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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 144 -
REORGANIZING AND CONVERTING THE COORDINATING COUNCIL FOR PRIVATE SECTOR
PARTICIPATION (CCPSP) AND ITS TECHNICAL SECRETARIAT TO THE
BUILD-OPERATE AND TRANSFER (BOT) CENTER, TRANSFERRING ITS ATTACHMENT
FROM THE OFFICE OF THE PRESIDENT TO THE DEPARTMENT OF TRADE AND
INDUSTRY AND FOR OTHER PURPOSES
WHEREAS,
Section 12 of Republic Act No. 7718, otherwise known as the Amended BOT
Law, identifies the Coordinating Council of the Philippine Assistance
Program (CCPAP) as the agency responsible for the coordination and
monitoring of projects implemented under the BOT Law;
WHEREAS, Rule 14 of the Implementing Rules and Regulations (IRR) of the
Amended BOT Law directs concerned agencies and LGUs to periodically
submit to the BOT Center of the CCPAP the status of BOT projects
authorized under the BOT Law and likewise submit a copy of all
unsolicited proposals that they receive and all other related
documents. The BOT Center is further mandated to guide the
agencies/LGUs in the preparation and development of the BOT projects,
and at the end of every calendar year, the CCPAP shall report to the
President and to Congress on the progress of all projects implemented
under the BOT Law;
WHEREAS, the CCPAP, which was created under Administrative Order 105,
series of 1989, was reorganized and converted into the Coordinating
Council for Private Sector Participation (CCPSP), by virtue of
Administrative Order No. 67, series of 1999, as amended by
Administrative Order No. 103, series of 2000;
WHEREAS, Administrative Order No. 67 mandates CCPSP as the government
agency responsible for facilitating, coordinating, and monitoring
build-operate and transfer (BOT) and private sector participation (PSP)
projects;
WHEREAS, Administrative Order No. 103, series of 2000 designated the
Chairman of the Presidential Committee on Flagship Programs and
Projects as the ex-officio Chairman of CCPSP;
WHEREAS, the CCPSP Technical Secretariat is presently attached as an
autonomous unit to the Office of the President;
WHEREAS, to more effectively carry out its role in the BOT process, the
CCPSP Technical Secretariat should be rationalized and placed in the
mainstream of bureaucracy;
WHEREAS, under the Administrative Code of 1987, the Department of Trade
and Industry is mandated to promote and develop an industrialization
program effectively controlled by Filipinos and shall act as catalyst
for intensified private sector activity in order to accelerate and
sustain economic growth;
WHEREAS, the Philippine development plan (MTPDP) specified that,
through its continuing commitment to deregulation and privatization,
the government will increasingly mobilize the private sector to
accelerate the financing, construction, and operation of major
infrastructure facilities; obtain the required infrastructure through
competitive markets with minimum fiscal burden and government
contingent liabilities, while protecting the public interest; ensure
that users will have adequate, safe, efficient, reliable, and
affordable infrastructure services; provide private proponents, who
will be generally selected through competition under fair and
transparent terms, a level playing field with reasonable returns and
sharing of risks;
WHEREAS, to implement the Philippine development plan, there is a need
for greater coordinating between the lead government agency that
facilitates, coordinates and monitors build-operate and transfer (BOT)
and/or private sector participation (PSP) projects, and the Department
of Trade and Industry as the agency mandated to act as catalyst for
intensified private sector activity in order to accelerate and sustain
economic growth;
WHEREAS, under Section 1, Chapter 1, Title I, Book III of Executive
Order No. 292 or the Administrative Code of 1987, the President shall
have control of all executive departments, bureaus and offices;
WHEREAS, Sec. 31, Chapter 10, Title III, Book III of the
Administrative Code of 1987 provides continuing authority to the
President to reorganize the administrative structure of the Office of
the President;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1.
Sec. 2.
The BOT Center shall have the following powers:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Sec. 3.
Sec. 4.
The Executive Director shall run the day-to-day administration of the
BOT Center.
Sec. 5.
Sec. 6.
Sec. 7.
a)
b)
c)
* SECTION 10.
Sec. 11.
Done in the City of Manila,
this 2nd day of November, in the year of Our Lord, Two Thousand and Two.
*
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Since 19.07.98.