Law Summary
Transfer and Delegation of Authority
- The Philippine Reclamation Authority (PRA) is placed under the control and supervision of the Office of the President (OP).
- The President's power to approve all reclamation projects is delegated to the PRA Governing Board.
- The delegation does not limit the President's authority to modify, amend, or nullify decisions by the PRA Governing Board.
Technical Evaluation of Reclamation Projects
- PRA must seek advisory opinions from relevant national agencies on reclamation projects:
- National Economic and Development Authority (NEDA) for project consistency with national and regional development plans and government priorities.
- Department of Environment and Natural Resources (DENR) for environmental sustainability and legal compliance.
- Department of Finance (DOF) for economic and fiscal viability, compliance with relevant laws (RA No. 6957 and RA No. 9184), and validity of joint venture agreements.
- Agencies must provide their advisory opinions within 30 days upon receipt of necessary documents.
Environmental Compliance Requirements
- Reclamation projects require an Area Clearance and Environmental Compliance Certificate from DENR prior to approval.
- DENR is responsible for ensuring transparency and inclusive public engagement during the Environmental Impact Assessment process.
Competitive Bidding Process
- All reclamation projects must undergo competitive public bidding processes to promote transparency and competitiveness, subject to applicable laws and regulations.
Holistic Evaluation Approach
- PRA evaluates reclamation proposals based on cumulative environmental, social, and economic impacts rather than isolated project assessments.
- Hydrodynamic modeling is mandatory for all projects except those under five hectares.
- Detailed horizontal and vertical development plans must accompany proposals.
Reclamation and Development Plans (RDPs)
- PRA, in coordination with DENR, NEDA, and affected local government units (LGUs), shall develop National and/or Regional Reclamation and Development Plans.
- RDPs must consider environmental, social, and economic impacts and undergo public consultation.
- Reclamation proposals must comply with RDPs and relevant master plans of concerned national agencies.
Development Fund and PRA Enhancement
- PRA Governing Board is encouraged to allocate at least 5% of net earnings to develop reclamation capability, including modernization of technologies.
- PRA is to implement a five-year development plan aiming to be a premier reclamation authority.
Scope and Applicability
- The Order applies to all reclamation projects, including those initiated by LGUs and other government entities.
- Projects with no existing contracts or agreements with private proponents prior to the Order's effectivity fall under its coverage.
Implementation Rules and Regulations
- PRA must submit implementing rules and regulations within 30 days from the Order's effectivity for OP approval.
Separability Clause
- Invalidity or unconstitutionality of any provision shall not affect the validity of remaining provisions.
General Repeal and Effectivity
- All inconsistent prior issuances are repealed or modified accordingly.
- Executive Order takes effect immediately upon signing.