Creation of Inter-Agency Committee for BOT Implementation of Laiban Dam in Kaliwa River, Tanay Rizal

November 7, 1997

MEMORANDUM ORDER NO. 450

CREATING AN INTER-AGENCY COMMITTEE TO OVERSEE THE BUILD-OPERATE-TRANSFER (BOT) IMPLEMENTATION OF THE LAIBAN DAM IN KALIWA RIVER IN TANAY, RIZAL UNDER THE MANILA WATER SUPPLY III PROJECT

WHEREAS, the Province of Rizal and its neighboring provinces are experiencing extreme water shortage due to its high geographic location and the Metropolitan Waterworks and Sewerage System's low priority coverage of the area;

WHEREAS, the Province of Rizal and the Presidential Commission on MARILAQUE Growth Area have recommended the implementation under the Master Plan of the Marilaque Commission through Build-Operate-Transfer or any other appropriate schemes subject to existing laws, rules and regulations, the Laiban Dam in Kaliwa River in Tanay, Rizal;

WHEREAS, there is a need for a dedicated body to oversee the immediate implementation of this water supply project to ensure its timely and effective completion;

WHEREAS, there is a need for additional water for the areas supplied by the MWSS;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. An Inter-Agency Executive Committee (EXECOM) is hereby created to oversee and supervise through Build-Operate-Transfer (BOT) or any other appropriate schemes subject to existing law, rules and regulations, the Laiban Dam in Kaliwa River in Tanay, Rizal under the Manila Water Supply III Project;

SECTION 2. Composition. — The EXECOM shall be chaired by the Chairman of the MARILAQUE Commission with the Cabinet Officer for Regional Development Region IV (CORD-IV), as Co-Chairman, and the following as members: the Secretary of Public Works and Highways, the Administrator of the MWSS, the Secretary of Department of Environment and Natural Resources, and the Governor of the Province of Rizal. The Housing and Urban Development Coordinating Council (HUDCC) shall be the EXECOM's Technical Secretariat.

SECTION 3. Terms of Reference. — The EXECOM shall (whether on its own, by contract, or otherwise or whether by itself through, or in coordination with governmental or non-governmental persons or entities):

a. Recommend to the President other projects to be implemented under the Manila Water Supply III Project through Build-Operate-Transfer (BOT) or any other appropriate schemes, that will complement the Laiban Dam in Kaliwa River in Tanay, Rizal;

b. Undertake the implementation under the Master Plan of the Marilaque Commission, through BOT or any other appropriate schemes, for the financing, construction, repair, and operation of the project, including entering into arrangements that will result in the involvement or participation of the private sector in any or all segments of the project;

c. Facilitate the resolution of the issues and concerns affecting the timely and effective implementation of these projects; aisadc

d. Coordinate, direct and contract water off-take or other similar arrangements for the project with all government agencies, including the MWSS and local water districts;

e. Supervise, control, regulate, construct, maintain, operate, and provide such facilities or services (whether on its own, by contract, or otherwise) as are necessary to implement the project;

f. Make or enter contracts of any kind or nature to enable it to discharge its functions under this Memorandum Order.

The EXECOM may carry out its responsibilities under this Memorandum Order under any of the following:

(i) Proclamation No. 50, as amended, and its related statutes and its implementing rules and regulations;

(ii) Republic Act No. 6957, as amended by Republic Act No. 7718, and its implementing rules and regulations; and

(iii) Such other laws, rules, orders, and/or proclamations as the EXECOM may deem appropriate.

SECTION 4. The EXECOM may establish its technical committee, including a Pre-qualification, Bidding and Award Committee, any appropriate system and mechanics, or call on other agencies of the government to effectively discharge their functions for the smooth implementation of these projects.

SECTION 5. Regular reports on its activities and the status of these projects shall be submitted by the EXECOM to the Office of the President, through the Executive Secretary who shall, to the extent feasible, be notified and represented at all EXECOM meetings.

SECTION 6. All concerned government agencies are hereby directed to cooperate in the implementation of this Memorandum Order.

SECTION 7. This Memorandum Order shall take effect immediately.

DONE in the City of Manila, this 7th day of November, in the year of Our Lord, Nineteen Hundred and Ninety-Seven.