PRESIDENT Duterte has transferred the power to approve reclamation projects to his office in a bid to fast-track the land-reclamation process, as critics see the Manila Bay rehabilitation as a prelude to clearing the way for pending reclamation projects.
Under Executive Order 74 signed by the President last February 1, the Philippine Reclamation Authority (PRA) was placed “under the direct control and supervision” of the OP, while the power of the President to approve all reclamation projects shall be delegated to the PRA Governing Board.
The EO added: “Such delegation, however, shall not be construed as diminishing the President’s authority to modify, amend or nullify the action of the PRA Governing Board.”
The PRA was previously with the Department of Environment and Natural Resources (DENR).
The issuance of the EO comes amid the pending land-reclamation projects in Manila Bay, which is also recently being rehabilitated by the national government.
While Malacañang defended the EO as a means to streamline the services of government agencies, Presidential Spokesman and Chief Presidential Legal Counsel Salvador S. Panelo was also quick to dismiss that the EO was meant to favor anyone or any group.
“Any executive order issued by the President is favorable to the Filipino people, not to any particular individual or group,” Panelo said on Monday.
The Makabayan bloc has already filed a resolution urging the government to suspend the rehabilitation program, saying this could be a prelude to the 43 reclamation projects covering more than 32,000 hectares in the bay under the President’s “Build, Build, Build” program.
According to the lawmakers, the 265-hectare Pasay Harbor City joint venture involving Davao-based businessman Dennis Uy is included among the list of reclamation projects.
Uy was one of the main campaign contributors of President Duterte.
The new EO also applies to all reclamation projects, including those initiated by local government units and all other agencies, government-owned or -controlled corporations or any government entity allowed under existing laws to reclaim land, for which there are no contracts or agreements yet executed between the government entity concerned and a private-sector proponent prior to the effectivity of the said EO.
Panelo, however, did not categorically say if the pending Manila Bay reclamation projects will be covered by the EO but noted that those projects with agreements, such as memorandum of agreement (MOA), will not be covered.
“If there is a MOA, then that is not already covered because that is considered a contract. You cannot impair the contracts entered [into] by the city government or the national government,” he said, noting that a memorandum of understanding is not considered a contract.
In November, it was reported that two cities led by Manila Mayor Joseph E. Estrada and Pasay City Mayor Antonino Calixto signed a MOA to pursue together with “utmost effort to cooperate with each other and extend mutual assistance” to their separate partnerships with private groups to reclaim huge swathes of the Manila Bay to develop a valuable coastal real estate, as well as generate employment and other economic opportunities in the two premier coastal cities in Metro Manila.
Moreover, the EO states that pursuant to its mandate to integrate, direct and coordinate all reclamation projects for and on behalf of the national government, the PRA is also “mandated to seek advisory opinions from relevant national government agencies on any proposed reclamation project.”
These agencies include the National Economic and Development Authority (Neda), the Department of Environment and National Resources and the Department of Finance. The Neda Board approved reclamation projects prior to the issuance of the EO.
No reclamation project shall also be approved by the PRA without the required Area Clearance and Environmental Compliance Certificate to be issued by the DENR.
All reclamation projects shall also undergo competitive public bidding and shall be evaluated by PRA based on their cumulative impacts rather than on a specific project basis.
The PRA governing board is also enjoined to allot at least 5 percent of its net earnings to develop its capability and expertise to reclaim land, including the modernization of its dredging and reclamation technologies.
The PRA shall also craft and implement a five-year
development plan to transform PRA into a premier
reclamation authority.