EXECUTIVE ORDER NO. 131
EXECUTIVE ORDER NO. 131 -
REORGANIZING THE MINISTRY OF NATURAL RESOURCES AND RENAMING IT AS THE
DEPARTMENT OF ENVIRONMENT, ENERGY AND NATURAL RESOURCES ABOLISHING THE
MINISTRY OF ENERGY INTEGRATING ALL OFFICES AND AGENCIES WHOSE FUNCTIONS
RELATE TO ENERGY AND NATURAL RESOURCES INTO THE MINISTRY DEFINING ITS
POWERS AND FUNCTIONS AND FOR OTHER PURPOSES
RECALLING
that the reorganization of the government is mandated expressly in
Article II, Section 1 (a), and Article III of the Freedom
Constitution;
HAVING IN MIND that, pursuant to Executive Order No. 5 (1986), it is
directed that necessary and proper changes in the organizational and
functional structures of the government, its agencies and its
instrumentalities, be effected in order to promote efficiency and
effectiveness in the delivery of public services;
REALIZING that the Ministry of Natural Resources must be reorganized
and strengthened in order to increase its capacity to carry out powers
and functions related to the demands of economic recovery, particularly
the administration management, development, conservation, regulation
and proper use of the country’s natural resources, for the benefit of
all Filipinos;
AFFIRMING that the government needs at line agency for the formulation
and supervision of its energy resource development program on a unified
and coordinated manner;
COGNIZANT of the important influence of the energy sector in the social
and economic life of the country;
TAKING NOTE that the magnitude, compity and strategic importance of the
country’s energy requirements, demand an integrated planning and
supervision of the country’s comprehensive energy program geared toward
achieving energy self-reliance and the judicious conservation and
efficient utilization of the country’s resources;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
People and the Freedom Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Ministry of
Environment, Energy and Natural Resources.
Sec. 2. Reorganization. — The Ministry of Natural
Resources, is hereby reorganized structurally and functionally in
accordance with the provisions of this Executive Order. The Ministry of
Energy is hereby abolished and all its pertinent functions together
with applicable appropriations, records, equipment and personnel as may
be necessary are transferred to the Ministry, now reorganized and
renamed the Ministry of Environment, Energy and Natural Resources,
hereinafter referred to as the Ministry.
Sec. 3. Declaration of Policy. — It is hereby
declared the policy of the State to ensure the judicious use,
development, management, renewal, and conservation of the country’s
forest, mineral, land, water including marine waters and other natural
resources, including the protection and enhancement of the quality of
the environment, and equitable access of the different segments of the
population to the development and use of the country’s natural
resources not only for the present generation but for future
generations as well.
It is also the policy of the state to recognize and apply the
importance of energy and natural resources relative to their
utilization, development and conservation.
It is further the policy of the state to ensure the continuous,
adequate and economic supply of energy with the end in view of
ultimately achieving self-reliance in the country’s energy
requirements, through intensive exploration and development of
indigenous energy resources, and through the judicious conservation and
efficient utilization of energy consistent with the country’s
accelerated economic growth objectives.
Sec. 4. Mandate. — The Ministry shall be the
primary government agency responsible for the conservation, management,
development and proper use of the country’s energy and natural
resources.
Natural resources specifically include but will not be limited to,
forest and grazing lands, water, mineral resources, including those in
reservation and watershed areas, and lands of the public domain.
Energy resources include but will not be limited to, those from fossil
fuels such as petroleum, coal, natural gas and gas liquids,
nuclear-fuel resources, geothermal resources, hydroelectric resources,
and existing and potential forms of non-conventional energy resources.
The ministry shall be responsible for the exploration, development,
marketing, distribution, storage and efficient utilization as well as
the licensing and regulation of all energy and natural resources as may
be provided for by law in order to ensure equitable sharing of the
benefits derived therefrom for the welfare of the present and future
generations of Filipinos.
To accomplish its mandate, the Ministry shall be guided by the
following objectives that will serve as basis for policy formulation:
(a)
Assure the availability and sustainability of the country’s energy and
natural resources through judicious use and systematic restoration or
replacement, whenever possible;
(b) Increase
the productivity of natural resources in order to meet the demands for
forest, mineral, land and water resources of a growing population;
(c) Enhance
the contribution of energy and natural resources for achieving national
economic and social development;
(d) Promote
equitable access to natural resources by the different sectors of the
population;
(e) Conserve
specific terrestrial and marine areas representative of the Philippine
natural and cultural heritage for present and future generations.
Sec. 5. Powers and Functions. — To accomplish its
mandate, the Ministry shall have the following powers and functions:
(a)
Advise the President on the promulgation of laws relative to the
development, use, regulation, and conservation of the country’s energy
and natural resources;
(b) Formulate,
implement, and supervise the government’s policies, plans and programs
pertaining to the management, conservation, development, use and
replenishment of the country’s energy and natural resources;
(c) Encourage,
guide and where necessary, regulate business activities relative to the
exploration, exploitation, development, extraction, importation,
exportation, transport, marketing, distribution and storage of fossil,
nuclear, a geothermal, hydroelectric, and non-conventional forms of
energy resources and prescribe and collect reasonable fees in the
exercise of such powers;
(d) Promulgate
rules and regulations in accordance with law governing the exploration,
development, conservation, extraction, disposition, use and such other
commercial activities tending to cause the depletion and degradation of
our natural resources;
(e) Exercise
supervision and control over forest lands, alienable and disposable
lands, mineral and energy resources and in the process of exercising
such control the Ministry shall impose appropriate taxes, fees,
charges, rentals and any such form of levy for the use, occupation or
exploitation of such resources;
(f) Undertake
exploration, assessment, classification and inventory of the country’s
energy and natural resources using ground surveys, remote sensing and
complementary technologies;
(g) Promote
proper and mutual consultation with the private sector involving energy
and natural resources development, use and conservation;
(h) Issue
licenses and permits for activities related to the use and development
of aquatic resources, treasure hunting, salvaging of sunken vessels and
other similar activities;
(i) Undertake
geological surveys of the whole country including its territorial
waters;
(j) Establish
policies and implement programs for the:
1.
Accelerated inventory, surveys and classification of lands, forest, and
mineral resources using appropriate technology, to be able to come up
with a more accurate assessment of resource quality and quantity;
2. Equitable
distribution of natural resources through the judicious administration,
regulation, utilization, development and conservation of public lands,
forest, water and mineral resources (including mineral reservation
areas), that would benefit a greater number of Filipinos;
3. Promotion,
development and expansion of natural resource-based industries;
4.
Preservation of cultural and natural heritage through wildlife
conservation and segregation of national parks and other protected
areas;
5. Maintenance
of a wholesome natural environment by enforcing environmental
protection laws;
6.
Encouragement of greater participation and private initiative in
natural resource management.
(k)
Promulgate rules and regulations necessary to:
1.
Accelerate cadastral and emancipation patent surveys, land use planning
and public land titling;
2. Harness
forest resources in a sustainable manner, to assist rural development,
support forest based industries, and provide raw materials to meet
increasing demands, at the same time keeping adequate reserves for
environmental stability;
3. Expedite
mineral resources surveys, promote the production of metallic and
non-metallic minerals and encourage mineral marketing; and
4. Assure
conservation and judicious and sustainable development of aquatic
resources.
(l)
Assess, review and provide direction to, in coordination with concerned
government agencies, energy research and development programs,
including identification of sources of energy and determination of
their commercial feasibility for development;
(m) Regulate
the development, disposition, extraction, exploration and use of the
country’s forest, land, water and mineral resources.
(n) Assume
responsibility for the assessment, development, protection, licensing
and regulation as provided for by law, where applicable, of all energy
and natural resources, the regulation and monitoring of service
contractors, licensees, lessees, and permit for the extraction,
exploration, development and use of natural resources products; the
implementation of programs and measures with the end in view of
promoting close collaboration between the government and the private
sector; the effective and efficient classification and
sub-classification of lands of the public domain; and the enforcement
of energy and natural resources and environmental laws, rules and
regulations.
(o) Promulgate
rules, regulations and guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other privileges concerning the
development, exploration and utilization of the country’s marine,
freshwater, and brackish water and overall aquatic resources of the
country and shall continue to oversee, supervise and police our natural
resources; to cancel or cause to cancel such privileges upon failure,
non-compliance or violations of any regulations, orders and for all
other causes which are in furtherance of the conservation of natural
resources and supportive of the national interest;
(p) Exercise
other powers and functions and perform such other acts as may be
necessary, proper or incidental to the attainment of its mandates and
objectives.
Sec. 6. Structural Organization. — The Ministry
consists of the Ministry Proper with five (5) Offices as defined in
Section 11 hereof and the following:
(a)
Office of Energy and Environment;
(b) Office of
Natural Resources;
(c) Office of
Field Operations;
(d) Legal and
Supportive Services;
(e) Office of
Policy and Planning;
The staff sectoral bureaus on the other hand, shall be composed of:
(a)
Forest Management Bureau;
(b) Land
Management Bureau;
(e) Mines and
Geo-Sciences Bureau;
(d)
Environmental Protection Bureau;
(e) Energy
Development Bureau;
(f) Energy
Utilization Bureau;
Sec. 7. Minister of Environment Energy and Natural
Resources. — The authority and responsibility for the exercise of the
mandate of the Ministry, the accomplishment of its objectives and
discharge of its powers and functions shall be vested in the Minister
of Environment, Energy and Natural Resources, hereinafter referred to
as the Minister, who shall be appointed by the President and who shall
have supervision and control over the Ministry. For such purposes, the
Minister shall have the following functions:
(a)
Advice the President on the promulgation of rules, regulations and
other issuances relative to the conservation, management, development
and proper use of the country’s natural resources;
(b) Establish
policies and standards for the efficient and effective operations of
the Ministry in accordance with the programs of the government;
(c) Promulgate
rules, regulations and other issuances necessary in carrying out the
Ministry’s mandate, objectives, policies, plans, programs and projects;
(d) Exercise
supervision and control over all functions and activities of the
Ministry;
(e) Delegate
authority for the performance of any administrative or substantive
function to any Deputy Minister or other officers of rank at the
Ministry proper;
(f) Perform
other functions as may be provided by law or assigned appropriately by
the President.
Sec. 8. Office of the Minister. — The Office of
the Minister shall consist of the Minister and his immediate staff.
Sec. 9. Deputy Minister. — The Minister shall be
assisted by five (5) Deputy Ministers appointed by the President upon
the recommendation of the Minister, one to be responsible for Energy
and Environment, one for Natural Resources, one for Field Operations,
one for Legal and Support Services and one for Policy and Planning. For
such purpose, a Deputy Minister shall have the following functions:
(a)
Advise the Minister in the promulgation of Ministry orders,
administrative orders and other issuances, with respect to his area of
responsibility;
(b) Exercise
supervision and control over the offices, services, operating units and
officers (the term “officers” as used in this Executive Order is
intended to be within the meaning of the term “official” as used in the
freedom Constitution) and employees under his responsibility,
(c) Promulgate
rules and regulation, consistent with Ministry policies, that will
efficiently and effectively govern the activities of units under his
responsibility;
(d) Coordinate
the functions and activities of the units under his responsibility with
those of other units under the responsibility of other Deputy Ministers;
(e) Exercise
delegated authority on substantive and administrative matters related
to the functions and activities of units under his responsibility to
the extent granted by the Minister through administrative issuances;
(f) Perform
other functions as may be provided by law or assigned appropriately by
the Minister.
Sec. 10. Assistant Ministers. — The Minister and
the Deputy Ministers shall also be assisted by seven (7) Assistant
Ministers appointed by the President upon the recommendation of the
Minister, responsible for the following: one for Planning and Project
Management, one for Foreign Funded and Special Projects, one for Luzon
field office, one for Visayas field office, one for Mindanao field
office, one for Management Services, and one for Legal Services.
Sec. 11. Office of the Deputy Minister for Natural
Resources. — Office to be headed by Deputy Minister shall have the
following powers and functions:
(a)
Assist and advise the Minister on the promulgation of all office order,
rules and regulations related to natural resources;
(b) Establish
policies and standards for the effective, efficient and economical
operations of the Ministry in accordance with the programs of
government related to natural resources;
(c) Promulgate
rules and regulations necessary to carry out ministry objectives,
policies, plans, programs and projects related to natural resources;
(d) Exercise
supervision and control over all functions and activities of bureaus
and offices in the Ministry with regards to natural resources concern:
(e) Delegate
authority for the performance of any administrative and substantive
function to any Assistant Minister or other officials of rank at the
Ministry proper concerned with natural resources matter;
Sec. 11A. Office of the Deputy Minister for
Environment and Energy. — Office to be headed by Deputy Minister shall
have the following powers and functions:
(a)
Assist and advise the Minister on the promulgation of all office order,
rules and regulations related to the energy and environment;
(b) Establish
policies and standards for the effective, efficient, and economical
operations of the Ministry in accordance with the programs of
government related to energy and environment;
(c) Promulgate
rules and regulations necessary to carry out ministry objectives,
policies, plans, programs and projects related to energy and
environment;
(d) Exercise
supervision and control over all functions and activities of bureaus
and offices in the Ministry with regard to energy and environment;
(e) Delegate
authority for the performance of any administrative and substantive
function to any Assistant Minister or other officials of rank at the
Ministry proper concerned with energy and environment.
Sec. 11B. Office of the Deputy Minister for Legal
and Support Services. — Office to be headed by Deputy Minister shall
have the following powers and functions:
(a)
Assist and advise the Minister on the promulgation of all office order,
rules and regulations related to the financial management,
administrative services, human resources development services and legal
services;
(b) Establish
policies and standards for the effective, efficient and economical
operations of the Ministry in accordance with the programs of
government related to financial management, administrative services,
human resources development services and legal services;
(c) Promulgate
rules and regulations necessary to carry out ministry objectives,
policies, plans, programs and projects related to financial management,
administrative services, human resources development services and legal
services;
(d) Exercise
supervision and control over all functions and activities of bureaus
and offices in the Ministry with regard to financial management,
administrative services, human resources development services and legal
services;
(e) Delegate
authority for the performance of any administrative and substantive
function to any Assistant Minister or other officials of rank at the
Ministry proper concerned with financial management, administrative
services, human resources development services and legal services;
(f) Develop
and recommend policies and programs on personnel development,
management, selection, placement and promotion standards including
welfare services; conduct career and personnel development programs for
the Department; develop and maintain a system for maintenance of the
Ministry including its communication, transportation and printing
services;
(g) Develop
and maintain adequate record and report filing systems and books of
account; certify for the Ministry availability of funds, including
obligations of the same; prepare and process payrolls and vouchers for
payments of salaries and wages of officers and employees of the
Ministry;
(h) Issue
allotments advice in support of the budget requirement for the conduct
of operations under each program and project;
(i) Develop
and recommend efficient and effective methods and procedures on budget
disbursement, and cost and financial accounting and management.
Administrative and Finance
Divisions of all bureaus, shall continue to function as staff support
to their respective bureaus, as coordinated by the Ministry’s Support
Services Office.
Sec. 11C. Office of the Deputy Minister for Field
Operations. — The Field Operations Office shall be headed by a Deputy
Minister, assisted by three (3) Assistant Ministers, one for Luzon, one
for Visayas and one for Mindanao, and shall have the following
functions:
(a)
Oversee the implementation and operations of the Ministry’s policies,
plans and programs in the regional and field offices.
(b) Provide
the Ministry with the latest information, data and/or statistics on the
latest programs, projects and activities being implemented in the field
and transmit such information to the Office of Public Affairs, whenever
applicable, to keep the public informed on energy and natural resources
developments; monitor the execution/implementation of regional projects
and activities of the licenses, permittees, and other lessees involved
in the utilization of energy and natural resources.
Sec. 12. Office of the Deputy Minister for Policy
and Planning. — Office to be headed by Deputy Minister shall have the
following powers and functions:
(a)
Shall serve as the central coordinating unit for policy, planning and
project development and management;
(b) Shall
develop a Department-wide framework for policy formulation and program
planning;
(c) Shall
conduct resource policy analysis;
(d) Shall
institute an effective system of monitoring and evaluation of Ministry
programs and projects;
(e) Shall
coordinate official development assistance and implementation of
foreign-assisted projects;
(f) Shall
establish contacts with foreign funding institutions;
(g) Shall
monitor the activities of regional/international
institutions/instrumentalities and trade movements affecting energy and
natural resources sectors;
(h) Shall
coordinate and integrate proposed projects prepared by the sectoral
bureaus and attached agencies for local and foreign fundings;
(i) Shall
coordinate information systems of the different natural resources
agencies/services of the Ministry;
(j) Shall
integrate all applied research functions on the development,
production, harvesting, processing and use of environment, energy and
natural resources of the different bureaus. It shall have the following
institutes: forestry, mines, and land management. The Forest Research
Institute (FORI) is hereby transferred into the Natural Resource
Research Office. It shall be responsible for assembling and storing
natural resources research outputs and promoting the application of
utilization of these results by the Department’s clienteles.
Sec. 13. Legal Services Office. — The Legal
Services Office shall be headed by an Assistant Minister. It shall
advise and assist the Minister with respect to legal matters; prepare
recommendations or orders involving the disposition, utilization and
development of public lands, forest, minerals and other natural
resources; review the issuances of licenses, permits and deeds of
conveyance sales and other transfer of rights involving development and
utilization of natural resources; and appear and act as counsel of the
Ministry.
The Legal Divisions of all bureaus, shall continue to function as staff
support to their respective bureaus, as coordinated by the Ministry’s
Legal Services Office.
Sec. 14. Public Affairs Office. — The Public
Affairs Office to be headed by a Director, shall serve as the public
information arm of the Ministry; be responsible for disseminating
information on energy and natural resources development policies,
plans, programs and projects; and respond to public queries related to
the development and conservation of energy and natural resources.
The Public Affairs Offices of all bureaus are hereby abolished and
their functions are transferred to the Public Affairs Office in
accordance with Sec. 24 (b) hereof.
Sec. 15. Special Concerns Office. — The Special
Concerns Office to be headed by a Director, shall be responsible for
handling priority areas/subjects identified by the Minister which
necessitate special and immediate attention.
Sec. 16. Forest Management Bureau. — The Bureau of
Forest Development (BFD) and the Wood Industry Development Authority
(WIDA), are hereby abolished and in their stead the Forest Management
Bureau is hereby created. The Forest Management Bureau, to be headed by
a Director and assisted by an Assistant Director shall advise the
Minister on matters pertaining to forest development and conservation.
Its primary functions are:
(a)
Recommend policies and/or programs for the effective protection,
development, occupancy, management and conservation of forest lands and
watersheds, including grazing and mangrove areas, reforestation and
rehabilitation of critically denuded/degraded forest reservations,
improvement of water resource use and development, development of
national parks, preservation of wilderness areas, game refuges and
wildlife sanctuaries, ancestral lands, wilderness areas and other
natural preserves, development of forest plantations including rattan,
bamboo, and other valuable non-timber forest resources, rationalization
of the wood-based industries, regulation of the utilization and
exploitation of forest resources including wildlife, to ensure
continued supply of forest goods and services.
(b) Advise the
regional offices in the implementation of the above policies and/or
programs.
(c) Develop
plans, programs, operating standards and administrative measures to
promote the Bureau’s objectives and functions.
(d) Assist in
the monitoring and evaluation of forestry and watershed development
projects to ensure efficiency and effectiveness.
(e) Perform
other functions as may be assigned by the Minister.
Sec. 17. Land Management Bureau. — There is hereby
created the Lands Management Bureau which shall absorb functions of the
Bureau of Lands, which is hereby abolished in accordance with Sec. 24 (b) hereof, and the relevant functions of the Human Settlements
Regulatory Commission, excluding those related to highly urbanized
areas. The Lands Management Bureau, to be headed by a Director and
assisted by an Assistant Director, shall advise the Minister on matters
pertaining to rational land management and disposition and shall have
the following functions:
(a)
Recommend policies and programs for the efficient and effective
administration, surveys, management and disposition of alienable and
disposable lands of the public domain and other lands outside the
responsibilities of other government agencies;
(b) Advise the
Regional Offices on the efficient and effective implementation of
policies, programs and projects for more effective public lands
management;
(c) Assist in
the monitoring and evaluation of land surveys, management and
disposition of lands to ensure efficiency and effectiveness thereof;
(d) Develop
operating standards and procedures to promote the Bureau’s objectives
and functions;
(e) Perform
other functions as may be assigned by the Minister.
Sec. 18. Mines and Geo-Sciences Bureau. — There is
hereby created the Mines and Geo-Sciences Bureau which shall absorb the
functions of the Bureau of Mines and Geo-Sciences, Gold Mining Industry
Development Board and the Mineral Reservations Board, all of which are
hereby abolished in accordance with Sec. 24 (b) hereof. The Mines
and Geo-Sciences Bureau, to be headed by a Director and assisted by an
Assistant Director, shall advise the Minister on matters pertaining to
geology and mineral resources exploration, development and conservation
and shall have the following functions:
(a)
Recommend policies, regulations and/or programs related to the
exploration, development, exploitation and conservation of mineral
resources, metallic and non-metallic, including the development of the
mining industry;
(b) Advise the
Minister on the granting of mining rights and contracts over areas
containing metallic and non-metallic mineral resources:
(c) Advise the
Regional Offices on the effective implementation of mineral development
and conservation programs as well as geological surveys;
(d) Assist in
the monitoring and evaluation of the Bureau’s programs and projects to
ensure efficiency and effectiveness thereof,
(e) Develop
operating standards and procedures to enhance the Bureau’s efficiency
and effectiveness;
(f) Perform
other functions as may be assigned by the Minister.
Sec. 18.A Environmental Protection Bureau. — The
National Environmental Protection Council (NEPC), National Pollution
Control Commission (NPCC) and the Environmental Center of the
Philippines (ECP) are hereby integrated and merged into a single bureau
in accordance with Sec. 24 (c) hereof. The Bureau shall be
responsible for the formulation, enforcement and monitoring of an
integrated program of natural resources conservation and environmental
protection, as well as, formulation of policies and guidelines for the
establishment of environmental quality standards and impact
assessments, and the conservation of natural resources.
Sec. 18.B Energy Utilization Bureau. — The Energy
Utilization Bureau is hereby transferred. The Energy Utilization
Bureau, to be headed by a Director and assisted by an Assistant
Director shall advise Secretary on matters pertaining to energy
utilization. Its primary functions are:
(a)
Recommend policies and/or programs for effective energy utilization;
(b) Advise the
regional offices in the implementation of the above policies and/or
programs;
(c) Develop
plans, programs, operating standards and administrative measures to
promote the bureau’s objectives and functions;
(d) Assist in
the monitoring and evaluation of energy resources utilization to ensure
efficiency and effectiveness;
(e) Perform
other functions as may be assigned by the Secretary,
Sec. 18.C Energy Development Bureau. — The Energy
Development Bureau is hereby transferred. The Energy Development
Bureau, to be headed by a Director and assisted by an Assistant
Director shall advise the Secretary on matters pertaining to energy
development. Its primary functions are:
(a)
Recommend policies and/or programs for effective energy development;
(b) Advise the
regional offices in the implementation of the above policies and/or
programs;
(c) Develop
plans, programs, operating standards and administrative measures to
promote the bureau’s objectives and functions;
(d) Assist in
the monitoring and evaluation of energy resources utilization to ensure
efficiency and effectiveness;
(e) Perform
other functions as may be assigned by the Secretary;
Sec. 19. Attached and Administratively-Supervised
Agencies of the Ministry. — The following government
agencies/corporations are hereby attached to the Department.
(a) National Mapping and Resource Information
Authority. — The Natural Resources Management Center (NRMC), National
Cartography Authority (NCA), the Bureau of Coast and Geodetic Survey
(BCGS), and the Land Classification. Teams based at the then Bureau of
Forest Development, are hereby integrated and merged into a single
agency to be called National Mapping and Resource Information Authority
in accordance with Sec. 24 (e) hereof, which shall provide the
Ministry and the government with map-making services. The authority
shall act as the central mapping agency which will serve the needs of
the line agencies of the Ministry and other government offices with
regard to information and researches, and shall expand its capability
in the production and maintenance of maps, charts and similar
photogrammetry and cartography materials.
The Authority shall be responsible for conducting research on remote
sensing technologies such as satellite imagery analysis, airborne
multi-spectral scanning systems, and side-looking airborned radar;
provide remote sensing services and vital data on the environment,
water resources, agriculture, and other information needed by other
government agencies and the private sector; integrate all techniques of
producing maps from the ground surveys to various combinations or
remote sensing techniques in a cost-effective and acceptable manner;
and the integration of geographic and related information to facilitate
access to and analysis of data and its transformation into useful
information for resource policy formulation, planning and management.
It shall be the central depository and distribution facility for
natural resources data in the form of maps, statistics, text, charts,
etc. store on paper, film or computer compatible media and shall
operate information services and networks to facilitate transfer,
sharing, access and dissemination of natural resource information in
all regions and provinces of the country.
(b) Manila Seedling Bank Foundation, Inc. — It shall
continue to serve the government and private sectors involved in all
kinds of tree planting activities by providing them with healthy tree
seedlings and planting materials by operating seedling nurseries and
seed orchards. It shall also accept tree planting contracts from both
government and private sectors in the establishment of agro-forest
farms and tree plantations, and pilot-test innovative packages of
nursery and plantation development technologies that can be adopted
locally and internationally.
(c) Natural Resources Development Corporation. — The
Natural Resources Development Corporation (NRDC), the National
Development Corporation Plantation Inc. (NDCPI), National Coal
Authority are integrated and hereby merged into the Natural Resources
Development Corporation in accordance with Sec. 24 (e) hereof and
shall be under the direct supervision of the Minister. It shall be
charged primarily with promoting natural resource development and
conservation through:
1.
Direct involvement in pioneering but potentially viable production,
use, and marketing ventures or projects using new/innovative
technologies, systems, and strategies such as but not limited to
stumpage sales system, industrial forest plantation or logging
operations, rattan tissue culture; provided, however, that no such
activities which compete with the private sector shall be undertaken;
2. Regulation
and supervision of the processing of forest products, grading and
inspection of lumber and other processed products, and monitoring of
the movement of timber and other forest products.
(d) The National Electrification Administration. — It
shall continue to operate as a principal implementing arm of the
Ministry in aspects and components of energy policies, programs, and
plans which can not be carried out by the private sector.
Sec. 20. Field Offices of the Ministry. — The
field offices of the Ministry are the Environment, Energy and Natural
Resources Regional Offices in the thirteen (13) administrative regions
of the Country, the Environment Energy and Natural Resources Provincial
Office in every province and the Community Office in every municipality
whenever feasible. The regional offices of the Bureau of Forest
Development, Bureau of Mines and Geo-Sciences and Bureau of Lands in
each of the thirteen (13) administrative regions are hereby integrated
and consolidated into the Ministry-wide Regional Environment, Energy
and Natural Resources Office of the Ministry, in accordance with
Sec. 24(e) hereof and shall be directly under the supervision and
control of the Deputy Minister for Field Operations. A Regional Office
shall be headed by a Regional Director and shall be assisted by four
(4) Assistant Regional Directors for Forestry, Lands Management, Mines
and Aquatic Resources, respectively, where applicable, and who shall be
Career Executive Service Officers.
Sec. 21. Functions of the Energy, Environment and
Natural Resources Regional Office. — The Environment, Energy and
Natural Resources Regional Office shall have, within its administrative
region, the following functions:
(a)
Implement laws, policies, plans, programs, projects, rules and
regulations of the Ministry;
(b) Provide
efficient and effective delivery of services to the people;
(c) Coordinate
with regional offices of other ministries, offices, agencies in the
region;
(d) Coordinate
with local government units;
(e) Recommend
and, upon approval, implement programs and projects on forestry,
aquatic, minerals, and land management and disposition;
(f) Conduct
comprehensive inventory of natural resources in the region and
formulate regional short-and long-term development plans for the
conservation, utilization and replacement of natural resources;
(g) Evolve
respective regional budget in conformity with the priorities
established by the Regional Development Councils;
(h) Supervise
the processing of natural resources products, grade and inspect
minerals, lumber and other wood processed products, and monitor the
movement of these products;
(i) Perform
other functions as may be provided by law.
Major natural resources related programs and projects undertaken by
other agencies or in joint undertaking with the then Bureau of Forest
Development are hereby absorbed by the Ministry-wide Environment,
Energy and Natural Resources Regional offices, in accordance with
Sec. 24 (b) or (c), as the case may be, such as: Calauit Game
Preserve and Wildlife Sanctuary, Presidential Committee on the
Conservation of Tamaraw, Ninoy Aquino Parks and Wildlife Center
(formerly Parks and Wildlife Nature Center), shares in Kabuhayan
Program and Agro Forestry State Projects of the KKK Processing
Authority, all national parks, wildlife sanctuaries and game preserves
previously managed and administered by the Ministry of Human
Settlements including National Parks Reservation situated in the
provinces of Bulacan, Rizal, Laguna and Quezon formerly declared as
Bagong Lipunan Sites of said Ministry, Magat Forest Reservation and Mt.
Arayat National Park, formerly with the Ministry of Tourism.
The natural resources provincial and community offices shall absorb,
respectively, the functions of the district offices of the bureaus,
which are hereby abolished in accordance with Sec. 24 (b) hereof.
The provincial and community natural resource office shall be headed by
a provincial natural resource officer and community natural resource
officer, respectively.
Sec. 22. Transfers. — The following government
corporate offices are hereby transferred from the abolished Ministry of
Energy and be placed under the direct supervision and control of the
Office of the President.
(a)
The Philippine National Oil Company;
(b) The
National Power Corporation;
Sec. 23. Special Provisions. — All executive
issuances or fiats (Presidential Decrees, Executive Orders, Letters of
Instructions, Proclamations), and other issuances, contracts,
concessions permits or other forms of privilege for the exploration,
exploitation, development or utilization of natural resources issued to
a certain person and/or entity beyond the constitutional limit during
the last ten (10) years are hereby revoked and such lands are hereby
reverted to the public domain. Such issuances shall, henceforth be
subjected to a review by the Minister to determine the most appropriate
and beneficial land uses, and issue the necessary orders or directives
pertaining thereto.
Sec. 24. Transitory Provisions. — In accomplishing
the acts of reorganization herein prescribed, the following transitory
provisions shall be complied with, unless otherwise provided elsewhere
in this Executive Order:
(a)
The transfer of a government unit shall include the functions,
appropriation, funds, records, equipment, facilities, choses in action,
rights, other assets, and liabilities, if any, of the transferred unit
as well as the personnel thereof, as may be necessary, who shall, in a
hold-over capacity, continue to perform respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime are separated from government service pursuant
to Executive Order No. 17 (1986) or Article III of the Freedom
Constitution. Those personnel from the transferred unit whose positions
are not included in the Ministry’s new position structure and staffing
pattern approved and prescribed by the Minister or who are not
reappointed shall be deemed separated from the service and shall be
entitled to the benefits provided in the second paragraph of Sec. 25
hereof.
(b) The
transfer of functions which results in the abolition of the government
unit that exercised them shall include the appropriations, funds,
records, equipment, facilities, choses in action, rights, other assets
and personnel as may be necessary to the proper discharge of the
transferred functions. The abolished unit’s remaining appropriations
and funds if any, shall revert to the General Fund and its remaining
assets, if any, shall be allocated to such appropriate units as the
Minister shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. Its liabilities, if any shall likewise be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. Its personnel shall, in a hold-over capacity,
continue to perform their duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Its personnel whose positions
are not included in the Ministry’s structure and staffing pattern
approved and prescribed by the Minister under Sec. 25 hereof or who
is not reappointed, shall be deemed separated from the service and
shall be entitled to the benefits provided in the second paragraph of
the same Sec. 25.
(c) Any
transfer of functions which does not result in the abolition of the
government unit that has exercised them shall include the
appropriations, funds, records, equipment, facilities, choses in
action, rights, and assets and personnel as may be necessary to the
proper discharge of the transferred functions. The liabilities, if any,
that may have been incurred in connection with the discharge of the
transferred functions, shall be treated in accordance with the
Government Auditing Code and other pertinent laws, rules and
regulations. Such personnel shall, in a hold-over capacity, continue
top perform their duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are
separated from the service pursuant to Executive Order No. 17 (1986) or
Article III of the Freedom Constitution. Any personnel, whose position
is not included in the Ministry’s new position structure and staffing
pattern approved and prescribed by the Minister under Sec. 25 hereof
or who is not reappointed, shall be deemed separated from the service
and shall be entitled to the benefits provided in the second paragraph
of the same Sec. 25.
(d) In case of
the abolition of the government unit which does not result in the
transfer of its functions another unit, the appropriations and funds of
the abolished entity shall revert to the General Fund, while the
records, equipment, facilities, choses in action, rights, and other
assets thereof shall be allocated such appropriate entities as the
Minister shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. The liabilities of the abolished units shall be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations, while the personnel thereof, whose position, is
not included in the Ministry’s new position structure and staffing
pattern approved and prescribed by the Minister under Sec. 25 hereof
or who has not been reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second
paragraph of the same Sec. 25.
(e) In case of
merger or consolidation of government units, the new or surviving unit
shall exercise the functions (subject to the reorganization herein
prescribed and the laws, rules and regulations pertinent to the
exercise of such functions), and shall acquire the appropriations,
funds, records, equipment, facilities, choses in action, rights, other
assets, liabilities, if any, and personnel, as may be necessary, of the
units that compose the merged unit shall, in a hold-over capacity
continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits unless in the meantime
they are separated from the service pursuant to Executive Order No. 17
(1986) or Article III of the Freedom Constitution. Any such personnel,
whose position is not included in the Ministry’s new position structure
and staffing pattern approved and prescribed by the Minister under
Sec. 25 hereof or who are not reappointed, shall be deemed separated
from the service and shall be entitled to the benefits provided in the
second paragraph of the same Sec. 25.
(f) In case of
termination of a function which does not result in the abolition of the
government unit which perform such function, the appropriations and
funds intended to finance the discharge of such function shall revert
to the General Fund while the records, equipment, facilities, choses in
action, rights and other assets used in connection with the discharge
of such function shall be allocated to the appropriate units as the
Ministry shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and
regulations. The liabilities, if any, that may have been incurred in
connection with the discharge of such function shall likewise be
treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. The personnel who have performed
such function, whose positions are not included in the Ministry’s new
position structure and staffing pattern approved and prescribe by the
Minister under Sec. 25 hereof or who have not been re-appointed,
shall be deemed separated from the service and shall be entitled to the
benefits provided in the second paragraph of the same Sec. 25 hereof.
Sec. 25. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Ministry shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to Executive Order No. 17 (1986) or Article
III of the Freedom Constitution.
The new position structure and staffing pattern of the Ministry shall
be approved and prescribed by the Minister within one hundred and
twenty (120) days from the publication of this Executive Order and the
authorized positions created thereunder shall be filled with regular
appointments by him or by the President as the case may be. Those
incumbents whose positions are not included therein or who are not
reappointed shall be deemed separated from the service. Those separated
from the service shall receive the retirement benefits to which they
may be entitled under existing laws, rules and regulations. Otherwise,
they shall be paid the equivalent of one (1) month basic salary for
every year of service in the government, or a fraction thereof,
computed on the basis of the highest salary received, but in no case
shall payment exceed the equivalent of twelve (12) months salary.
No court or administrative body shall issue any writ or preliminary
injunction or restraining order to enjoin the separation/replacement of
any officer or employee effected under this Executive Order.
Sec. 26. Periodic Performance Evaluation. — The
Ministry of is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance
of the Ministry and submit the same annually to the President.
Sec. 27. Notice or consent Requirement. — If any
reorganizational change herein authorized is of such substance of
materiality as to prejudice third persons with rights recognized by law
or contract such that notice to or consent of creditors is required to
be made or obtained pursuant to any agreement entered into with any of
such creditors, such notice or consent requirement shall be complied
with prior to the implementation of such reorganizational change.
Sec. 28. Change of Nomenclatures. — In the event
of the adoption of a new Constitution which provides for a Presidential
form of government, the Ministry shall be called Department of Natural
Resources and the titles of Minister, Deputy Minister, and Assistant
Minister shall be changed to Secretary Undersecretary and Assistant
Secretary, respectively.
Sec. 29. Prohibition Against Structural Changes. —
No change in the reorganization herein prescribed shall be valid except
upon prior approval of the President for the purpose of promoting
efficiency and effectiveness in the delivery of public services.
Sec. 30. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Ministry.
Sec. 31. Implementing Authority of the Minister. —
The Minister shall issue such orders, rules and regulations and other
issuances as may be necessary to ensure the effective implementation of
the provisions of this Executive Order.
Sec. 32. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereof as
long as such remaining portions or provisions can still subsist and be
given effect in their entirety.
Sec. 33. Repealing Clause. — All laws, ordinances,
rules, regulations and other issuances or parts thereof, which are
inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
Sec. 34. Effectivity. — This Executive order shall
take effect immediately upon its approval.
APPROVED in the City of Manila,
Philippines, this 30th day of January, in the year of Our Lord,
nineteen hundred and eight-seven.
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Since 19.07.98.