are revoked, amended, or modified accordingly.
EO 672 shall take effect immediately.