Title
San Jose Port Zone Delineation and PPA Jurisdiction
Law
Executive Order No. 95
Decision Date
Oct 1, 2012
Benigno S. Aquino III's Executive Order No. 95 establishes the new San Jose (Caminawit) Port Zone in Occidental Mindoro, placing it under the Philippine Ports Authority's jurisdiction to address siltation issues and accommodate increased shipping traffic.

Questions (EXECUTIVE ORDER NO. 95)

EO No. 95 declares and delineates the New San Jose (Caminawit) Port Zone and places it under the administrative jurisdiction of the Philippine Ports Authority (PPA) for proper zoning, planning, development, and utilization consistent with regional industrial plans.

Because of the siltation problem in the old port and the need to accommodate big vessels and projected port traffic, including development of necessary port facilities to meet shipping demands in the region.

It delineates the territorial jurisdiction of the Port of San Jose (Caminawit), specifically describing its boundaries through a technical metes-and-bounds description and stating the area covered.

It legally defines the exact geographic extent of the port zone; it is crucial for determining what lands and waters fall under the EO and thus under PPA jurisdiction.

One Million Fifty-One Thousand Three Hundred Sixty-Eight square meters and eighty-seven square decimeters (1,051,368.87), more or less.

The San Jose (Caminawit) Port Zone is placed under PPA’s administrative jurisdiction. PPA must implement a program for proper zoning, planning, development, and utilization of the port.

It must be consistent with the regional industrial plans of the government.

It repeals, amends, or modifies any issuances, orders, rules, and regulations (or parts thereof) that are inconsistent with EO No. 95.

Only the invalid/unconstitutional provision is affected; the other provisions remain valid and subsisting.

Immediately upon publication in a newspaper of general circulation.

It satisfies the requirement for public notice and triggers the EO’s effectivity date as stated in Section 5.

Delineating defines the geographic boundaries; placing under PPA jurisdiction determines the agency with administrative authority to regulate zoning, planning, development, and utilization within those boundaries.

Through Section 3 (Repeal), it provides that inconsistent prior issuances are repealed, amended, or modified accordingly.

It reflects the doctrine that if one provision is struck down, the remainder can still operate, preserving legislative/executive intent where possible.


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