EXECUTIVE ORDER NO. 192
EXECUTIVE ORDER NO. 192 - PROVIDING
FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY AND
NATURAL RESOURCES; RENAMING IT AS THE DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES AND FOR OTHER PURPOSES
WHEREAS,
Executive Order No. 131, dated January 30, 1987, was suspended;
WHEREAS, a policy having been reached on energy, the reorganization of
the Department of Natural Resources can now be effected;
WHEREAS, the environment will be effected by the use, development,
management, renewal and conservation of the country’s natural
resources;
WHEREAS, there is a need to protect and enhance the quality of the
country’s environment;
WHEREAS, to attain this objective, environmental concerns and natural
resources concern should be given equal attention by the
Department;
WHEREAS, under Article XVIII, Sec. 6, of the 1987 Constitution, the
President shall continue to exercise legislative powers until the First
Congress is convened;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:
Section 1. Title. — This Executive Order shall
otherwise be known as the Reorganization Act of the Department of
Environment and Natural Resources.
Sec. 2. Reorganization. — The Department of
Environment, Energy and Natural Resources is hereby reorganized
structurally and functionally and renamed as the Department of
Environment and Natural Resources, hereinafter referred to as
Department, in accordance with the provisions of this Executive Order.
Sec. 3. Declaration of Policy. — It is hereby
declared the policy of the State to ensure the sustainable use,
development, management, renewal, and conservation of the country’s
forest, mineral, land, off-shore areas 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 a true value system including social and environmental cost
implications relative to their utilization, development and
conservation of our natural resources.
Sec. 4. Mandate. — The Department shall be the
primary government agency responsible for the conservation, management,
development and proper use of the country’s environment and natural
resources, specifically forest and grazing lands, mineral resources,
including those in reservation and watershed areas, and lands of the
public domain, as well as the licensing and regulation of all 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 Department 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 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, and land resources of a growing population;
(c) Enhance
the contribution of 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 Department shall have the following powers and functions:
(a)
Advise the President on the enactment of laws relative to the
development, use, regulation, and conservation of the country’s natural
resources and the control of pollution;
(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 natural resources;
(c) 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;
(d) Exercise
supervision and control over forest lands, alienable and disposable
lands, and mineral resources and in the process of exercising such
control the Department shall impose appropriate payments, fees, charges
rentals and any such form of levy and collect such revenues for the
exploration, development, utilization or gathering of such revenues;
(e) Undertake
exploration, assessment, classification and inventory of the country’s
natural resources using ground surveys, remote sensing and
complementary technologies;
(f) Promote
proper and mutual consultation with the private sector involving
natural resources development, use and conservation;
(g) Undertake
geological surveys of the whole country including its territorial
waters;
(h) 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, 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; and
(6)
Encouragement of greater people participation and private initiative
resource management.
(i)
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; and
(3) Expedite
mineral resources surveys, promote the production of metallic and
non-metallic minerals and encourage mineral marketing.
(j)
Regulate the development, disposition, extraction, exploration and use
of the country’s forest, land and mineral resources;
(k) Assume
responsibility for the assessment, development, protection,
conservation, licensing and regulation as provided for by law, where
applicable, of all natural resources; the regulation and monitoring of
service contractors, licensees, lessees, and permittees for the
extraction, exploration, development and utilization of natural
resource 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 natural resources laws, rules and regulations;
(l) Promulgate
rules, regulations and guidelines on the issuance of co-production,
joint venture or production sharing agreements, licenses, permits,
concessions, leases and such other privileges and arrangement
concerning the development, exploration and utilization of the
country’s natural resources and shall continue to oversee, supervise
and police our natural resources; to cancel or cause to cancel such
privileges and arrangements 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 interests:
(m) Exercise
exclusive jurisdiction on the management and disposition of all lands
of the public domain and shall continue to be the sole agency
responsible for classification, sub-classification, surveying and
titling of lands in consultation with appropriate agencies.
(n) Implement
measures for the regulation and supervision of the processing of forest
products, grading and inspection of lumber and other forest products
and monitoring of the movement of timber and other forest products;
(o) Promulgate
rules and regulations for the control of water, air and land pollution;
(p) Promulgate
ambient and effluent standards for water and air quality including the
allowable levels of other pollutants and radiations;
(q) Promulgate
policies, rules and regulations for the conservation of the country’s
genetic resources and biological diversity, and endangered habitats;
(r) Formulate
an integrated, multi-sectoral, and multi-disciplinary National
Conservation Strategy, which will be presented to the Cabinet for the
President’s approval;
(s) 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 Department
shall consist of the Department Proper, the staff offices, the staff
bureaus and the regional/provincial/community natural resources offices.
The Department Proper shall consist of the following:
(a)
Office of the Secretary
(b) Offices of
Undersecretaries
(c) Offices of
Assistant Secretaries
(d) Public
Affairs Office
(e) Special
Concerns Office
(f) Pollution
Adjudication Board
The staff sectoral bureaus on the other hand, shall be composed of:
(a)
Forest Management Bureau
(b) Lands
Management Bureau
(c) Mines and
Geo-Sciences Bureau
(d)
Environmental Management Bureau
(e) Ecosystems
Research and Development Bureau
(f) Protected
Areas and Wildlife Bureau
The field offices shall consist of all the department regional offices,
the provincial offices and the community offices.
Sec. 7. Secretary of Environment and Natural
Resources. — The authority and responsibility for the exercise of the
mandate of the Department, the accomplishment of its objectives and the
discharge of its powers and functions shall be vested in the Secretary
of Environment and Natural Resources, hereinafter referred to as
Secretary, who shall supervise the Department and shall be appointed by
the President. For such purposes, the Secretary shall have the
following functions:
(a)
Advise the President on the promulgation of rules and 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 Department in accordance with the programs of the government;
(c) Promulgate
rules, regulations and other issuances necessary in carrying out the
Department’s mandate, objectives, policies, plans, programs and
projects;
(d) Exercise
supervision over all functions and activities of the Department;
(e) Delegate
authority for the performance of any administrative or substantive
function to subordinate officials of the Department;
(f) Perform
other functions as may be provided by law or assigned appropriately by
the President.
Sec. 8. Office of the Secretary. — The Office of
the Secretary shall consist of the Secretary and his immediate staff.
Sec. 9. Undersecretary. — The Secretary shall be
assisted by five (5) Undersecretaries who shall be appointed by the
President upon the recommendation of the Secretary. The Secretary is
hereby authorized to delineate, assign and/or reassign the respective
functional areas of responsibility of the Undersecretary, provided,
that such responsibility shall be with respect to the mandate and
objectives of the Department; and provided, further, that no
Undersecretary shall be assigned primarily administrative
responsibilities. Within his functional area of responsibility, an
Undersecretary shall have the following functions:
(a)
Advise the Secretary in the promulgation of Department orders,
administrative orders and other issuances, with respect to his area of
responsibility;
(b) Exercise
supervision over the offices, services, operating units and officers
and employees under his responsibility
(c) Promulgate
rules and regulations, consistent with Department 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 Undersecretaries;
(e) Exercise
authority on substantive and administrative matters related to the
functions and activities of units under his responsibility as may be
delegated by the Secretary;
(f) Perform
other functions as may be provided by law or assigned appropriately by
the Secretary.
Sec. 10. Assistant Secretary. — The Secretary and
the Undersecretaries shall be assisted by seven (7) Assistant
Secretaries, in the formulation, management and implementation of
natural resources laws, policies, plans, and programs and projects.
They shall oversee the day-to-day operations, administration and
supervision of the constituents of the Department. The seven (7)
Assistant Secretaries shall be responsible for the following:
(a)
Policy and Planning Studies
(b)
Foreign-Assisted and Special Projects
(c) Field
Operations in Luzon
(d) Field
Operations in Visayas
(e) Field
Operations in Mindanao
(f) Legal
Affairs
(g) Management
Services
Sec. 11. Public Affairs Office. — There is hereby
created a Public Affairs Office, under the Office of the Secretary, to
be headed by a Director and assisted by an Assistant Director, which
shall serve as the public information arm of the Department. It shall
be responsible for disseminating information on natural resources
development policies, plans, programs and projects; and respond to
public queries related to the development and conservation of natural
resources.
The Public Affairs Offices of all bureaus are hereby abolished and
their functions are transferred to the Public Affairs Office accordance
with Sec. 24 (b) hereof.
Sec. 12. Special Concerns Office. — There is
hereby created a special Concerns Office under the Office of the
Secretary, to be headed by a Director and assisted by an Assistant
Director, which shall be responsible for handling priority
areas/subjects identified by the Secretary which necessitates special
and immediate attention.
Sec. 13. Forest Management Bureau. — There is
hereby created a Forest Management Bureau which shall integrate and
absorb the powers and functions of the Bureau of Forest Development
(BFD) and the Wood Industry Development Authority (WIDA), in accordance
with Sec. 24(e) hereof except those line functions and powers which
are transferred to the regional field office. The Forest Management
Bureau, to be headed by a Director and assisted by an Assistant
Director shall advise the Secretary on matters pertaining to forest
development a conservation and shall have the following functions, but
not limited to:
(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, 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) Undertake
studies on the economics of forestry and forest-based industries,
including supply and demand trends on the local, national and
international levels, identifying investment problems and
opportunities, in various areas.
(f) Perform
other functions as may be assigned by the Secretary and/or provided by
law.
Sec. 14. Lands Management Bureau. — There is
hereby created the Lands Management Bureau which shall absorb functions
and powers of the Bureau of Lands except those line functions and
powers which are transferred to the regional field office. The Lands
Management Bureau to be headed by a Director and assisted by an
Assistant Director shall advise the Secretary on matters pertaining to
rational land classification management and disposition and shall have
the following functions, but not limited to:
(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; such as reclaimed areas
and other areas not needed for or are not being utilized for the
purposes for which they have been established;
(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) Issue
standards, guidelines, regulations and orders to enforce policies for
the maximization of land use and development;
(e) Develop
operating standards and procedures to enhance the Bureau’s objectives
and functions;
(f) Assist the
Secretary as Executive Officer charged with carrying out the provisions
of the Public Land Act (C.A. 141, as amended), who shall have direct
executive control of the survey, classification, lease, sale or any
other forms of concessions or disposition and management of the lands
of the public domain;
(g) Perform
other functions as may be assigned by the Secretary and/or provided by
law.
Sec. 15. 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 (BMGS), Mineral
Reservations Development Board (MRDB) and the Gold Mining Industry
Development Board (GMIDB) all of which are hereby merged in accordance
with Sec. 24 hereof except those line functions and powers which are
transferred to the regional field office. The Mines and Geo-Sciences
Bureau, to be headed by a Director and assisted by an Assistant
Director shall advise the Secretary on matters pertaining to geology
and mineral resources exploration, development and conservation and
shall have the following functions, but not limited to:
(a)
Recommend policies regulations and programs pertaining to mineral
resources development and geology;
(b) Recommend
policies, regulations and oversee the development and exploitation of
mineral resources of the sea within the country’s jurisdiction such as
silica sand, gold placer, magnetite and chromite sand, etc.
(c) Advise the
Secretary on the granting of mining rights and contracts over areas
containing metallic and non-metallic mineral resources;
(d) Advise the
Regional Offices on the effective implementation of mineral development
and conservation programs as well as geological surveys;
(e) Assist in
the monitoring and evaluation of the Bureau’s programs and projects to
ensure efficiency and effectiveness thereof;
(f) Develop
and promulgate standards and operating procedures on mineral resources
development and geology;
(g) Supervise
and control the development and packaging of nationally applicable
technologies on geological survey, mineral resource assessment, mining
and metallurgy; the provision of geological, metallurgical, chemical
and rock mechanics laboratory services; the conduct of marine
geological and geophysical survey and natural exploration drilling
programs;
(h) Perform
other functions as may be assigned by the Secretary and/or provided by
law.
Sec. 16. Environmental Management Bureau. — There
is hereby created an Environmental Management Bureau. The National
Environmental Protection Council (NEPC), the National Pollution Control
Commission (NPCC) and the Environmental Center of the Philippines
(ECP), are hereby abolished and their powers and functions are hereby
integrated into the Environmental Management Bureau in accordance with
Sec. 24 (c) hereof, subject to Section 19 hereof. The Environmental
Management Bureau shall be headed by a Director and assisted by an
Assistant Director who shall advise the Secretary on matters relating
to environmental management, conservation, and pollution control. The
Environmental Management Bureau shall have the following functions:
(a)
Recommend possible legislations, policies and programs for
environmental management and pollution control;
(b) Advise the
Regional Offices in the efficient and effective implementation of
policies, programs, and projects for the effective and efficient
environmental management and pollution control;
(c) Formulate
environmental quality standards such as the quality standards for
water, air, land, noise and radiations;
(d) Recommend
rules and regulations for environmental impact assessments and provide
technical assistance for their implementation and monitoring;
(e) Formulate
rules and regulations for the proper disposition of solid wastes, toxic
and hazardous substances;
(f) Advise the
Secretary on the legal aspects of environmental management and
pollution control and assist in the conduct of public hearings in
pollution cases;
(g) Provide
secretariat assistance to the Pollution Adjudication Board, created
under Section 19 hereof;
(h) Coordinate
the inter-agency committees that may be created for the preparation of
the State of the Philippine Environment Report and the National
Conservation Strategy;
(i) Provide
assistance to the Regional Offices in the formulation and dissemination
of information on environmental and pollution matters to the general
public;
(j) Assist the
Secretary and the Regional Officers by providing technical assistance
in the implementation of environmental and pollution laws:
(k) Provide
scientific assistance to the Regional Offices in the conduct of
environmental research programs.
Sec. 17. Ecosystems Research and Development
Bureau. — The Forest Research Institute and the National Mangrove
Committee are hereby abolished and integrated into the Ecosystems
Research and Development Bureau in accordance with Sec. 24 (e)
hereof. The Ecosystems Research and Development Bureau shall be headed
by a Director and assisted by an Assistant Director. The Bureau shall
have the following functions:
(a)
Formulate and recommend an integrated research program relating to
Philippine ecosystems and natural resources such as minerals, lands,
forests, as holistic and interdisciplinary fields of inquiry;
(b) Assist the
Secretary in determining a system of priorities for the allocation of
resources to various technological research programs of the department;
(c) Provide
technical assistance in the implementation and monitoring of the
aforementioned research programs;
(d) Generate
technologies and provide scientific assistance in the research and
Development of technologies relevant to the sustainable uses of
Philippine ecosystems and natural resources;
(e) Assist the
Secretary in the evaluation of the effectiveness of the implementation
of the integrated research program.
The
Ecosystems Research and Development Bureau shall directly manage and
administer the FORI Research Offices, laboratories, and forest
experiment stations located at UP Los Baños and such other field
laboratories as the Secretary may assign to its direct supervision. The
Bureau shall coordinate all technological researches undertaken by the
field offices, assess and translate all recommendable findings and
disseminate such findings for all possible users and clientele.
Sec. 18. Protected Areas and Wildlife Bureau. —
There is hereby created a Protected Areas and Wildlife Bureau which
shall absorb the Division of Parks and Wildlife and the Marine Parks
Program of the Bureau of Forest Development as well 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 in
accordance with Sec. 24 (c) hereof. The Protected Areas and Wildlife
Bureau shall be headed by a Director and assisted by an Assistant
Director. The Bureaus shall have the following functions:
(a)
Formulate and recommend policies, guidelines, rules and regulations for
the establishment and management of an Integrated Protected Areas
Systems such as national parks, wildlife sanctuaries and refuge, marine
parks, and biospheric reserves;
(b) Formulate
and recommend policies, guidelines, rules and regulations for the
preservation of biological diversity, genetic resources, the endangered
Philippine flora and fauna;
(c) Prepare an
up-to-date listing of endangered Philippine flora and fauna and
recommend a program of conservation and propagation of the same;
(d) Assist the
Secretary in the monitoring and assessment of the management of the
Integrated Protected Areas System and provide technical assistance to
the regional Offices in the implementation of programs for these areas;
(e) Perform
other functions as may be assigned by the Secretary and/or provided by
law.
Sec. 19. Pollution Adjudication Board. — There is
hereby created a Pollution Adjudication Board under the Office of the
Secretary. The Board shall be composed of the Secretary as Chairman,
two (2) Undersecretaries as may be designated by the Secretary, the
Director of Environmental Management, and three (3) others to be
designated by the Secretary as members. The Board shall assume the
powers and functions of the Commission/Commissioners of the National
Pollution Control Commission with respect to the adjudication of
pollution cases under Republic Act 3931 and Presidential Decree 984,
particularly with respect to Sec. 6 letters e, f, g, j, k, and p of
P.D. 984. The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions may be delegated
to the regional officers of the Department in accordance with rules and
regulations to be promulgated by the Board.
Sec. 20. Field Offices of the Department. — The
field offices of the Department are the Environment and Natural
Resources Regional Offices in the thirteen (13) administrative regions
of the country, the Environment and Natural Resources Provincial Office
in every province and the Community Office in municipalities wherever
deemed necessary. The regional offices of the Bureau of Forest
Development, Bureau of Mines & Geo-Sciences and Bureau of Lands in
each of the thirteen (13) administrative regions and the research
centers of the Forest Research Institute are hereby integrated into the
Department-wide Regional Environment and Natural Resources Office of
the Department, in accordance with Sec. 24 (e) hereof. A Regional
Office shall be headed by a Regional Executive Director (with the Rank
of Regional Director) and shall be assisted by five (5) Regional
Technical Directors (with the Rank of Assistant Regional Director) each
for Forestry, Land Management, Mines and Geo-Sciences, Environmental
Management and Ecosystems Research. The Regional Executive Directors
and Regional Technical Directors shall be Career Executive Service
Officers.
Sec. 21. Functions of Environment and Natural
Resources Regional Office. — Environment and Natural Resources Regional
Offices shall be located in the identified regional capitals and shall
have the following functions, but not limited to:
(a)
Implement laws, policies, plans, programs, projects, rules and
regulations of the Department to promote the sustainability and
productivity of natural resources, social equity in natural resource
utilization and environmental protection.
(b) Provide
efficient and effective delivery of services to the people;
(c) Coordinate
with regional offices of other departments, offices, agencies in the
region and local government units in the enforcement of natural
resource conservation laws and regulations, and in the
formulation/implementation of natural resources programs and projects;
(e) Recommend
and, upon approval, implement programs and projects on forestry,
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) Conduct
field researches for appropriate technologies recommended for various
projects;
(j) Perform
other functions as may be assigned by the Secretary and/or provided by
law.
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. Attached Agencies and Corporations. — The
following agencies and corporations are attached to the Department:
(a)
National Mapping and Resource Information Authority. — There is hereby
created the National Mapping and Resource Information Authority
(NAMRIA) which shall integrate the functions and powers of 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, in
accordance with Sec. 24(e)hereof, which shall provide the Department
and the government with map-making services. The authority shall act as
the central mapping agency which will serve the needs of the line
services of the Department 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 airborne 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 of 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; establishment of a nationwide geodetic network of control
points that serves as a common reference system for all surveys in the
country and conduct hydrographic and coastal surveys to produce the
hydrographic and nautical charts vital to sea and water travel as well
as the exploitation of our marine resources; formulate and implement
nationwide development program on aerial photography, cartography and
remote sensing mapping activities; establish and implement technical
standards and quality specifications on map production and its
reproduction; and provide photogrammetry, cartographic and remote
sensing mapping services in order to accelerate the development of a
comprehensive data bank and information systems on base maps and charts.
The NAMRIA shall be provided
with policy directions by a five (5) member Board of Governors
consisting of key officers with no less than the rank of
undersecretaries as follows:
Department
of Environment
& Natural Resources —
chairman
Department of Agriculture — member
Department of Public
Works &
Highways
— member
Department of National
Defense
— member
Department of Transportation
& Communications
— member
The
operations and management of NAMRIA shall be vested in an Administrator
who shall be assisted by three (3) Deputy Administrators. The
Administrator shall sit in the Board as its secretary.
(b) Natural
Resources Development Corporation. — The existing Natural Resources
Development Corporation (NRDC), shall be reorganized under the direct
supervision of the Secretary. It shall be responsible primarily for
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 plantations or logging
operations, rattan tissue culture; provided, however, that activities
which compete with the private sector shall be avoided except in
specific cases where the revenue of NRDC are earmarked for specific
local developmental of social service.
(2) Financing
natural resource development projects undertaken by the private sector
such as establishing industrial tree plantations, agro-forestry, small
scale mining and retooling of the natural resource-based processing
industries to improve their efficiency and competitiveness to discharge
these functions effectively, it is hereby authorized to generate funds
through debt instruments from various sources, and innovative income
generating strategies.
The NRDC shall promote the
enhancement of forest renewal rate through intensified Industrial Tree
Plantation promotion including the provision of incidental services
such as extension of assistance on equity/capital, credit
line/facilities, marketing and management.
(c)
The National Electrification Administration. — The National
Electrification Administration (NEA) which is also attached to the
Department shall be reorganized in order that it can effectively and
efficiently act and operate as the principal implementing arm of the
Department in matters of energy farming and aspects and components of
energy policies, programs and plans which can not be carried out by the
private sector. The plans and programs of NEA shall be carried out in
conformity with policies defined by appropriate energy authorities.
Sec. 23. Detachment and Transfers. — The following
offices and corporation attached to the Department of Environment,
Energy and Natural Resources by E.O. 131 are hereby detached and/or
transferred as follows;
(a)
Manila Seedling Bank Foundation, Inc. is administratively detached from
the Department.
(b) Bureau of
Energy Utilization, and
(c) Bureau of
Energy Development are transferred to the appropriate energy governing
body pursuant to the Executive Order pertaining to it.
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,
appropriations, funds, records, equipment, facilities, chosen 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 their
respective duties and responsibilities and receive the corresponding
salaries and benefits. Those personnel from the transferred unit whose
positions are not included in the Department’s new position structure
and staffing pattern approved and prescribed by the Secretary 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, chosen 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
Secretary 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. Its personnel whose positions are
not included in the Department’s structure and staffing pattern
approved and prescribed by the Secretary 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. 26.
(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, chosen 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 to
perform their duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
the service. Any personnel, whose positions are not included in the
Department’s new position structure and staffing pattern approved and
prescribed by the Secretary 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 to another unit, the appropriations and funds
of the abolished entity shall revert to the General Fund, while the
records, equipment, facilities, chosen in action, rights, and other
assets thereof shall be allocated to such appropriate entities as the
Secretary 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 Department’s new position structure and staffing
pattern approved and prescribed by the Secretary 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, chosen 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. Any such personnel, whose
positions are not included in the Department’s new position structure
and staffing pattern approved and prescribed by the Secretary 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 performed 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, chosen in
action, rights and other assets used in connection with the discharged
of such function shall be allocated to the appropriate units as the
Department 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 Department’s new
position structure and staffing pattern approved and prescribed by the
Secretary under Sec. 25 hereof or who have 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 section 25 hereof.
Sec. 25. New Structure and Pattern. — Upon
approval of this Executive Order, the officers and employees of the
Department 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.
The new position structure and staffing pattern of the Department shall
be approved and prescribed by the Secretary within sixty (60) days from
the effectivity 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 such shall payment exceed the
equivalent of twelve (12) months salary.
Sec. 26. Periodic Performance Evaluation. — The
Department of Environment and Natural Resources is hereby required to
formulate and enforce a system of measuring and evaluating periodically
and objectively the performance of the Department and submit the same
annually to the President.
Sec. 27. Notice or Consent Requirement. — If any
reorganizational change herein authorized is of such substance or
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. 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. 29. Funding. — Funds needed to carry out the
provisions of this Executive Order shall be taken from funds available
in the Department.
Sec. 30. Implementing Authority of the Secretary.
— The Secretary 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. 31. 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. 32. 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. 33. Effectivity. — This Executive Order shall
take effect immediately.
APPROVED in the City of Manila,
Philippines, this 10th day of June, in the Year of Our Lord, nineteen
hundred and eighty-seven.
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Since 19.07.98.