Law Summary
Legal Mandates of Key Agencies Involved in Pasig River Management
- RA 9275 (Philippine Clean Water Act of 2004) vests DENR with jurisdiction over water pollution control, enforcement, and water quality management.
- RA 11201 created the Department of Human Settlements and Urban Development (DHSUD) for housing and urban development including relocation policies.
- EO No. 292 mandates the Department of Public Works and Highways (DPWH) to provide integrated plans for flood control and water resources.
- RA 7924 grants the Metro Manila Development Authority (MMDA) authority over flood control, drainage, and sewerage management within Metro Manila.
- AO No. 16 (2019) designates DENR to lead remedial water quality improvement, specifically for Manila Bay and river systems including Pasig River.
Justifications for PRRC Disestablishment
- Government’s right-sizing and efficiency policy under the Philippine Development Plan 2017-2022 aims to consolidate waterway rehabilitation efforts.
- Streamlining functions to agencies with core mandates is intended to promote economy, efficiency, and accountability.
- The constitutional power of the President under Section 17, Article VII of the 1987 Constitution supports restructuring.
Disestablishment and Transfer of PRRC Functions
- PRRC is formally disestablished.
- Its functions and powers pursuant to EO No. 54, as amended, are transferred to the following:
- Manila Bay Task Force: leads overall implementation of the Pasig River Master Plan focusing on rehabilitation, marine life restoration, and promotion of transport, recreation, and tourism.
- DENR: enforces easements under Civil Code, prevents dumping of untreated wastewater, abates pollution, and enforces PD Nos. 948 and 274, plus related laws.
- DHSUD: accelerates relocation of informal settlers and unlawful occupants along Pasig River banks, enforces Proclamation No. 704 (1995), collaborating with DENR and the Presidential Commission for the Urban Poor.
- MMDA and DPWH: ensure removal of illegal structures along the river, undertake dredging and cleaning works, coordinated with DILG, LGUs, and the PNP Maritime Group.
Winding-up Procedures
- DBM, in consultation with DENR and MMDA, will supervise PRRC's winding-up within 60 days of the Order’s effectivity.
- This includes disposition or transfer of assets, obligations, functions, and personnel in accordance with applicable laws.
Legal Provisions on Continuity and Repeals
- Separability clause ensures that if any part is found unconstitutional or invalid, other provisions remain effective.
- EO No. 54, as amended, is repealed.
- All inconsistent executive orders, rules, and issuances are revoked or modified accordingly.
Effectivity
- The order takes effect immediately upon publication in the Official Gazette or a newspaper of general circulation.