EXECUTIVE ORDER NO. 96
EXECUTIVE ORDER NO. 96 - CREATING
THE ATLAS COMMISSION AND DEFINING ITS POWERS AND FUNCTIONS
WHEREAS,
the mining operation of the Atlas Consolidated Mining and Development
Corporation has affected the vegetation in the old abandoned mine site
in the Province of Cebu;
WHEREAS, there is a need to reforest and revegetate the exposed soil
and rock structures to prevent erosion, oxidation and pollution;
WHEREAS, sometime in August, 1999, mine water from the Biga open mine
pit of the Atlas Consolidated Mining and Development Corporation
spilled into the Sapangdaku River and the Tañon Strait;
WHEREAS, there is a need to rehabilitate, protect and develop the
Sapangdaku River and the Tañon Strait and other areas affected
by the spillage of mine water;
WHEREAS, under Sec. 31, Chapter 10, Title III, Book III of the
Administrative Code of 1987, the President has the continuing authority
to reorganize the administrative structure of the Office of the
President.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic
of the Philippines, by virtue of the powers vested in me by law, do
hereby order:
Section 1. Creation. — There is hereby created a
Commission under the Office of the President to be known as the Atlas
Commission (“Commission”) which shall serve as the planning, policy and
program coordinating body for the rehabilitation, protection and
development of the Sapangdaku River and the Tañon Strait and
other areas affected by the mining operation of and the spillage of
mine water from the Atlas mines in the Province of Cebu.
Sec. 2. Composition. — The Commission shall be
composed of a Chairman and six (6) Commissioners who shall be appointed
by the President of the Philippines.
Sec. 3. Powers and Functions. — The Commission
shall have the following functions and responsibilities:
a.
Formulate and implement, in coordination with the concerned agencies of
the Government, programs and projects for the rehabilitation,
regeneration, revegetation and reforestation of mineralized areas, aqua
culture, watershed development and water conservation, and
socio-economic development of the areas affected by the mining
operation and the spillage of mine water;
b. Review all
existing policies, programs and projects, researches and studies as
well as other initiatives to rehabilitate, protect and develop the
affected areas;
c. Adopt a
process of maximum consultation with the local government units
concerned and all interest groups in the localities to ensure that
their needs, concerns and ideas are considered in the formulation and
implementation of programs and projects for the rehabilitation,
protection and development of the affected areas;
d. Negotiate
and enter into management and/or consultancy contracts in pursuit of
the rehabilitation, protection and development of the affected areas;
e. Accept or
receive donations and other conveyances by gratuitous title or funds,
materials and services for use in the rehabilitation, protection and
development of the affected areas, subject to the usual accounting and
auditing rules and regulations;
f. Arrange and
negotiate for grant or loan financing of its programs and projects with
local and/or international financing institutions and/or private
organizations, subject to the concurrence of the Secretary of Finance
and the Secretary of Budget and Management;
g. Call upon
any agency of the Government for such assistance as may be necessary in
the performance of its functions;
h. Submit
periodic reports to the President on the status of the rehabilitation,
protection and development efforts; and
i. Perform
such other functions as may be directed by the President.
Sec. 4. Organizational Support. — The Commission
shall establish and maintain a Secretariat which shall provide
technical and administrative support to the Commission and which shall
be headed by an Executive Director who shall be assisted by a Deputy
Executive Director. The Executive Director shall implement the policies
of the Commission and manage the day-to-day operations thereof. The
Executive Director shall be appointed by the President upon the
recommendation of the Chairman. The Chairman shall have the authority
to appoint, promote and discipline the personnel of the Secretariat.
The Commission, subject to pertinent laws, rules and regulations, may
create, organize and set in operation such organizational units
necessary for the performance of its powers and functions. Such units
shall be staffed by duly qualified personnel appointed by the Chairman.
Sec. 5. Board of Advisors. — There is hereby
created a Board of Advisors for the Commission to assist in policy
formulation, coordination, management and implementation of the
programs and projects of the Commission. The Board of Advisors shall be
composed of the following:
Representative,
Department of Environment and Natural Resources Representative,
Department of Agriculture
Representative, Department of Public Works and Highways
Representative, Department of Transportation and Communications
Representative, Department of Budget and Management
Representative, Department of Finance
Representative, Department of Trade and Industry
Representative, Regional Development Council of Region VII
Representative of the Governor, Province of Cebu
Representative of the Mayor, City of Toledo
One (1) representative from a bona fide non-government organization to
be nominated by the Commission
Sec. 6. Transfer of Appropriations, Records and
Properties. — The applicable appropriations, properties and records of
the Tañon Strait Commission, which was abolished by virtue of
Executive Order No. 72 dated February 11, 2002, are hereby transferred
to the Atlas Commission.
Sec. 7. Funding. — The Department of Budget and
Management shall identify and provide the annual budgetary requirements
as may be required by the Commission for the implementation of its
programs and projects and for its operations.
Sec. 8. Repeal. — All orders, rules, regulations
and issuances, or parts thereof, which are inconsistent with this
Executive Order, are hereby repealed or modified accordingly.
Sec. 9. Effectivity. — This Executive Order shall
take effect immediately upon approval.
City of Manila, April 18, 2002
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