EXECUTIVE ORDER NO. 265
EXECUTIVE ORDER NO. 265 - AMENDING
EXECUTIVE ORDER NO. 315, AS AMENDED, THEREBY TRANSFERRING AND
RATIONALIZING THE POWERS AND FUNCTIONS OF THE PRESIDENTIAL COMMITTEE ON
THE BATAAN NUCLEAR POWER PLANT TO VARIOUS GOVERNMENT AGENCIES
WHEREAS, under Sec. 31, Book II
of the Administrative Code of 1987, the President has continuing
authority to reorganize the administrative structure of the Office of
the President “in order to achieve simplicity, economy and efficiency;”
WHEREAS, the Presidential Committee on the Bataan Nuclear Power Plant
(BNPP) was created under Executive Order No. 315 dated 04 January 1988,
as amended by Executive Order No. 13 dated 19 August 1992, to oversee,
supervise and coordinate all legal claims and options, loans and
financial obligations, and maintenance and preservation, including the
disposition or liquidation of all assets relating to BNPP;
WHEREAS, the Committee has fully implemented and enforced all legal
claims and actions relating to BNPP other than the pendency of the
appellate proceeding in the U.S. Third Circuit Court of Appeals and the
anticipated ruling of the Arbitral Tribunal in the International
Chamber of Commerce;
WHEREAS, Executive Order No. 55, s. of 1986, as amended by Executive
Order No. 98, s. of 1986, transferred the ownership of the BNPP, its
equipment, materials, facilities records and uranium fuel :from the
National Power Corporation to the National Government or its duly
designated agency, subject to such obligations as may be legally
enforceable against the national Government;
WHEREAS, with the creation of the Department of Energy under Republic
Act No. 7638 and the existing government agencies, there is a need to
rationalize the various powers and functions of the Presidential
Committee on the BNPP to such agencies;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order;
Section 1. Section 1 of Executive Order No. 315 s. of
1988, as amended by Executive Order No. 13, s. of 1992, is hereby
amended to read as follows:
“Section 1. Name and Function. — The Presidential Committee on
the Bataan Nuclear Power Plant (BNPP ) shall be the coordinating and
policy-making body on the BNPP, including policies arising from
negotiations for a fair commercial settlement of all pending legal
claims that will provide a substantial net benefit to the country. The
Committee shall summit its recommendations on BNPP-related policies to
the President for approval.”
Sec. 2. Sec. 2 of Executive Order No. 315, s.
of 1988, as amended, is hereby modified to read as follows:
“SEC.
2. Composition. — The Committee shall be composed of
the Secretary of Energy as Chairman, the Secretary of Finance as
Vice-Chairman both in an ex-officio capacity, and the Secretary of
Budget and Management, Secretary of Trade and Industry, Chairman of
Presidential Commission on Good Government, Governor of Bangko Sentral
ng Pilipinas, Solicitor General, President of National Power
Corporation, and President of the Philippine National Oil Company, as
Members.”
Sec. 3. Section s 3, 4 and 5 of Executive Order No.
315, s. of 1988, as amended, are hereby repealed.
Sec. 4. Transfer and Rationalization of Powers and
Functions. — To ensure continuity, economy and efficiency and to avoid
unnecessary duplication of efforts, the following powers and functions
of the Committee are hereby devolved and transferred to the following
government agencies:
a.
The Office of the Solicitor General shall have primary supervisory
responsibility for the enforcement of all claims and or legal options
relative to the BNPP. Funds from the Contingent Fund of the Office of
the President, National Power Corporation and any other Fund which the
President may authorized shall provide the necessary funding
requirements to support and discharge effectively this transfer,
subject to the availability of funds and the usual accounting and
auditing rules and regulations.
b. The
National Power Corporation, in coordination with the Department of
Energy for policy direction, shall continue as the caretaker of the
BNPP, undertaking the necessary and requisite preservation and
maintenance therefor pursuant to Executive Order No. 55, s. of 1986, as
amended with the expenditures necessarily connected thereto to be
shouldered by the National Government for which purpose there shall
likewise be an annual appropriation of such sums out of the General
Fund in the National Treasury not otherwise appropriated. The National
Power Corporation is further directed to supervise and coordinate the
disposition and liquidation of any unserviceable property at the BNPP
and to use the funds generated therefrom to support its caretaker’s
operations.
c. The
Department of Energy shall have primary responsibility to coordinate
and implement the policy directive proclaimed on May 27, 1993 to
rationalize and integrate the country’s energy program taking into
consideration the conversion of BNPP into a non-nuclear power plant.
d. The
Department of Finance shall have primary responsibility for the
monitoring and coordination of the restructuring, whenever legally
enforceable, of all loans and financial obligations relating to BNPP.
e. In
coordination with the Department of Energy, the Committee on
Privatization shall supervise and monitor the disposition and
liquidation of the BNPP assets, structures, equipment, spare parts,
uranium fuel, and other related items, which will not be needed and
utilized for the conversion of the BNPP into a non-nuclear power plant.
Sec. 5. Secretariat. — The Secretary of Energy is
hereby directed to constitute a Secretariat which shall provide all the
necessary staff support to the Committee.
For purposes of continuity and economy, saving generated from the
operations of the Presidential Committee on the BNPP from the period
January to June 1995 shall be used to support the personnel services
and its maintenance and other operating expenditure requirements of the
Secretariat for the rest of 1995, subject to the usual accounting and
auditing rules and regulations.
Sec. 6. Funds. — The sum of FIVE MILLION
(P5,000,000.00) PESOS is hereby set aside from the funds allocated for
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. Separation Gratuity. — In the interest of
service; the twenty-five (25) remaining personnel of the Presidential
Committee on the BNPP whose contract of services expired as of June 30,
1995 shall each receive a separation gratuity equivalent to one month
of basic salary for every year of service at the said office to be
shouldered by the Contingent Funds of the Office of the President.
Sec. 8. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 4th day of October, in the year of Our Lord, nineteen hundred and
ninety-five.
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