Expediting the Review and Approval Process of Infrastructure Flagship Projects on Water Security

August 26, 2020

ADMINISTRATIVE ORDER NO. 32

EXPEDITING THE REVIEW AND APPROVAL PROCESS OF INFRASTRUCTURE FLAGSHIP PROJECTS ON WATER SECURITY

WHEREAS, the State recognizes that investments in adequate infrastructure are necessary to fulfill the commitment of the Philippines under the Sustainable Development Goals of ensuring universal and equitable access to safe and affordable drinking water for all by 2030;

WHEREAS, acceleration of infrastructure development in water resources is one of the key pillars under the Philippine Development Plan 2017-2022;

WHEREAS, Section 2 of Republic Act (RA) No. 9485, as amended by RA No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018," declares it a policy of the State to promote integrity, accountability and proper management of public affairs and public property, as well as to establish effective practices aimed at the efficient turnaround of the delivery of government services and the prevention of graft and corruption in government;

WHEREAS, under Sections 5 and 17 (f) of RA No. 9485, as amended, the Anti-Red Tape Authority (ARTA) shall review existing laws, executive issuances and local ordinances, and recommend the repeal of the same if deemed outdated, redundant, and adds undue regulatory burden to the transacting public, as well as recommend policies, processes and systems to improve regulatory management to increase the productivity, efficiency and effectiveness of business permitting and licensing agencies;

WHEREAS, persistent low water levels in existing reservoirs especially those servicing Metro Manila, along with increasing demand and competing use over limited water supply call for the development of new water resources, and acceleration of water infrastructure development as an overarching strategy in pursuit of water security and as an important approach in dealing with the challenges of climate change through innovative interventions and technologies;

WHEREAS, agency processes and procedures have routinely and excessively delayed infrastructure flagship projects on water security resulting in increased costs and hampering the delivery of clean, stable, adequate and affordable water to the detriment of the Filipino people;

WHEREAS, there is a need for the National Government to pursue institutional reforms such as streamlining processes of concerned agencies to encourage and guide investments in water supply, sewerage and sanitation, and expedite the approval and processing of infrastructure flagship projects on water security, while respecting property rights and protecting public safety and the environment; and

WHEREAS, Section 17, Article VII of the 1987 Constitution vests in the President the power of control over all executive departments, bureaus and offices, as well as the mandate to ensure faithful execution of laws;

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. Infrastructure Flagship Projects on Water Security. — Infrastructure flagship projects on water security refer to the identified water-resource projects in the list of infrastructure flagship projects approved by the National Economic and Development Authority (NEDA) as of 17 February 2020, and shall cover other similar projects that will be approved and identified as such by the National Government pursuant to relevant laws, rules and regulations.

SECTION 2. Evaluation and Approval Process. — All agencies shall give priority to complete reviews and approvals of infrastructure flagship projects on water security, strictly within the processing time and deadlines established by law. If a government office or agency fails to approve or disapprove an original application or request for issuance of license, clearance, permit, certification or authorization within the prescribed processing time, where all the required documents have been submitted and fees paid, and no reason or explanation in writing was provided therefor, the said application or request shall be deemed approved.

For this purpose, the Presidential Adviser for Flagship Programs and Projects (PA-FPP) and the NEDA shall directly coordinate with the head of the relevant issuing agency to establish, in a manner consistent with law, ways to expedite the issuance of pertinent licenses, clearances, permits, certifications or authorizations, especially those required under Presidential Decree No. 1586 (s. 1978), Administrative Order No. 42 (s. 2002) and RA No. 8371 and their implementing rules and regulations.

SECTION 3. Reports and Sanctions. — Consistent with Section 17 of RA No. 9485, as amended, the ARTA shall monitor and evaluate the compliance of agencies with the law, specifically with Sections 9 (b), 10 and 11 thereof, and issue notices of warning to erring and/or noncomplying government officials or employees.

Within twenty (20) working days from the submission of complete requirements and every week thereafter, until appropriate action is undertaken on the application for the required license, clearance, permit, certification or authorization, the relevant issuing agency shall submit a written report to the PA-FPP and the NEDA, copy furnishing the ARTA, regarding the status of the application, as well as issues encountered and the cause/s for delay or inaction, with advice on the corrective measures that may be undertaken, as appropriate.

SECTION 4. Expedited Process and Reengineering Systems and Procedures. — Heads of relevant agencies shall, within the limits prescribed by law, accelerate the permitting process of all infrastructure flagship projects on water security and render assistance necessary to support the PA-FPP and the NEDA.

The ARTA shall ensure that local permits and barangay clearances related to infrastructure flagship projects on water security shall be applied, issued, and obtained strictly in accordance with the prescribed processing time under RA No. 9485, as amended.

Without prejudice to Sections 2 and 3 above, and Administrative Order No. 23 (s. 2020), the ARTA, within thirty (30) days from the effectivity of this Order, shall review and recommend to the Office of the President the repeal of outdated, redundant and unnecessary licenses, permits, certifications or authorizations being required by national government agencies and local government units in the processing and approval of licenses, permits, certifications or authorizations for all infrastructure flagship projects on water security.

SECTION 5. Separability. — If any part or provision of this Order shall be held unconstitutional or invalid, the other parts or provisions hereof which are not affected shall continue to be in full force and effect.

SECTION 6. Repeal. — All other issuances inconsistent with this Order are hereby repealed or modified accordingly.

SECTION 7. Effectivity. — This Order shall take effect immediately.

DONE in the City of Manila, this 26th day of August, in the year of Our Lord, Two Thousand and Twenty.

 

Published in the Official Gazette, Vol. 116, No. 36, p. 5579 on September 7, 2020.