Disestablishment of the Pasig River Rehabilitation Commission

November 8, 2019

EXECUTIVE ORDER NO. 93

DISESTABLISHMENT OF THE PASIG RIVER REHABILITATION COMMISSION

WHEREAS, Administrative Order (AO) No. 74 (s. 1993) constituted the Presidential Task Force on Pasig River Rehabilitation (PTFPRR) under the Office of the President (OP) to oversee the implementation of the Government's Master Plan on the rehabilitation of the Pasig River;

WHEREAS, Executive Order (EO) No. 54 (s. 1999), as amended by EO No. 65 (s. 1999), abolished the PTFPRR and created the Pasig River Rehabilitation Commission (PRRC) as an inter-agency body, with the Secretary of the Department of Budget and Management as Chairman, for the purpose of ensuring that the Pasig River is rehabilitated to its historically pristine condition conducive to transport, recreation and tourism;

WHEREAS, EO No. 90 (s. 2019) transferred the chairmanship of the PRRC from the Secretary of the DBM to the Secretary of the Department of Environment and Natural Resources (DENR);

WHEREAS, Republic Act (RA) No. 9275 or the "Philippine Clean Water Act of 2004," vested the DENR with jurisdiction over all aspects of water pollution, and empowered it to take measures, using available methods and technologies, to prevent and abate such pollution, as well as to exercise supervision and control over all facets of water quality management;

WHEREAS, RA No. 11201 created the Department of Human Settlements and Urban Development (DHSUD) as the primary national government entity responsible for the management of housing, human settlement and urban development, including the formulation of policies and programs on public housing for the homeless and underprivileged families;

WHEREAS, under EO No. 292 (s. 1987) or the "Administrative Code of 1987," the Department of Public Works and Highways (DPWH) shall provide an integrated plan for flood control and water resource development systems, and other public works;

WHEREAS, under RA No. 7924, the Metropolitan Manila Development Authority (MMDA) is in charge of flood control and sewerage management in Metro Manila, which includes the formulation and implementation of policies, standards, programs and projects for an integrated flood control, drainage and sewerage system;

WHEREAS, AO No. 16 (s. 2019) designated the DENR to lead the Manila Bay Task Force, which shall undertake remedial measures to improve the water quality of Manila Bay and all major river systems and tributaries within the Manila Bay Region, including the Pasig River, and perform other functions as may be designated by the President;

WHEREAS, pursuant to the right-sizing policy of the Government under the Philippine Development Plan 2017-2022, which aims to promote economy and efficiency in government operations and ensure greater accountability of public officials, there is a need to consolidate ongoing rehabilitation efforts in all river systems and tributaries within the Manila Bay Region and streamline rehabilitation functions by transferring them to agencies with relevant core mandates;

WHEREAS, Section 17, Article VII of the 1987 Constitution provides that the President shall have control of all the executive departments, bureaus and offices; and

WHEREAS, Section 31, Chapter 10, Title III, Book III of EO No. 292 provides for the continuing authority of the President to reorganize the administrative structure of the Office of the President to achieve simplicity, economy and efficiency;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Disestablishment of the PRRC. — The PRRC is hereby disestablished. The functions of the PRRC, including all necessary and incidental powers thereof, pursuant to EO No. 54, as amended, are hereby transferred to the following agencies/offices, consistent with their respective mandates:

a. The Manila Bay Task Force under AO No. 16 shall update and take the lead in the overall implementation of the Pasig River rehabilitation Master Plan, which shall harness the Pasig River's potential for transportation, recreation and tourism purposes while undertaking the rehabilitation and restoration of its marine life;

b. The DENR shall ensure that the easements provided for in the Civil Code and other relevant laws are enforced, especially in all the esteros and waterways that drain into the Pasig River, as well as abate the dumping of untreated industrial wastewater and sewerage into the river, including all acts and omissions in violation of Presidential Decree (PD) No. 948 (s. 1976), as amended, PD No. 274 (s. 1973), and other related laws;

c. The DHSUD shall expedite the relocation of informal settlers and other unauthorized or unlawful occupants along the banks of the Pasig River and effectively enforce Proclamation No. 704 (s. 1995), in collaboration with the DENR and the Presidential Commission for the Urban Poor; and

d. The MMDA and DPWH, consistent with their respective mandates, and in coordination with the Department of the Interior and Local Government, local government units concerned and the Philippine National Police Maritime Group, shall ensure the dismantling and removal of all structures, constructions, and other encroachments established or built along the Pasig River which are in violation of RA No. 7279, as amended, and other applicable laws, as well as undertake civil works, as may be necessary, such as dredging and cleaning of the Pasig River and all the inland channels, esteros and waterways that drain into it.

SECTION 2. Winding-up. — Within sixty (60) days from the effectivity of this Order, the DBM, in consultation with the DENR and MMDA, shall supervise the winding up of the operations of the PRRC, as well as the final disposition or transfer of its functions, obligations, assets and liabilities pursuant to this Order, and the separation or transfer of its personnel, as may be necessary, in accordance with applicable laws, rules and regulations.

SECTION 3. Separability. — If any part or provision of this Order is held unconstitutional or invalid, other parts not affected thereby shall continue to be in full force and effect.

SECTION 4. Repeal. — EO No. 54, as amended, is hereby repealed. All executive orders, rules, regulations and other issuances or parts thereof, which are inconsistent with the provisions of this Order, are hereby revoked or modified accordingly.

SECTION 5. Effectivity. — This Order shall take effect immediately upon publication in the Official Gazette or a newspaper of general circulation.

DONE in the City of Manila, this 8th day of November, in the year of Our Lord, Two Thousand Nineteen.

 

Published in the Official Gazette, Vol. 115, No. 48, p. 13410 on December 2, 2019.