EXECUTIVE ORDER NO. 927
EXECUTIVE ORDER NO. 927 - FURTHER
DEFINING CERTAIN FUNCTIONS AND POWERS OF THE LAGUNA LAKE DEVELOPMENT
AUTHORITY
WHEREAS, the land and the waters of the
Laguna Lake Region are limited natural resources requiring judicious
management for their optimal utilization to insure renewability and to
preserve the ecological balance;
WHEREAS, the increasing pressure of urban growth and development
dictate the need for a more rational allocation of the limited land and
lake resources of the region responsive to the demands of the various
beneficial users thereof;
WHEREAS, the competing options for the use of such resources and
conflicting jurisdictions over such uses are creating undue constraints
on the institutional capabilities of LLDA in the light of the limited
powers vested in it by its charter;
WHEREAS, for LLDA to effectively perform its role, a thorough corporate
reorganization aimed at: regrouping its various units for better
administrative control and direction; expansion of its field offices;
strengthening of the linkages with other government and private
institutions; broadening of its financial base and revenue generations;
and, enlarging its prerogatives of monitoring, licensing and
enforcement, would be necessary.
NOW, THEREFOR, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution and the authority
vested in me by the Presidential Decree No. 1416, do hereby order and
ordain;
Section 1. Reclassification. — The Authority is
hereby classified among the industrial/area development group (Class A)
of corporations under Letter of Implementation No. 97 and for this
purpose the Authority is hereby granted authority to modify its
organization, providing for the creation of the position of deputy
general manager, upgrading the existing divisions into departments to
be headed by directors and regrouping of these departments into offices
coordinated by assistant general managers, and creating other offices
its Board may deem necessary and appropriate to achieve its objectives
and aims.
Sec. 2. Water Rights Over Laguna de Bay and Other
Bodies of Water within the Lake Region. — To effectively regulate and
monitor activities in the Laguna de Bay region, the Authority shall
have exclusive jurisdiction to issue permit for the use of all surface
water for any projects or activities in or affecting the said region
including navigation, construction, and operation of fishpens, fish
enclosures, fish corrals and the like.
For the purpose of this Executive Order, the term “Laguna de Bay
Region” shall refer to the Provinces of Rizal and Laguna; the Cities of
San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay; the towns of
Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of
Silang and Carmona in Cavite Province; the town of Lucban in Quezon
Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa, and
Pateros in Metro Manila.
Sec. 3. Collection of Fees. — The Authority is
hereby empowered to collect fees for the use of the lake waters and its
tributaries for all beneficial purposes including but not limited to
fisheries, recreation, municipal, industrial, agricultural, navigation,
irrigation, and waste disposal purpose; Provided, that the rates of the
fees to be collected, and the sharing with other government agencies
and political subdivisions, if necessary, shall be subject to the
approval of the President of the Philippines upon recommendation of the
Authority’s Board, except fishpen fee, which will be shared in the
following manner: 20 percent of the fee shall go the lakeshore local
governments, 5 percent shall go to the Project Development Fund which
shall be administered by a Council and the remaining 75 percent shall
constitute the share of LLDA. However, after the implementation within
the three-years period of the Laguna Lake Fishery Zoning and Management
Plan, the sharing will be modified as follows: 35 percent of the
fishpen fee goes to the lakeshore local governments, 5 percent goes to
the Project Development Fund and the remaining 60 percent shall be
retained by LLDA; Provided, however, that the share of LLDA shall form
part of its corporate funds and shall not be remitted to the National
Treasury as an exception to the provisions of Presidential Decree No.
1234.
Sec. 4. Additional Powers and Functions. — The
Authority shall have the following powers and functions:
a)
Issue standards, rules and regulations to govern the approval of plans
and specifications for sewage works and industrial waste disposal
system and the issuance of permits in accordance with the provisions of
this Executive Order; inspect the construction and maintenance of
sewage works and industrial waste disposal systems for compliance to
plans.
b) Adopt,
prescribe, and promulgate rules and regulations governing the
Procedures of the Authority with respect to hearings, plans,
specifications, designs, and other data for sewage works and industrial
waste disposal system, the filing of reports, the issuance of permits,
and other rules and regulations for the proper implementation and
enforcement of this Executive Order.
c) Issue
orders or decisions to compel compliance with the provisions of this
Executive Order and its implementing rules and regulations only after
proper notice and hearing.
d) Make, alter
or modify orders requiring the discontinuance of population specifying
the conditions and time within which such discontinuance must be
accomplished.
e) Issue,
renew, or deny permits, under such conditions as it may determine to be
reasonable, for the prevention and abatement of pollution, for the
discharge of sewage, industrial waste, or for the installation or
operation of sewage works and industrial disposal system or parts
thereof: Provided, however, that the Authority, by rules and
regulations, may require subdivisions, condominiums, hospitals, public
buildings and other similar human settlements to put up appropriate
central sewerage system and sewage treatment works, except that no
permits shall be required of any new sewage works or changes to or
extensions of existing works that discharge only domestic or sanitary
wastes from a single residential building provided with septic tanks or
their equivalent. The Authority may impose reasonable fees and charges
for the issuance or renewal of all permits herein required.
f) After due
notice and hearing, the Authority may also revoke, suspend modify any
permit issued under this Order whenever the same is necessary to
prevent or abate pollution.
g) Deputize in
writing or request assistance of appropriate government agencies or
instrumentalities for the purpose of enforcing this Executive Order and
its implementing rules and regulations and the orders and decisions of
the Authority.
h) Authorize
its representative to enter at all reasonable times any property of the
public dominion and private property devoted to industrial,
manufacturing, processing or commercial use without doing damage, for
the purpose of inspecting and investigating conditions relating to
pollution or possible or imminent pollution.
i) Exercise
such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Executive Order.
Sec. 5. Board of Directors Composition. — The
corporate powers shall be vested in and exercised by the Board of
Directors, hereinafter referred to as the Board which shall be composed
of ten (10) members, to wit: Representative of the Office of the
President; Minister of Economic Planning; Minister of Natural
Resources; Minister of Trade and Industry; Representative of Laguna
Province who shall be designated by the Provincial Board of Laguna;
Representative of Rizal Province who shall be designated by the
Provincial Board of Rizal; Representative of the Office of the Governor
of the Metro Manila Commission; President of Laguna Lake Federation of
Mayors, Inc.; General Manager of the Laguna Lake Development Authority
to be appointed by the President of the Philippines; Representative of
Private Investors; Provided, that incumbent representative of the
private investors shall continue as members until the President
appoints his successor. The Board of Directors shall elect annually
from among their members, a chairman and a Vice-Chairman. There shall
be a Corporate Secretary who shall be appointed by the Board with a
rank equivalent to a Department Director.
The officials next-in-rank to the above-mentioned members shall serve
as permanent alternate members and shall attend meetings of the Board
in the absence of their principal and receive the corresponding per
diems.
Sec. 6. Capitalization and Financing. — The
Authority shall have an authorized capital of Seven Hundred Million
Pesos (P700,000,000) of which the amount of THREE HUNDRED FIFTY ONE
MILLION PESOS (P351,000,000) shall be subscribed by the national
government and THREE HUNDRED FORTY NINE MILLION PESOS (P349,000,000)
shall be subscribed by the cities, provinces, municipalities,
government corporations, and private investors; Provided, that at least
twenty-five percent (25%) of the national government’s subscription
shall be fully paid; Provided, further, that the authorized capital
stock may be increased upon recommendation of the NEDA and shall come
from the fishpen fees.
The authorized capital stock of Seven Hundred Million Pesos
(P700,000,000) shall be divided into Seven Million (P7,000,000) shares
of stock with a par value of One Hundred Pesos (P100) per share.
The shares of stock of the Authority shall be divided into: 1)
4,900,000 common shares (voting and 2) 2,100,000 preferred shares
(non-voting) with such fixed rates of return as shall be determined by
the Board. Of the common shares of 4,900, a minimum of 2,800,000 shares
shall be subscribed by the national government and at least sixty
percent (60%) of the balance shall be subscribed by the Province of
Laguna and Rizal in such proportion as may be agreed upon by both
provincial governments in accordance with their respective financial
capacities. The remaining balance of the common shares shall be open
for subscription to cities, provinces, municipalities and private
investors.
Of the preferred shares of stock of 2,100,000, a minimum of 770,000
shares shall be subscribed by the national government. The balance of
the preferred shares shall be available for subscription to cities,
provinces, municipalities, government corporations and private
investors. Provided, however, that preferred shares shall enjoy
preference with respect to distribution of dividends and assets in case
of dissolution.
Sec. 7. Repealing Clause. — All laws, decrees,
orders, proclamations, rules, regulations and issuances on parts,
thereof, which are inconsistent with any of the provisions of this
Executive Order are hereby repealed or modified accordingly.
Sec. 8. Separability Clause. — Any portion or
provision of this Executive Order that may be declared unconstitutional
shall not have the effect of nullifying the other provisions thereof;
Provided, that such remaining portions can still stand and be given
effect on their entirely to accomplish the objectives this Executive
Order.
Sec. 9. Effectivity Clause. — This Executive Order
shall take effect immediately.
DONE in the City of Manila,
this 16th day of December in the Year of Our Lord, Nineteen Hundred and
Eighty-Three.