PRESIDENT Rodrigo Duterte has signed Executive Order (EO) 74, transferring the control and supervision of the Philippine Reclamation Authority (PRA) to his office from the Department of Environment and Natural Resources (DENR).
Under EO 74 inked February 1, the President also gave back to the PRA Governing Board the power to approve all reclamation projects.
"Such delegation, however, shall not be construed as diminishing the President's authority to modify, amend or nullify the action of the PRA Governing Board," EO 74 read.
Duterte issued the EO in a bid to "rationalize the approval process for reclamation projects towards an economically and environmentally sustainable resource development."
The PRA, formerly known as the Public Estates Authority, is mandated to develop, improve, administer, deal in, subdivide, dispose, lease, and sell all kinds of lands, buildings, estates and other forms of real property owned, managed, controlled, and operated by the government.
In 2006, EO 146 delegated power to approve reclamation projects to the National Economic and Development Authority (Neda).
EO 146, however, still allowed the PRA to continue processing, evaluating, and recommending the approval of all proposed reclamation projects to the Neda Board.
EO 798 was signed in 2009, granting the DENR the authority to have supervision and control over the PRA.
Pursuant to its mandate to integrate, direct and coordinate all reclamation projects for and on behalf of the National Government, the PRA is mandated to seek the advisory opinions of the Neda, the DENR, and the Department of Finance, according to Duterte's EO 74.
The Neda is tasked to give opinion on the consistency of the project with national and regional development planning and programming, and established national priorities of the government.
The EO also instructed the DENR to give advice on the environmental sustainability of the project and compliance with environmental laws, rules and regulations.
The DOF, meantime, should give opinion on the economic and fiscal viability of the project based on the feasibility study submitted by the project proponent and consistency of component joint venture agreements or other incidental agreements with applicable laws.
"The above agency advisory opinions must be conveyed to the PRA within 30 days from their receipt from the PRA of all documents reasonably necessary for their respective evaluation," EO 74 said.
The PRA cannot approve reclamation projects without the required area clearance and environmental compliance certificate to be issued by the DENR.
It should also ensure that all reclamation projects undergo competitive public bidding, consistent with the government's thrust to promote transparency and competitiveness.
All proposals for reclamation projects would be evaluated by the PRA based on their cumulative impacts rather than on a specific project basis.
The PRA, in coordination with the DENR, Neda and affected local government units, should craft a national and regional reclamation and development plans, which take into consideration the environmental, social and economic impacts of proposed reclamation projects.
EO 74 noted that the PRA Governing Board is enjoined to allot at least five percent of its net earnings to develop its capability and expertise to reclaim land, including the modernization of its dredging and reclamation technologies, subject to relevant budgetary and accounting laws, rules and regulations.
EO 74, which was released by Palace on Monday, February 4, took effect "immediately."
Within 30 days from the effectivity of EO 74, the PRA should submit to Duterte's office for approval the necessary rules and regulation for the implementation of this order. (Ruth Abbey Gita/VoxPop Philippines)