Jurisdiction, Control, Administration and Management of Watershed Areas of Geothermal Reservations Vested in the Philippine National Oil Co.

July 8, 2015

EXECUTIVE ORDER NO. 186

TRANSFERRING THE JURISDICTION, CONTROL, ADMINISTRATION AND MANAGEMENT OF THE WATERSHED AREAS OF GEOTHERMAL RESERVATIONS VESTED IN THE PHILIPPINE NATIONAL OIL COMPANY PURSUANT TO EXECUTIVE ORDER NO. 223 (S. 1987) AND PROCLAMATION NO. 853 (S. 1992)

WHEREAS, Presidential Decree (PD) No. 1515 (s. 1978), as amended by PD No. 1749 (s. 1980), provides that when the public interest so requires, the President may transfer to the appropriate agency of the government the jurisdiction over certain watersheds and reservations which may in the future support water-based energy projects;

WHEREAS, Executive Order (EO) No. 223 (s. 1987)vested in the Philippine National Oil Company (PNOC) the jurisdiction, control, management, protection, development and rehabilitation of the watershed areas surrounding geothermal reservations, namely: Tongonan Geothermal Reservation, Palinpinon Geothermal Reservation, Bacon-Manito Geothermal Reservation, and other geothermal reservations as may be discovered, identified, determined and developed by the PNOC, and proclaimed by the President of the Philippines, while Proclamation No. 853 (s. 1992) declared a certain portion of land situated within Mt. Apo National Park in South Cotabato and Davao as a geothermal reservation under the administration of the PNOC;

WHEREAS, considering that the PNOC has already privatized its geothermal arm, the PNOC-Energy Development Corporation, the PNOC no longer has an established watershed management body for the effective protection, rehabilitation, and development of the watershed areas; and

WHEREAS, EO No. 192 (s. 1987) designated the Department of Environment and Natural Resources (DENR) as the primary government agency responsible for the conservation, management, development and proper use of the country's environment and natural resources, including those in reservation and watershed areas. AScHCD

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

SECTION 1. Transfer of Functions. — The jurisdiction, control, administration and management, including the protection, development and rehabilitation of the watershed areas surrounding the following geothermal reservations, are hereby transferred to the DENR:

1. Tongonan Geothermal Reservation;

2. Palinpinon Geothermal Reservation;

3. Bacon-Manito Geothermal Reservation; and

4. Mount Apo Geothermal Reservation.

SECTION 2. Funding. — Subject to pertinent budgetary, accounting and auditing laws, rules and regulations, funds needed for the implementation of this Order shall be charged against sources to be identified by the Department of Budget and Management (DBM). Subsequent funding requirements for the implementation of this Order shall be incorporated in the annual budget proposals of the DENR through the General Appropriations Act.

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

SECTION 4. Separability. — Should any provision of this Order be declared invalid or unconstitutional, the other provisions unaffected thereby shall remain valid and subsisting.

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

DONE in the City of Manila, this 8th day of July, in the year of Our Lord, Two Thousand and Fifteen.

Published in The Manila Bulletin on July 16, 2015.