Question & AnswerQ&A (Act No. 1703)
Executive Order No. 798 (s. 2009) and Executive Order No. 146 (s. 2013) were repealed by Executive Order No. 74, s. 2019.
The Philippine Reclamation Authority (PRA) is transferred to the Office of the President (OP) under EO No. 74, s. 2019.
The power of the President to approve all reclamation projects is delegated to the PRA Governing Board.
No, the delegation does not diminish the President's authority, who may still modify, amend, or nullify the actions of the PRA Governing Board.
The PRA must seek advisory opinions from the National Economic and Development Authority (NEDA), the Department of Environment and Natural Resources (DENR), and the Department of Finance (DOF).
NEDA evaluates consistency with national and regional development plans; DENR evaluates environmental sustainability and compliance with environmental laws; DOF evaluates economic and fiscal viability, compliance with RA 6957 and RA 9184, and consistency of agreements with laws.
An Area Clearance and Environmental Compliance Certificate must be issued by the DENR before any reclamation project can be approved.
All reclamation projects must undergo competitive public bidding, subject to relevant laws and regulations.
The PRA should evaluate projects based on their cumulative impacts, not just on specific projects, and projects (except small ones under 5 hectares) must be accompanied by hydrodynamic modeling and detailed development plans.
The PRA must craft National and/or Regional Reclamation and Development Plans (RDPs) that consider environmental, social, and economic impacts, supported by public consultation and consistency with the greater public interest.
At least five percent (5%) of the PRA's net earnings must be allotted to develop its reclamation capability and expertise, including modernization of technologies.
Yes, EO No. 74 applies to all reclamation projects including those initiated by LGUs, government agencies, or government-owned/controlled corporations without existing contracts executed prior to the order's effectivity.
The PRA is mandated to submit the necessary implementing rules and regulations within thirty (30) days from the effectivity of the order.
Executive Order No. 74, s. 2019 took effect immediately upon signing on February 1, 2019.
The Administrative Code of 1987 (EO No. 292, s. 1987), particularly Section 31 Chapter 10 Title III Book III, and Section 17, Article VII of the Constitution (presidential control and faithful execution of laws) serve as legal bases.