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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 users 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 its 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.cralaw:red
NOW,
THERFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by 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.cralaw:red
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.cralaw:red
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.cralaw:red
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 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 to 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.cralaw:red
Sec. 4. Additional Powers and Functions. The Authority shall have the following powers and functions:
a)
Issue standards, rules and regulation to govern the approval of plans
and specifications for sewage works and industrial waste disposal
systems 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 pollution
specifying the conditions and the 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 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 or
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 the 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 a
Corporate Secretary who shall be appointed by the Board with a rank
equivalent to a Department Director.cralaw:red
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.cralaw:red
Sec. 6. Capitalization and Financing.
The Authority shall have an authorized capital of Seven Hundred Million
Pesos (PhP700,000,000) of which the amount of THREE HUNDRED FIFTY onE
MILLION PESOS (PhP351,000,000) shall be subscribed by the national
government and THREE HUNDRED FORTY NINE MILLION PESOS (PhP349,000,000)
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.cralaw:red
The
authorized capital stock of Seven Hundred Million Pesos
(PhP700,000,000) shall be divided into Seven Million (PhP7,000,000)
shares of stock with a par value of one Hundred Pesos (PhP100) per
share.cralaw:red
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 4,900,000, 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 shall be agreed upon by both provincials 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.cralaw:red
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.cralaw:red
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.cralaw:red
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.cralaw:red
Sec. 9. Effectivity Clause. This Executive Order shall take effect immediately.cralaw:red
DONE in the City of Manila, this 16th day of December in the Year of Our Lord, Nineteen Hundred and Eighty-Three.cralaw:red
FERDINAND E. MARCOS
President
Republic of the Phillippines
By the President:
JUAN C. TUVERA
Presidential Executive Assistant
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