Exempting NHA from NEDA Guidelines on JVAs to Expedite Recovery, Reconstruction and Rehabilitation Projects in Marawi City

February 5, 2018

EXECUTIVE ORDER NO. 49

EXEMPTING THE NATIONAL HOUSING AUTHORITY FROM THE NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY GUIDELINES ON JOINT VENTURE AGREEMENTS TO EXPEDITE THE IMPLEMENTATION OF RECOVERY, RECONSTRUCTION AND REHABILITATION PROJECTS IN THE MOST AFFECTED AREAS OF MARAWI CITY

WHEREAS, Administrative Order (AO) No. 3 (s. 2017) created the Task Force Bangon Marawi (TFBM) to ensure a unified and comprehensive effort on the part of the National Government for the recovery, reconstruction and rehabilitation of Marawi City and other affected localities;

WHEREAS, pursuant to Section 2 (b) of AO No. 3, the TFBM shall develop and implement the Bangon Marawi Comprehensive Rehabilitation and Recovery Plan (BM-CRRP), which shall identify the most affected areas in Marawi City that have sustained the most serious damage to public infrastructure and utilities, as well as private properties located therein;

WHEREAS, AO No. 3 was amended by AO No. 9 (s. 2017) by reorganizing the composition of the TFBM, designating the Housing and Urban Development Coordinating Council (HUDCC) as head of the TFBM to reflect the government's current priority to rebuild and develop the areas affected by the armed conflict in Marawi City;

WHEREAS, pursuant to AO No. 3, as amended, the HUDCC Chairman exercises operational control and supervision of the TFBM and the overall responsibility to ensure that the objectives of said the Order are accomplished;

WHEREAS, pursuant to EO No. 20 (s. 2001), the HUDCC exercises administrative supervision over the National Housing Authority (NHA), which remains attached to it for purposes of policy and program coordination;

WHEREAS,the NHA can provide the TFBM with the much-needed assistance and technical know-how in the recovery and rehabilitation efforts for Marawi City;

WHEREAS, pursuant to Section 6 (e) of Presidential Decree No. 757 (s. 1975), the NHA is authorized to develop and undertake housing development and/or resettlement projects through joint ventures or other arrangements with public and private entities;

WHEREAS, pursuant to Section 8 of EO No. 423 (s. 2005), the National Economic and Development Authority (NEDA), in consultation with the Government Procurement Policy Board (GPPB), issued the "Revised Guidelines and Procedures for Entering into Joint Venture Agreements between Government and Private Entities";

WHEREAS, in order to simplify documentary requirements and procedures and thereby expedite the commencement of rehabilitation projects, there is an urgent need to exempt the NHA from the coverage of the NEDA Guidelines on JVAs;

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

SECTION 1. Exempting the NHA from the NEDA Guidelines on Joint Venture Agreements. — To expedite the recovery, reconstruction and rehabilitation efforts in Marawi City currently being undertaken by national government agencies led by the HUDCC, the NHA, as an agency attached to the HUDCC, is hereby exempted from the NEDA Guidelines on JVAs, subject to the parameters stated in Section 2 hereof.

SECTION 2. NHA Authority to Issue Guidelines.— All JVAs to be entered into by the NHA pursuant to this Order shall comply with Guidelines which the NHA shall formulate and issue under the supervision of the HUDCC and in consultation with the NEDA, the Public-Private Partnership Center, and the Department of Budget and Management.

Such guidelines shall (a) apply only to recovery, reconstruction and rehabilitation projects for the most affected areas of Marawi City; (b) promote efficiency, transparency, competitiveness and accountability in covered transactions; (c) require the participation of agencies with mandates directly relevant to the project in the JVA selection and contracting process; and (d) be consistent with all applicable laws, rules and regulations.

SECTION 3. Effectivity.— This Executive Order shall take effect immediately upon its publication in a national newspaper of general circulation.

DONE in the City of Manila, this 5th day of February, in the year of Our Lord, Two Thousand and Eighteen.

 

Published in the Official Gazette, Vol. 114, No. 8, p. 1266 on February 19, 2018.