Law Summary
Establishment and Purpose of PH-EITI
- The Philippine Extractive Industries Transparency Initiative (PH-EITI) is officially created to promote transparency and accountability in extractive industries.
- The initiative focuses on government revenue collections and payments made by companies in the extractive sector.
Creation and Composition of the PH-EITI Multi-stakeholder Group (MSG)
- PH-EITI implementation is through the Multi-stakeholder Group (MSG), which serves as the decision-making body.
- Chairperson: Secretary of the Department of Finance (DOF).
- Membership: 15 members consisting of 5 government representatives (selected by the Mining Industry Coordinating Council), 5 business group representatives, and 5 civil society organization (CSO) representatives.
- Business groups and CSOs each designate 5 full and 5 alternate representatives.
- Members may be replaced through their respective independent organizational processes, serving only the unexpired term.
Terms, Meetings, and Decision-Making of MSG
- Members serve a term of 3 years, with eligibility for reappointment.
- Responsibility for ensuring continuity and institutional memory lies within each sector.
- MSG meetings held quarterly or as necessary, requiring quorum with 3 representatives from each sector (government, business, CSO).
- Decisions are made by consensus.
Mandates of the PH-EITI MSG
- Secure sustained political commitment and resource mobilization for PH-EITI activities.
- Set strategic direction and scope of PH-EITI implementation.
- Identify and address barriers to implementation.
- Integrate PH-EITI efforts with broader government reform agendas, including EO No. 79.
Powers and Functions of the PH-EITI MSG
- Ensure stakeholder commitment.
- Define strategic direction and scope of EITI in the Philippines.
- Develop, publish, review, and oversee implementation of a costed Country Work Plan.
- Produce regular and contextual reports on extractive industries.
- Establish mechanism for reconciliation of government and industry reports.
- Appoint independent administrators/auditors for report reconciliation.
- Supervise PH-EITI Secretariat and set internal procedures.
- Conduct outreach and capacity-building at national and sub-national levels.
- Perform other functions consistent with this Order and the EITI Principles.
PH-EITI Secretariat
- Provides administrative and technical support to the MSG.
- Composition and location determined by DOF Secretary in consultation with MSG.
- May include additional plantilla positions subject to Department of Budget and Management approval.
Engagement of Consultants
- PH-EITI authorized to hire consultants or advisers to fulfill its objectives.
Creation of Technical Working Groups and Assistance
- PH-EITI may establish Technical Working Groups involving government agencies, government-owned corporations, business sectors, and CSOs.
- All relevant government units are mandated to provide assistance and cooperation.
Funding
- Initial funding charged against the DOF budget.
- Subsequent appropriations incorporated in the DOF budget.
- PH-EITI may receive and manage grants from domestic and foreign sources, with adherence to accounting and auditing rules.
Separability Clause
- Invalidity or unconstitutionality of any provision does not affect the validity of other provisions.
Repealing Clause
- All conflicting orders, proclamations, rules, and regulations are repealed or modified accordingly.
Effectivity
- The Executive Order is effective immediately upon publication in a newspaper of general circulation.