Law Summary

Introduction

Executive Order No. 146, issued on November 13, 2013, delegates the power of the President of the Philippines to approve reclamation projects to the National Economic and Development Authority (NEDA) Board. This order aims to enhance the coordination and integration of reclamation initiatives within the framework of national and regional development planning.

SECTION 1: Approval of Reclamation Projects

• Legal Principle/Provision: The President's authority to approve reclamation projects is transferred to the NEDA Board.
• Key Definitions:
  • Reclamation Projects: Projects involving the reclamation of land, whether initiated by government entities or the private sector.
• Requirements/Procedures:
  • The Philippine Reclamation Authority (PRA) will continue to process and evaluate reclamation project proposals and recommend them to the NEDA Board.
  • Endorsed proposals must include:
    • Letters of Intent
    • Project Proposals
    • Pre-Feasibility Studies
    • Draft agreements or contracts
• Authority Retained: The President retains the power to modify, amend, or nullify the NEDA Board's actions.
• Applicable Projects:
  • Initiated by the PRA or government entities.
  • Proposed by the private sector through PRA or other authorized agencies.

SECTION 2: Powers, Functions, and Mandate of PRA

• Legal Principle/Provision: The PRA retains all its powers and functions, except for the approval of reclamation projects.
• Important Details:
  • PRA continues to operate under its existing mandates, ensuring no loss of authority outside the project approval scope.

SECTION 3: Environmental Compliance Certificate (ECC)

• Legal Principle/Provision: An ECC must be obtained prior to the implementation of any approved reclamation project.
• Requirements:
  • The ECC must be secured from the Department of Environment and Natural Resources (DENR).
  • Reclamation work cannot commence without the required ECC.

SECTION 4: Competitive Bidding

• Legal Principle/Provision: All reclamation projects must adhere to competitive public bidding processes.
• Purpose:
  • Promotes transparency and competitiveness in the awarding of reclamation contracts.

SECTION 5: Transitory Provision

• Legal Principle/Provision: This order applies to all reclamation projects without executed contracts prior to its effectivity.
• Key Requirements:
  • The PRA must submit a list of all reclamation projects approved by them to the NEDA Board within two months of the order’s effectivity.
  • Information required includes:
    • Project location
    • Date approved by PRA
    • Proponents (government and private entities)
    • Total project cost
    • Implementation period
    • Classification of project status (under reclamation or not yet started).

SECTION 6: Implementing Rules and Regulations

• Legal Principle/Provision: NEDA and PRA are tasked with issuing necessary rules and regulations to implement the order.
• Important Notes:
  • This provision ensures that operational guidelines align with the order's intent.

SECTION 7: Separability Clause

• Legal Principle/Provision: If any provision of this order is deemed invalid or unconstitutional, other unaffected provisions remain in effect.
• Significance:
  • Safeguards the integrity of the remaining provisions.

SECTION 8: Repealing Clause

• Legal Principle/Provision: Inconsistent previous orders, proclamations, rules, or regulations are repealed or modified.
• Purpose:
  • Ensures coherence in implementation and enforcement of the order.

SECTION 9: Effectivity

• Legal Principle/Provision: The order takes effect immediately upon issuance.
• Key Detail:
  • Ensures swift implementation of the delegated authority.

Key Takeaways

• Executive Order No. 146 delegates reclamation project approval from the President to the NEDA Board, promoting better integration with national development plans.
• The PRA retains its operational functions but must submit project proposals to the NEDA Board for approval.
• An Environmental Compliance Certificate is mandatory before project implementation.
• All reclamation projects must undergo competitive public bidding to enhance transparency.
• The order includes transitory provisions for ongoing projects and mandates the formulation of implementing rules.