Title
Inclusion of BCDA in Infrastructure Cluster
Law
Executive Order No. 86
Decision Date
Jul 25, 2019
Executive Order No. 86 amends the Cabinet Clusters system in the Philippines to integrate good governance and anti-corruption, creating the Infrastructure Cluster and Participatory Governance Cluster, with the Bases Conversion and Development Authority playing a significant role in infrastructure development.

Constitutional and statutory basis cited

  • The Order invokes the President’s control power under Article VII of the 1987 Constitution, particularly the power of control over executive departments, bureaus, and offices, and the duty to ensure faithful execution of laws (preamble).
  • The Order grounds BCDA’s role in Republic Act No. 7227, the Bases Conversion and Development Act of 1992, as amended (preamble).
  • The Order cites Section 17 of Republic Act No. 7227 as amended, establishing that BCDA shall be under the direct control and supervision of the Office of the President for purposes of policy direction and coordination (preamble).

Policy context for the Infrastructure Cluster

  • Executive Order No. 24 (S. 2017) created the Infrastructure Cluster to focus on infrastructure development aligned with the 10-Point Socio-Economic Agenda of the National Government.
  • The Infrastructure Cluster aims to enhance public infrastructure delivery through efficient and transparent management of assets and resources.
  • The Infrastructure Cluster emphasizes management of assets and a shift toward service-oriented approaches so stakeholders can become co-producers of services (preamble).
  • The Order characterizes BCDA’s mandates and projects—covering infrastructure and growth initiatives—as warranting its inclusion in the Infrastructure Cluster (preamble).

Amendment to EO No. 24 composition

  • Section 1 amends Paragraph 3, Section 3 of Executive Order No. 24 (S. 2017) by updating the composition of the Infrastructure Cluster (Section 1).
  • The Chair of the Cluster is Secretary, Department of Public Works and Highways (Section 1).
  • The Cluster Members include:
    • The Executive Secretary; The Cabinet Secretary; Head, Presidential Management Staff; Secretary, Department of the Interior and Local Government; Secretary, Department of Budget and Management; Secretary, National Economic and Development Authority; Secretary, Department of Transportation; Secretary, Department of Finance; Secretary, Department of Information and Communications Technology; Secretary, Department of Trade and Industry; Secretary, Department of Agriculture; Secretary, Department of Health; Secretary, Department of Social Welfare and Development; Secretary, Department of Education; Secretary, Department of Tourism (Section 1).
    • President, Bases Conversion and Development Authority (BCDA) is added as a Member (Section 1).
  • The Cluster’s Secretariat is National Economic and Development Authority (Section 1).

Continuity of all other EO No. 24 provisions

  • Section 2 provides that all other provisions of Executive Order No. 24 remain in full force and effect except as expressly modified by Executive Order No. 86 (Section 2).

Repeal and modification of inconsistent issuances

  • Section 3 repeals or modifies all other issuances, orders, rules, and regulations, or portions thereof, that are inconsistent with Executive Order No. 86 (Section 3).

Separability clause

  • Section 4 states that if any provision of Executive Order No. 86 is declared invalid or unconstitutional, the remaining provisions not affected remain valid and subsisting (Section 4).

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