Law Summary

Background and Authority

• Legal Basis: This Memorandum Order No. 159, dated January 28, 2005, is issued under the authority of the President of the Philippines.
• Reconstitution of the Panel: The order reconstitutes a Negotiating Panel initially established by Memorandum Order No. 448 on October 9, 1997, to address the ownership issue of a ten-hectare area in Fort Bonifacio designated for US diplomatic and consular use.

Composition of the Negotiating Panel

• Chairmanship: The panel will be chaired by the Undersecretary of the Department of Foreign Affairs.
• Membership: Include heads or designated representatives from:
  • Office of the Executive Secretary
  • Department of Justice
  • Bases Conversion Development Authority

Guidelines for Negotiation

• Ownership Clause:
  • The land remains in the public domain, and its ownership by the Republic of the Philippines cannot be negotiated.
• Scope of Negotiation:
  • Negotiations are limited strictly to the terms and conditions regarding the development of the land.
  • The lease duration must be set as short as possible.
• Productive Use:
  • The arrangements should aim to ensure the most productive utilization of the property.

Reporting Requirements

• Submission Timeline:
  • The reconstituted panel is required to submit its report and recommendations within thirty (30) days from the date of reconstitution.

Authority and Adoption

• Authority: The order is adopted by the Executive Secretary, Eduardo R. Ermita, by the authority of the President.

Key Takeaways

• The Memorandum Order No. 159 reestablishes a negotiating panel to address the non-negotiable ownership of a ten-hectare area in Fort Bonifacio, while allowing for short-term lease negotiations focused on productive use.
• The panel must adhere to specific guidelines ensuring the Republic's ownership is protected, with a deadline for report submission set at thirty days post-reconstitution.