Clarifying DENR and PRA Roles in Reclamation

Presidential Decree No. 1084 (PD 1084) as amended by Executive Order No. 525 (EO 525) dated February 25, 1979 and Executive Order No. 543 (EO 543) of June 24, 2006 is reiterated as the governing framework for PRA authority over reclamation projects.
Executive Order No. 525 (EO 525) (issued February 14, 1979) created the rule that reclamation projects are approved by the President upon PRA recommendation and undertaken by the PRA or through a proper contract executed by it.
Executive Order No. 380-A (dated April 3, 2006) renames the Public Estates Authority (PEA) into the Philippine Reclamation Authority (PRA).
Executive Order No. 543 (dated June 24, 2006) delegates to PRA (PEA) the President’s power to approve all reclamation projects.
1987 Administrative Code, Title XIV establishes DENR’s constitutional mandate and functions, including exclusive jurisdiction over management and disposition of lands of the public domain and being the sole agency for classification, sub-classification, surveying, and titling (in consultation with appropriate agencies).

Executive Order No. 672 reiterates that the PRA (PEA) approves all reclamation projects on behalf of the President, subject to compliance with existing laws and rules (Section 1).
Executive Order No. 672 directs coordination to eliminate confusion and prevent conflict between PRA (PEA) and DENR regarding roles in reclamation projects nationwide (WHEREAS clauses).
Executive Order No. 672 promotes efficiency and effectiveness in approval and implementation of reclamation projects under the concept of sustainable development (WHEREAS clauses).

Section 2 requires that prior to approval of any reclamation project, PRA (PEA) must coordinate and secure from DENR a permit authorizing/clearing a particular area to be the site of the proposed reclamation project, called the area permit or site clearance.
Section 1 reiterates that PRA (PEA) approves reclamation projects on behalf of the President, subject to compliance with existing laws and rules.
The structure of responsibilities is thus: PRA handles project approval, while DENR provides area permit/site clearance before that approval proceeds.

Section 3 requires that prior to implementation of duly approved reclamation projects, the Environment Compliance Certificate (ECC) must be secured from DENR.
Section 3 prohibits commencing any reclamation works without the required ECC.

Section 4 requires PRA to closely monitor and supervise implementation of the reclamation projects.
Section 4 assigns DENR the duty to monitor and enforce strict compliance with the terms and conditions of the ECC for the reclamation project.

Section 5 requires that upon completion of the reclamation project, PRA and DENR conduct the survey of the completed reclaimed land in accordance with DENR rules and regulations.
Section 5 provides that, upon request and/or clearance from PRA (PEA), DENR shall endorse to the President a proclamation declaring:
- some portions of reclaimed land alienable or disposable, and
- some portions retained for public use and public service.

Section 6 requires that immediately after issuance of the proclamation, DENR and/or the Land Registration Authority (LRA) issue a Special Patent and then the Original Certificate of Title.
Section 6 provides that portions of reclaimed land devoted to public use and public service are titled in the name of the Republic of the Philippines.
Section 6 provides that reclaimed land proclaimed as alienable and disposable is issued title originally in the name of PRA (PEA).
Section 6 authorizes PRA (PEA) to transfer titles for a consideration or otherwise to qualified persons, whether natural or juridical, who may own reclaimed lands under the 1987 Constitution and subject to all existing laws, rules and regulations.

Section 7 revokes, amends, or modifies all executive orders, rules and regulations, and other issuances or parts thereof that are inconsistent with Executive Order No. 672.
Section 8 provides that Executive Order No. 672 takes effect immediately.
Section 1 expressly ties PRA approval authority to compliance with the framework in PD 1084, as amended by EO 525 and EO 543.