Law Summary

Preamble

• Legal Principle: The order recognizes the unprecedented devastation caused by Typhoons Ondoy, Pepeng, and Frank on the Philippines, emphasizing the urgent need for reconstruction.
• Key Definitions:
  • Typhoons Ondoy, Pepeng, and Frank: Natural disasters that caused significant damage to infrastructure and public welfare.
• Important Requirements:
  • The Philippine Government is mandated to adopt urgent measures for reconstruction.
  • Collaboration with the private sector is essential due to fiscal constraints exacerbated by the global financial crisis.

Section 1: Creation and Composition

• Legal Principle: Establishment of the Special National Public Reconstruction Commission.
• Key Definitions:
  • Public Commission: The newly formed body responsible for overseeing reconstruction efforts.
• Important Requirements:
  • The Secretary of Finance will serve as the head.
  • Membership includes Secretaries of the National Disaster Coordinating Council, Department of Social Welfare and Development, and Housing and Urban Development Coordinating Council.

Section 2: Secretariat

• Legal Principle: Formation of a Secretariat to support the Public Commission.
• Key Definitions:
  • Secretariat: Composed of the National Economic and Development Authority and the Office of Civil Defense.
• Important Requirements:
  • The Secretariat will be headed by a Secretary-General.

Section 3: Key Tasks

• Legal Principle: Outlining the Public Commission's responsibilities.
• Important Requirements:
  • Conduct a study on the causes, costs, and necessary actions post-typhoons.
  • Undertake rehabilitation of damaged infrastructure.
  • Enhance cooperation with the private sector for resource mobilization.
  • Raise funds, particularly through grants, for reconstruction.
  • Prioritize projects for reconstruction.
  • Oversee the implementation of the reconstruction program.
  • Serve as a clearing house for international assistance.
  • Coordinate with the UN and World Bank for an International Pledging Session.

Section 4: Private Sector

• Legal Principle: Encouraging private sector involvement in reconstruction.
• Key Definitions:
  • Private Commission: A separate entity led by a business leader to assist the Public Commission.
• Important Requirements:
  • The Public Commission can enter into a Cooperation Agreement with the Private Commission.
  • All government agencies must support the initiatives of the Private Commission.
• Consequences:
  • The Private Commission and its contributors remain independent and are not part of the Public Commission.

Section 5: Repealing Clause

• Legal Principle: Repeal of inconsistent executive issuances.
• Important Requirements:
  • All previous executive orders inconsistent with this order, including Executive Order No. 832, are repealed or amended accordingly.

Section 6: Effectivity

• Legal Principle: Establishing the immediate applicability of the Executive Order.
• Important Requirements:
  • The Executive Order takes effect immediately upon signing.

Key Takeaways

• The Executive Order establishes a structured approach to address the extensive damage caused by recent typhoons through the creation of a dedicated Public Commission.
• Key tasks are centered around assessing damage, mobilizing resources, and ensuring effective reconstruction efforts.
• Emphasis on private sector collaboration is critical to overcoming fiscal constraints and enhancing reconstruction initiatives.
• Immediate effectivity ensures that reconstruction efforts can commence without delay.