MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 88 ]
STRENGTHENING THE NATIONAL TASK FORCE DIWALWAL
WHEREAS, under Section 2, Article XII of the Constitution, the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State;
WHEREAS, Proclamation No. 297 (s. 2002) declares the Diwalwal Mining Reservation Area (DMRA), an area consisting of 8,100 hectares located in the Municipality of Monkayo, Province of Davao de Oro, as a mineral reservation and an environmentally critical area, and provides that mining operations in the DMRA may only be undertaken either by the Department of Environment and Natural Resources (DENR) or through qualified contractors authorized by DENR and the State;
WHEREAS, pursuant to Proclamation No. 297, the DENR designated the Philippine Mining Development Corporation (PMDC), a government-owned or -controlled corporation (GOCC), as its implementing arm in undertaking the mining and mineral processing operations in the DMRA;
WHEREAS, Executive Order (EO) No. 217 (s. 2003), as amended by EO No. 258 (s. 2003), created the National Task Force ("Task Force") Diwalwal to address concerns regarding the significant ecological degradation in the DMRA caused by unauthorized mining activities in the area;
WHEREAS, it has been observed that unauthorized mining activities have resumed in the DMRA, making it imperative to strengthen Task Force Diwalwal to ensure that concerns regarding illegal mining activities, environmental degradation, and socio-economic development in the DMRA are properly addressed; and
WHEREAS, Section 17, Article VII of the Constitution vests in the President the power of control over all Executive departments, bureaus, and offices, and the mandate to ensure the faithful execution of laws;
NOW, THEREFORE, I, FERDINAND R. MARCOS, JR., President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Reconstitution of National Task Force Diwalwal. The National Task Force Diwalwal is hereby reconstituted. The Task Force shall be composed of the following:
| Chairperson : |
Secretary, DENR |
| Members : |
Representative, Office of the President;
Secretary, Department of National Defense;
Secretary, Department of the Interior and Local Government; and
Chairperson, Mindanao Development Authority. |
The Chairperson and members of the Task Force may designate their respective alternates, with ranks not lower than Assistant Secretary or its equivalent, who shall be fully authorized to decide for or on their behalf.
Section 2. Duties and Functions. The Task Force shall have the primary duty of overseeing all mining activities in the DMRA, with the end in view of creating an environment conducive to lasting peace and sustainable development in the DMRA. For this purpose, the Task Force shall perform the following duties and functions, subject to existing laws, rules and regulations:
a.(awÞhi( Oversee the implementation of all government programs, activities and projects for the rehabilitation and development of the DMRA;
b. Operationalize and coordinate effective and timely execution of measures to regulate and rationalize all mining activities in the DMRA. For this purpose, the Task Force shall conduct an inventory and evaluation of all mining activities and tenements in the DMRA, particularly those entered into and/or under the management of PMDC. In this regard, the Task Force shall oversee and monitor PMDC's mining activities in the DMRA;
c. Study and implement measures and ways forward, subject to applicable laws, rules and regulations, to address all issues and concerns affecting the rehabilitation and development of the DMRA. This may include, among others: (i) formulating a comprehensive plan which shall serve as the strategic framework to promote environmental and ecological protection of the area and raise awareness among stakeholders regarding issues and concerns in the DMRA, as well as the efforts of the government to address the same; (ii) as may be necessary, transferring the remaining mining tenements in DMRA, if any, from PMDC to the Natural Resources and Development Corporation; and (iii) issuing the necessary implementing guidelines for the effective implementation of this Order;
d. Invite, collaborate, and establish institutional partnerships with concerned government agencies and the private sector, including non-government organizations and other stakeholders, to ensure the effective performance of its duties and functions;
e. As may be necessary, create, convene, and reorganize committees or technical working groups to assist in the implementation of this Order;
f. Submit to the Office of the President, through the Office of the Executive Secretary, annual reports on the implementation of this Order; and
g. Perform such other functions as may be directed by the President and/or the Executive Secretary.
Section 3. Convergence. All concerned government agencies are hereby directed, and all local government units within the Province of Davao de Oro and the private sector are hereby encouraged, to render full support to and cooperation with the Task Force to ensure the effective implementation of this Order.
Section 4. Funding. The funding requirements for the initial implementation of this Order shall be charged against the existing appropriations of the member-agencies of the Task Force, subject to relevant budgeting, accounting, and auditing laws, rules and regulations. Thereafter, the subsequent funding requirements for the purpose shall be included in the budget proposals of said member-agencies, subject to the usual budget preparation process.
Section 5. Separability. If any part or provision of this Order is held invalid or unconstitutional, the provisions not affected thereby shall remain in full force and effect.
Section 6. Repeal. All issuances, orders, rules and regulations, or parts thereof, that are inconsistent with this Order, are hereby repealed or modified accordingly.
Section 7. Effectivity. This Order shall take effect immediately upon its publication in the Official Gazette or a newspaper of general circulation.
DONE, in the City of Manila, this 4th year of Our Lord, Two Thousand and Twenty-Five day of July in the year of Our Lord, Two Thousand and Twenty-Five.
By the President:
LUCAS P. BERSAMIN
Executive Secretary
The Lawphil Project - Arellano Law Foundation
