Law Summary

Introduction

Executive Order No. 35, signed on July 25, 2023, establishes the Inter-Agency Council for the Pasig River Urban Development (the "Inter-Agency Council"). This council aims to facilitate the rehabilitation and enhancement of the Pasig River and its surrounding areas, in alignment with the constitutional mandate to promote a balanced ecology and sustainable development.

Creation of the Inter-Agency Council

• Legal Basis: The Council is created under the President's constitutional powers to oversee executive branches.
• Composition:
  • Chairperson: Secretary of the Department of Human Settlements and Urban Development (DHSUD)
  • Vice-Chairperson: Chairperson of the Metropolitan Manila Development Authority (MMDA)
  • Members: Secretaries from various departments including DPWH, DENR, DILG, Tourism, Transportation, Finance, Budget and Management, and heads of several commissions and authorities.

Powers and Functions of the Inter-Agency Council

• General Responsibility: Facilitate the full rehabilitation of the Pasig River and its banks, aimed at urban development, economic opportunities, and boosting tourism.
• Specific Functions:
  • Development Plan: Formulate a Pasig River Urban Development Plan considering historical and cultural values.
  • Integrated Rehabilitation: Implement coordinated infrastructure and rehabilitation plans.
  • Easement Compliance: Ensure adherence to easement laws under the Civil Code and others.
  • Shelter Plan: Create a comprehensive shelter plan for informal settler families (ISFs), including relocation and integration strategies.
  • Funding: Accept grants and donations for the development plan.
  • Policy Review: Review and recommend amendments to existing Presidential issuances related to the Pasig River.
  • Public-Private Partnerships: Facilitate partnerships to support the implementation of the Order.

Funding

• Initial Funding: Costs for implementing the Order will be sourced from the appropriations of the member-agencies.
• Subsequent Funding: Future budget needs will be included in the budget proposals of the respective agencies.

Implementing Guidelines

• The Council is mandated to create and issue necessary guidelines for the Order's effective implementation.

Reporting Requirements

• The Inter-Agency Council must submit a quarterly status report to the Office of the President through the Executive Secretary.

Legal Provisions

• Separability Clause: If any part of the Order is declared unconstitutional, the remaining provisions will remain effective.
• Repeal of Inconsistent Issuances: Previous inconsistent rules and regulations are repealed or modified.
• Effectivity: The Order takes effect immediately upon signing.

Key Takeaways

• The Inter-Agency Council is established to coordinate efforts in rehabilitating the Pasig River and its surrounding areas.
• A comprehensive development plan will guide the rehabilitation efforts, focusing on sustainable urban development.
• Funding will be sourced from member-agency budgets, and the Council is responsible for ongoing reporting to the President.
• The Order emphasizes collaboration among various government agencies and private partners to achieve its objectives.