EXECUTIVE ORDER NO. 315
EXECUTIVE ORDER NO. 315 - RENAMING
THE CABINET COMMITTEE ON THE BATAAN NUCLEAR POWER PLANT AS “THE
PRESIDENTIAL COMMITTEE ON THE PHILIPPINE NUCLEAR POWER PLANT” AND
DEFINING ITS STRUCTURE, POWERS AND FUNCTIONS
WHEREAS,
on April 30, 1986 the Cabinet decided not to operate the Philippine
Nuclear Power Plant (PNPP) and created a Committee to study the legal
options available to the Philippine Government in connection with such
decision;
WHEREAS, the Senate has created and Ad Hoc Bataan Power Plant Committee
to study and oversee the policy considerations bearing on any action on
the PNPP, in close consultation and coordination with the Cabinet
Committee on the PNPP and the House Committee on Energy;
WHEREAS, Executive Order No. 55, as amended by Executive Order No. 98,
transferred the ownership of the PNPP, its equipment, materials,
facilities, records and uranium fuel from the National Government,
subject to such obligations as may be legally enforceable against the
National Government;
WHEREAS, the statute of limitations, the huge interest payments, and
other pressing factors render it imperative and urgent that the
Government accelerate, systematize and integrate all its actions in
respect to the PNPP; and
WHEREAS, it is necessary to define the structure, powers and functions
of the Cabinet Committee on the PNPP to enable it to implement more
effectively and immediately its mandate to study the legal options
available to the Philippine Government;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
Section 1. Name. — The Cabinet Committee on the
Bataan Nuclear Plant is hereby renamed “The Presidential Committee on
the Philippine Nuclear Power Plant” and its structure, powers and
functions are hereby defined as provided hereinbelow.
Sec. 2. Composition. — The Committee shall be
composed of the following officials or their duly authorized
representatives:
Secretary
of Budget and Management —
Member
Secretary of Science and
Technology — Member
Chairman, Presidential
Commission
on Good
Government —
Member
Governor, Central Bank — Member
Solicitor General
— Member
Director, Philippine Nuclear
Research
Institute
—
Member
President, National Power
Corporation — Member
Administrator, Export Processing
Zone
Authority
— Member
President,
Philippine National Oil Company — Member
Sec. 3. Powers and Functions. — The Committee
shall have the following powers and functions:
(a)
To initiate, coordinate and implement the negotiation, arbitration
and/or litigation of any and all claims, causes of action, or any other
legal option that the Government has or may have against any person,
natural or juridical, in connection with the Philippine Nuclear Power
Plant;
(b) To
supervise and coordinate the maintenance and preservation of the
Philippine Nuclear Power Plant, and the disposition or liquidation of
its structures, equipment, spare parts, uranium fuel, and other related
items;
(c) To
initiate and coordinate the efforts of the appropriate Government
agencies and instrumentalities to restructure, whenever legally
enforceable, all loans and financial actions relating to the Philippine
Nuclear Power Plant, and otherwise dispose of all related claims:
(d) To call
upon any department, bureau, office, agency or instrumentality of the
Government for such assistance as the Committee may need, to request
and utilize the services of their personnel, technical experts and
professionals, and to utilize and share their resources and materials;
(f) To enter
into contracts for the purchase, rental, procurement or use of office
space, equipment and other logistical resources, including the
availment of facilities for required domestic or international
communication and travel;
(g) To hold
fact-finding hearings and other investigative activities, for which
purpose it may administer oaths or affirmations; and issue subpoena ad
testificandum for any public official or private individual to testify
before it, or subpoena duces tecum for the production of required
documents or information, and to exercise such powers in aid of its
investigative powers under the law;
(h) To
formulate and implement such operational rules and regulations as will
ensure the efficient performance of its functions; and
(i) In
general, to exercise all the powers and perform all the functions
necessary and appropriate to pursue and attain its objectives.
Sec. 4. Divisions. — The Committee shall have
three (3) operating divisions, namely:
(a)
Legal Division, to be headed by Secretary of Justice, and composed of
the Secretary of the Budget and Management, the Chairman of the
Presidential Commission on Good Government, the Solicitor General and
the President of the National Power Corporation, which shall have
primary supervisory responsibility for the enforcement of all claims
and/or legal options relative to the PNPP.
(b) Asset
Maintenance and Disposition Division, to be headed by the Secretary of
Science and Technology, and composed of the President of the National
Power Corporation, the Director of the Philippine Nuclear Research
Institute, the Administrator of the Export Processing Zone Authority,
and the President of the Philippine National Oil Company, which shall
have primary supervisory responsibility for the preservation and
maintenance of PNPP and the liquidation and disposition of its assets.
(c) Debt
Restructuring and Disposition Division, to be headed by the Secretary
of Finance and composed of the Governor of the Central Bank and the
President of the National Power Corporation, which shall have primary
supervisory responsibility for the restructing, whenever legally
enforceable, of all loans and financial obligations relating to PNPP.
Sec. 5. Secretariat and Technical Committees. —
The Committee shall have a Secretariat which shall collate all data,
information and materials, and provide all the necessary staff support
to the Committee. It shall be composed of such personnel from the
public and private sectors as may be detailed to the Committee upon
request of the Chairman. The Secretariat shall be headed by an
Executive Director to be designated by the Chairman, upon consultation
with the members of the Committee. The members of the Secretariat of
the previous Cabinet Committee on the Bataan Nuclear Power Plant shall
be deemed part of the Secretariat. The Secretariat shall coordinate
with the Staff of the Senate Ad Hoc Bataan Nuclear Power Plant
Committee and the House Committee on Energy.
Whenever necessary, the Committee may constitute technical
committees/sub-committees to assist it in the discharge of its
functions and to engage the services of members of the private sector
for advice, consultation and appropriate assistance.
Sec. 6. Funds. — The sum of FORTY MILLION
(P40,000,000.00) PESOS, is hereby set aside from the Contingent Funds
of the Office of the President for the use of the Committee. In case of
a deficiency, such sums as may be necessary to support the Committee’s
operations shall be provided by the participating agencies and by such
other entities willing to contribute upon request of the Committee.
Sec. 7. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 4th day of January, in the year of Our Lord, nineteen hundred and
eighty-eight.
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Since 19.07.98.