Creation of an Inter-Agency Technical Committee Relative to the Laguna Lakeshore Expressway Dike Project

March 22, 2016

EXECUTIVE ORDER NO. 202

CREATION OF AN INTER-AGENCY TECHNICAL COMMITTEE RELATIVE TO THE LAGUNA LAKESHORE EXPRESSWAY DIKE PROJECT

WHEREAS, Republic Act (RA) No. 4850, as amended by Presidential Decree (PD) No. 813, authorizes the Laguna Lake Development Authority (LLDA) to reclaim, or cause to be reclaimed, portions of the Laguna Lake, or undertake reclamation projects subject to the approval of the National Economic and Development Authority (NEDA) Board, and to lease, mortgage, sell, alienate, or otherwise encumber, utilize, exploit or dispose any property held by it;

WHEREAS, Section 6 of RA No. 6957, as amended by RA No. 7718, otherwise known as the "Build-Operate-and-Transfer (BOT) Law," authorizes the grant of reclaimed land as repayment to the private-sector partner for its financing, construction, operation and maintenance of an infrastructure project;

WHEREAS, Executive Order (EO) No. 292, otherwise known as the "Administrative Code of 1987," provides that the Department of Environment and Natural Resources (DENR) shall have exclusive jurisdiction over the management and disposition of all lands of the public domain and shall be the sole agency responsible for the classification of lands;

WHEREAS, the NEDA Board has approved the Laguna Lakeshore Expressway Dike Project (LLEDP), to be implemented by the Department of Public Works and Highways (DPWH) as the Implementing Agency, and the LLDA as the Cooperating Agency, under a public-private partnership scheme pursuant to the BOT Law; and

WHEREAS, the Philippine Reclamation Authority (PRA) has confirmed its support for the LLEDP.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of powers vested in me by law, do hereby order:

SECTION 1. Reclassification of Lands to be Reclaimed. — In compliance with applicable laws, rules, regulations and procedures, the DENR shall perform all the necessary acts to reclassify portions of the land to be reclaimed as alienable and disposable land of the public domain. aDSIHc

SECTION 2. Creation of an Inter-Agency Technical Committee (IATC). — There is hereby created an IATC composed of technical representatives of the DPWH, the LLDA, the DENR, and the PRA, to perform the following:

a. Assist the DPWH and LLDA in the implementation of the LLEDP and in resolving issues arising from the implementation of the LLEDP; and

b. Ensure that all aspects of the LLEDP, including the relocation of the LLEDP-affected inhabitants, waste management, reclamation, environmental protection, property development, and construction, are consistent with the requirements of all applicable laws, rules and regulations.

SECTION 3. Repeal. — All orders, issuances, or parts thereof, which are inconsistent with the provisions of this Order, are hereby repealed or modified accordingly.

SECTION 4. Separability. — If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 5. Effectivity. — This Order shall take effect immediately.

DONE in the City of Manila, this 22nd day of March, in the year of Our Lord, Two Thousand and Sixteen.