ChanRobles Virtual law Library
PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Home > Chan Robles Virtual Law Library > Philippine Laws, Statutes & Codes > :
Search for
www.chanrobles.com
:
EXECUTIVE ORDERS
PLEASE CLICK HERE FOR THE LATEST ➔ PHILIPPINE LAWS, STATUTES & CODES
EXECUTIVE ORDER NO. 153 -
AUTHORIZING THE UTILIZATION OF OFFSHORE AREAS NOT COVERED BY APPROVED
MINING PERMITS AND CONTRACTS AS SOURCES OF DREDGEFILL MATERIALS FOR
GOVERNMENT RECLAMATION PROJECTS AND FOR OTHER PURPOSES
WHEREAS,
the 1987 Constitution provides that all lands of the public domain,
waters, minerals, coal, petroleum and other natural resources are owned
by the State and that the exploration, development and utilization of
natural resources shall be under the full control and supervision of
the State;
WHEREAS, Sec. 4 of Republic Act (R.A.) No. 7942, otherwise known as
the Philippine Mining Act of 1995, provides that mineral resources are
owned by the State; that the exploration, development, utilization and
processing thereof shall be under the State’s full control and
supervision and that the State may directly undertake such activities;
WHEREAS, Sec. 8 of R.A. No. 7942 provides that the Department of
Environment and Natural Resources (DENR) shall be the primary
government agency responsible for the conservation, management,
development and proper use of the State’s mineral resources including
those in reservations, watershed areas and lands of the public domain;
WHEREAS, pursuant to Executive Order No. 786 dated 19 March 1982, the
Natural Resources Development Corporation (NRDC) as a government
corporation and corporate arm of the DENR is mandated to help promote
the development of the country’s natural resources;
WHEREAS, Sec. 9 of R.A. No. 7942 provides that the Mines and
Geosciences Bureau (MGB) shall have direct charge in the administration
and disposition of mineral lands and mineral resources, both inland and
offshore;
WHEREAS, Presidential Decree (P.D.) Nos. 3 and 3-A provides that
reclamation of areas under water is limited to the National Government
or any person authorized by it under a proper contract;
WHEREAS, pursuant to P.D. No. 1084 and Executive Order No. 525, the
Public Estates Authority (PEA) has been created and designated as the
agency primarily responsible for integrating, directing and
coordinating all reclamation projects for and on behalf of the National
Government;
WHEREAS, in P.D. No. 1084, the PEA is authorized to reclaim land,
including foreshore and submerged areas, by dredging, filling or other
means, and to acquire reclaimed land;
WHEREAS, sand, gravel and other dredgefill materials from offshore
submerged lands are highly suitable raw materials for reclamation
projects of the PEA and other civil works related to government
projects;
WHEREAS, it is in the public interest to prioritize government projects
to enhance the delivery of services vital to the Government’s economic
and social development programs;
WHEREAS, it is very necessary to ensure adequate, low-cost and
continuous supply of raw materials in order not to hamper or delay the
implementation of projects implemented by the Government, or
large-scale projects that involve the interests of the
State;
WHEREAS, offshore areas constitute a fragile environment such that any
mining operation therein can cause environmental impacts unless the
appropriate safeguards are set in place under the close supervision of
the DENR.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
Section 1.
Surveys, sampling, site selection, dredging, and related operations in
borrow areas shall be subject to monitoring by the DENR, for compliance
with existing mining and environmental laws, rules and regulations, and
other applicable guidelines.
Sec. 2.
The PEA or its contractor(s) may undertake the identification of such
borrow areas, subject to the verification and approval by the DENR,
taking into account the appropriate guidelines to be formulated by the
DENR.
Borrow areas which are not utilized for any existing or proposed
reclamation projects or programs of PEA, shall be within the
jurisdiction of the DENR. The DENR-MGB shall be solely responsible for
the approval of mining right applications over such areas.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6. Since 19.07.98.
DONE in the City of Manila,
this 30th day of September, in the year of Our Lord, Nineteen Hundred
and Ninety Nine.
chan
robles virtual law librar
Back to Main
chan
robles virtual law library