QuestionsQuestions (EXECUTIVE ORDER NO. 311)
Executive Order No. 311 cites Republic Act No. 8041 (National Water Crisis Act of 1995), which authorizes the President to enter into negotiated contracts under BOT/related schemes and to revamp executive leadership and reorganize MWSS, including privatizing segments/operations/facilities if necessary.
It orders that MWSS shall enter into arrangements that result in the involvement or participation of the private sector in any or all segments, operations, and/or facilities.
The EO states that private sector participation may include franchising, concession, management, other arrangements, privatization, and BOT/related contracts for financing, construction, repair, rehabilitation, improvement, and operation of water facilities and consumer-related projects.
MWSS may carry out its responsibilities under the EO, but subject to required approvals by the President pursuant to the enumerated laws/proclamations and other applicable rules.
It provides statutory authority for the President to allow MWSS/coverage under negotiated arrangements for projects implemented through BOT and related schemes, linked to addressing the water crisis.
The EO authorizes arrangements involving private participation including privatization, but the MWSS’s implementation is still subject to presidential approval and compliance with the cited legal bases.
It references Executive Order No. 286 (6 December 1995), issued pursuant to R.A. 8041, which reorganized MWSS to make it more effective and efficient and to prepare ground for eventual privatization where feasible.
It declares that encouraging the private sector—described as the nation’s main engine for growth and development—to engage in financing, construction, operation, and maintenance of infrastructure including water supply and sewerage is State policy.
MWSS can carry out its responsibilities subject to approval of the President pursuant to R.A. 8041 and other enumerated laws and applicable proclamations/rules.
It states that for purposes of the inclusion of MWSS in the list of government-owned or controlled corporations for retention under E.O. No. 37, the inclusion is hereby revoked—through the EO’s reference to Proclamation No. 50 as amended.
Republic Act No. 6957, as amended by Republic Act No. 7718 (build-operate-transfer law), including its implementing rules and regulations.
It revokes, amends, or modifies all executive issuances, orders, rules and regulations, and similar issuances that are inconsistent with the EO.
The EO allows involvement or participation in any or all of MWSS’s segments, operations, and/or facilities.
BOT/related contracts may cover financing, construction, repair, rehabilitation, improvement, and operation of water facilities and projects related to consumers.
Even though MWSS is authorized to enter into arrangements for private participation, the actual implementation must be approved by the President as required by the EO’s stated legal bases.
It takes effect immediately.