Title
Transfer and Delegation of PRA Powers
Law
Executive Order No. 74
Decision Date
Feb 1, 2019
The Implementing Rules and Regulations (IRR) of Executive Order No. 74 provides guidelines for the approval of reclamation projects in the Philippines, covering various types of projects initiated by different entities and outlining the application process, requirements, and regulatory powers of the PRA.

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.

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