Law Summary

Introduction

Executive Order No. 91, issued on October 1, 2012, by President Benigno S. Aquino III, declares and delineates the Tapal Port Zone in Ubay, Bohol, and assigns its administrative jurisdiction to the Philippine Ports Authority (PPA).

Declaration of the Port of Tapal

• Legal Principle/Provision: The Port of Tapal is officially recognized and its territorial jurisdiction is delineated.

• Key Definitions Introduced: The specific geographical boundaries of the Tapal Port Zone are defined.

• Important Requirements/Procedures: The delineation is outlined through a series of geographic coordinates indicating the boundaries.

• Details:

  • The area encompasses ONE MILLION (1,000,000.00) SQUARE METERS, more or less.
  • The boundaries are described using compass bearings and distance measurements.

• Geographic Coordinates:

  • Starting point (Point 1) and subsequent points delineated as follows:
    • N. 35° 00' W., 495.50 m to Point 2
    • N. 56° 45' E., 1,000.00 m to Point 3
    • S. 35° 00' E., 1,000.00 m to Point 4
    • S. 56° 45' W., 1,000.00 m to Point 5
    • N. 35° 00' W., 495.50 m to Point 6
    • N. 35° 00' W., 9.00 m to Point of Beginning

Administrative Jurisdiction of the PPA

• Legal Principle/Provision: The Tapal Port Zone is placed under the administrative control of the PPA.
• Important Requirements/Procedures: The PPA is tasked with implementing a development program for the port.
• Regional Planning: The PPA must ensure that its programs align with the government's regional industrial plans.

Repeal of Inconsistent Issuances

• Legal Principle/Provision: Any prior issuances, orders, rules, and regulations inconsistent with this Executive Order are repealed, amended, or modified.
• Key Importance: This provision ensures that the new administrative structure supersedes any conflicting prior regulations.

Separability Clause

• Legal Principle/Provision: If any provision of this Executive Order is declared invalid or unconstitutional, the remaining provisions shall remain valid.
• Implication: This clause maintains the integrity of the Executive Order even if one part is struck down.

Effectivity

• Legal Principle/Provision: The Executive Order takes effect immediately upon publication in a newspaper of general circulation.
• Timeframe: Immediate effectivity following publication.

Key Takeaways

• The Executive Order delineates the Tapal Port Zone, providing a clear geographical boundary essential for port development.
• Administrative jurisdiction is assigned to the PPA, emphasizing the need for coordinated regional planning and development.
• Previous inconsistent regulations are repealed to streamline governance in the Tapal Port Zone.
• The order contains a separability clause to uphold the validity of unaffected provisions.
• It becomes effective immediately upon publication, ensuring prompt implementation of its directives.