Law Summary
Introduction
This Executive Order (EO) No. 695, issued on January 10, 2008, formalizes the transfer of full control and management of Burnham Park from the Philippine Tourism Authority (PTA) to the City Government of Baguio.
Transfer of Control and Further Development
- Provision Explanation: Control and further development of Burnham Park, including its facilities and improvements (except as specified in Section 3 of EO 224), are transferred from PTA to the City Government of Baguio.
- Key Definitions:
- "Control" encompasses administration, management, and maintenance of the park.
- Important Requirements:
- The City Government of Baguio must manage the park in accordance with the stipulations of EO 224.
- Consequences: The PTA relinquishes its previous administrative responsibilities and resources related to the park.
National Parks Development Committee (NPDC) Employees
- Provision Explanation: Employees of the NPDC currently working at Burnham Park will be transferred to the City Government of Baguio.
- Key Definitions:
- "Personnel Complement": The total number of employees required for the management of the park.
- Important Requirements:
- The City Government may rationalize the personnel in compliance with Civil Service rules and regulations.
Control and Supervision
- Provision Explanation: The City Government of Baguio is granted full control over all aspects of Burnham Park including its administration, operation, management, maintenance, and further development.
- Key Definitions:
- "Full Control": Refers to the complete authority to govern all functions and responsibilities associated with the park.
Qualification of Prohibited Act
- Provision Explanation: The City Government is prohibited from encumbering, mortgaging, or alienating any portion of Burnham Park without the approval of the Secretary of Tourism.
- Key Definitions:
- "Encumber": To place a burden or claim on property.
- Important Requirements:
- Approval from the Secretary of Tourism is mandatory for any such actions regarding park property.
Revenues
- Provision Explanation: All revenues generated from Burnham Park will go to the treasury of the City Government of Baguio.
- Key Definitions:
- "Net Profit": The income remaining after all operational costs are deducted.
- Important Requirements:
- Revenues must first be allocated to the park's operation, management, and maintenance.
- Any excess net profit will be equally shared between the City Government and the PTA.
Promotion and Technical Assistance
- Provision Explanation: The Department of Tourism is tasked with providing promotional support and technical assistance to Burnham Park, similar to that offered to privately-operated tourist facilities.
- Key Definitions:
- "Promotional Support": Marketing efforts to enhance the visibility and attractiveness of the park.
Repealing Clause
- Provision Explanation: All executive issuances, regulations, or parts thereof that conflict with this Executive Order are repealed or modified accordingly.
- Key Definitions:
- "Repealing Clause": A provision that invalidates previous laws or orders that are inconsistent with the new order.
Effectivity
- Provision Explanation: This Executive Order shall take effect immediately upon signing.
- Important Requirements:
- No specific time frame is provided for implementation other than immediate effectivity.
Key Takeaways
- EO 695 formally transfers the full control of Burnham Park from the PTA to the City Government of Baguio, enhancing local governance over the park's administration and development.
- The City is responsible for managing park revenues, with strict rules against alienating park property without approval.
- The Executive Order promotes collaboration with the Department of Tourism for ongoing support and development of the park.
- All previous conflicting regulations are repealed, ensuring clarity and authority in the management of Burnham Park.