Executive Order No. 192 Providing for the Reorganisation of the Department of Environment, Energy and Natural Resources, Renaming it as the Department of Environment and Natural Resources, and for Other Purposes

11'!.',LAC.•,Ji;ANG MAXIL.~ I , , PMS LIBR/.\f"/y OCT O 1 1990 EXECUTIVE ORDER NO. 192 PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS t1:IE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOORCES, AND FOR 011iER PURPOSES WHEREAS, Executive Order No. 131, dated January 30, 1987 , was suspended; WHEREAS, 2 policy having been reached on energ-y, the reorgani~a t.ion of c.:le Departcent of Natural Resources cao now be effected; V~ER.EAS, the environment will be affected by Lhe use, development, m.anagemeot, =ene\..1ai a:id conservatioo of the cour.~:-y's nac.o~al resot!rces; WHEREAS, there 1~ a need to protect and enhance the quality of. t he country;s environmen t; WHEREAS, to atta in this objective, environcental concerns and natural resources concerns should be given equal attention by the Deparuent; I/HE.REAS, under Article XVIII, Section 6, of the !987 Constitution, the President shall continue to exercise legislative powers until the First Congress i s convened; NO~, THEREFORE, I, CORAZON C. AQUINO, PRESIDE~T OF THE PRILIPP!NES, by virtue of the powers vested in me by the Coostitution, de hereby order: SECTION 1. Ti:le . Reorgar.izat1on Act of tbe ' This Execu :ive O~der shall o~her~ise be kco~n as Depart:mcot of Eovironmcnt and Na tural Resources. SECTION 2 . Reorgaoization . The Department of Enviroru:ient, Energy acd Natural Resources is hereby reorganized st=uctu=ally and f unctionally and renamed 2s the Department of Environrneot a·ad Natural Resources, here1oaf ter ~cfc=red co~~ Department, 1n accordance with the previsions of this Executive Orde:. SECTION 3. Declaration of Policy. It is hereby decl ared the policy of the State LO ensu~e che s ustainable use, develop~ent, manageoeot, renewal , and conser-vacioo of the country's forest, ciineral, land, off-shore areas and ether fr~ na:ural =esources, 13cluding the protection and enhancement of the qcelity of the 2ovi=oomeac, and equitable access of the di.!ferent segrnencs of ~he popula:!oo ~o ~he development anC use of the cocn~ry's natural resources, not only :or the present genera~ioo but f er :u~ure gene~atiocs as well . ! t is also the ?Clicy of :he s:at.e to re.cogn.ize and apply- a true value system incl uding social and en\'1=onmental cost implica:ions ~ela:ive to t.heir ut11izat1or., devel opmenc and cocs ervat ion of our natu=al resources . Page 2 SECTION 4, Mandate. The Depa~tment shall be the primary government agency respo•nsi ble for the conservation, management, development and proper use of the country's environment and natural resources, specifically forest and grazi ng lands, mineral resources , includ i ng those in reservation and watershed areas, and lands of the public domain, as well as the l icensing and regulation of all natural resources as may be provided for by law in order to en~ure equitable sharing of the benefits derived tberefrom f or the welfare of the present and future gene?Cations of Filipinos . To accompiish its mandate, the Department shall be guided by the following objectives that ••ill serve as basis for policy formulation : (a) Assure the availability and sustainability of the country's natural resources through judicious use and systematic restora tion or replacement, whenever possibl e; (b) Increase the demands for population; productivity of natural resources in order to meet the foresc, mineral , and land resources of a growing (c) tnhance the contribution of natural resources for achieving national economic aod social deve loprneot ; (d) Promote equitable access to natural resources by the different sectors - of the- population ; -- - (e) Conserve specific terrestrial and ma ~ine areas representative of the Philippine natural and cultural beritage f or present and future geoera tions. SECTION 5. Powers and Functions . To accomplish its mandate, the Department shall have the following powers and :unc ti-ons : (a) Advise the !'resident oci the enactment of laws ,.- . development, use, reguiation, aod conservation natural re.sources and the control of pollution ; relative to the of the country's (b) ~or~ulate, implement, and supervise the governoent-s policies. plans aoa programs pertaining to the management , conservation, development , use and replenishment of the coun:ry's natural resources; (c) Prom.ulga te rules and regulations in accordance with law governing the exploration, development, conservation, excrac :.100, disposition, use and such ocher commerc~al ac ti vi ties tendin'g to cause che depletion and degradation of our natural resources; (d) Exercise supervision and conttol over forest laads, alienable and disposable lands, and mineral resources and in the process of exercising such control the Depac-tment shall impose appropriate payments, fees, chai:-ges, rentals 2nd any such form of levy and collect such revenues for the explo~ation, development, utilization or gathering of such resources; t • L ./4 (e) Page 3 Undertake exploration, assessment, classification and inventory of the country's natural resour~es using ground surveys, remote sensing and complementary technologies; (f} .Promote proper and mutual consul tat ion with the pr1 va te sec tor involving natural resources development, use and conservation; (g} Undertake geological surveys of the whole country including its territorial waters; (h} Establish policies and implement programs for the: (l} Accelerated inventory, surveys and classification of lands, fore s t, and mineral resources us ing appropriate technology, ta be eble to come up with a more accurate assessment of resource quality and quantity; ( 2) Equitable distribution of natural t'esources through the judicious administ:ation, ~egula;;:ion, utilization, develcpme oc and conservation of publ ic lands , f orest, and mineral resources (including mineral reservation areas), that ~ould benefit a grea ter number of Fi lipinos; (3) P:-omotion, development and expansion of natural resource-based indus·tries; (4} ?reservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protecced areas; (5} Maintenance of a wholesome natural environment by enfor~ing environmental protection la~s; aod (6) Encourage:aent ini tia ti ve io c of greater people pa~ticipation natural resource management. and p:c1vate (1) Promulgate rules and regulations necessary to: (l) Accelerate cadas tral and emaocipacion pa tent surveys, land use pl,rnu!11g cud public land tltl1ng; (2} Harness forest resources in a sustainable manner, to assist rural development, SUP?Ort forest- based industries, and provide raw fr materials to meet increasing demands, at the same time keeping adequate reserves far environmental stability; and (3) E>:pedi te metallic ma?:'ke ting. mineral r2sources surveys, and non-metallic minerals p=omote the production of a~d encourage mineral (j} Reg.ulate the development, disposition, extraction, exploration and use of the couocry~s forest, land and mine ral resources; (k} (1) (m) Page 4 Assume responsibility for the assessment, development, protection, conservation, licensing and regulation as provided for by law, where applicable, of all oatural resources; the regulation and monitoring of service contrac·tors, licensees, lessees, aod permittees for the extraction, exploration, development and utilization of natural resource products; the impl ementation of programs and measures witb the eod i o view of promoting close collabora:ioo between the gove::nment and the p-rivate sector; the e:fective and efficient classification aod sub- classification of lands of the public domain; aod t he enforcement of natura l resources l aws, rules and regulations; Promulgate rules, regulations and guidelioes co the issuance of co-production, j oint venture or production sharing agreements, licenses, perm! ts, concessions, l eases aod such other privileges and arrangement concerning the development, exploration and utilization of ~he country's natural =esources and shall cont~nue to oversee, supervis-e aod police our oatural resources ; to cancel or cause c.o cancel such privileges and arrangements upon failure , non-compliance or violations of any regulations, orders, and for all other causes which are i o furtherance of ttle conservation of natural resources and supportive of the national interests; Exercise exclusive jurisdictioo oo the management and disposition of all lands of the public domain and shall continue to be the sole agency responsible for classification, subclassification, surveying and titling of lands io consultation with appropriate agencies. (n) Implement measures for t:he regulation and supervisioo of the processing of forest products, grading and inspection of l umber and other forest products and monitoring of the movement of timber aod other fo rest products; (o) Promulgate rules aod regulations for the control of water, air and land pollution ; (p) Promulgate ambient and effluent standards for water and air quality including the allowable levels of other ~ollutants and radiations; ( Q) (r) (s) P=omulgate couotry,...s habi eats; policies, rules aod regulatioos for the conservation of the genetic re~ources and biologic?.} diversity, 2nd endangered Formulate an integrated, multi-sectoral, and multidisciplioary National Conservation St=a tegy, .,;,ich will be presented to the Cabioe t. for the President's approval; Exercise may be mandates o~her powers and necessary, proper and objectives. functions and pe~forrn such other acts or incidental to the attainment of as its SECTION 6. Structural O=gaoization. The Deparcrneat shall consist of the Depa=tmenc Proper, the staff offices, the staff bureaus and the tegiooal/provincial/community natural resour~es offices . Page 5 The Department Proper shall consist of the following: (a) Office of the Secretary (b) Offices of Uodersecretar!es (c) Offices of Assistant Secretaries (d) Public Affairs Off i ce (e) Special Concerns Office (f) Pollution Adjudication Beard The staff sector al bureaus on the other hand, shall be composed of: (a) Forest Management Bureau (b) Lands Management Bureau (c) Hines and Geo- Sciences Bureau (d) Environmental Management Bur eau (e) Ecosystems Research and Development Bureau (f) Protected Areas and Wildlife Bureau The field offices shall consist of all the department =egio~9l offices, the provincial offices and the community offices. SECTION 7 . Secretary .£!. Envi r onment and Natural Resources. The authority and responsibili ty for the exercise of the mandate of the Department, t.he ~ccomplishmcnt of its objectives and the discharge of its povers and functions shall be vested i n the- ·-Secretary of--Eovi"ronment- and Natural - Resources·;- hereinafter referred to as Secretary, who shall supervise the Department and sh2:1 be appointed by the Pr esident. For s uch purposes, the Secretary shall have, the foll,o..-ing fuoc tions : (a) Advise the President oo the promulgation of rules, regulati ons and other 1ssuanc.es relative to the cooservatioo, management, development. and proper use of the count ry's aatu r al resources; (b) Establish P.Olicies and standards for the efficient and effect ive oper ations · of the Department in accordance wi tb t:he pro-grams of the government; (c) !':-omulgate rnles, regulations and carrying ouc the Department's mandate, prog=ams and pcojects~ other issuances necessary in objectives, policies, plans, (d) Exe:-cise supervision over all functions and accl.vi ties of the Department; (e) Delegate authority for the performance of any ad~i nis tra:ive or substan~ive function to subordinate officials of the De:partment; (:) Pe:-form other functions as ma y be prodded by law or assigned appropriately by the President. SECTION 8. Office of the Secretary. The Office of the Secretary shall consist of t.he Secretary andhis immediate staff . Page 6 SECTION 9. Undersecretary. The Secretary shall be assisted by five (5) Ondersecretaries who shall be appointed · by the President upon the recommendation of the Secretary. The Secretary is hereby authorized t o delloea te, assign and/ or reassign the respective f unc tiooal areas of responsibility of the Undersecretary, provided, that such responsibility shall be with respect to the mandate and objectives of the Department; and provided, further, that no Undersecretary shall be assigned primarily administrative responsibilities. ~ithin his functional area of responsibility, an Undersecretary shall have the following functions: (a) Advise the Secretary io the admi ni s era ti ve orders and other responsibility; promulgation of Department orders, issuances, with respect to his area of (b) Exercise supervision over the offices, services, operating units and officers and employees under his responsibility; (c) Promulgate rules and regulations, consis:ent with Department policies, that. will efficiently and effectively govern the activitles of units under his responsibility; (d) Coordinate the responsibility functions and ac:.tivities of the units under his with those of other units under the responsibility of other Unde~secretaries; (e) Exercise authority oo substantive aod administrative matters related to the functions and activities of units under his responsibility as may be delegated by t.he Secretary; (f) Perform other functions as may be p=ovided by law or assigned appropriately by the Secretary . SECTION 10. Assistant Secretary. The Secretary and the □ndersecretaries shall be assisted by seven (7) Assistant Secretaries in the formulation , management and implementation of natural resources la~s, policies, plans, and programs and projects. They shall oversee the day- co-day operations, administration and supervision of the constituents of the Department . The seven (7) A£~i£tnn~ Secre~aries sh3ll be responsible !or =he follo~i~g: (a) Policy and Planning Studies (b) Foreign- Assisted and Special Projects (c) Field Operations in Luzon (d) Field Operations in Visayas (e) Field Operations in Mindanao (i) Legal Affal=s (g) Management Services SECTION 11. Public Affairs Of:ice. The=e is hereby created a Public Affairs Office, under the Office of the Secretary, to be headed by a Director aud assisted by an Assistant Director, ~bi:::h shall serve as che public. information arm of the Department. It shall be =esponsible for dissemina:ing inf orma t~on on natural resources development policies, plans, prog=ams and projects ; and respond to public queries related to the development and conservation of natural resources. Page 7 The Public Affairs Offices of al l bureaus are hereby abolished and the i r functions are transferred to the Public Affai r s Office in accordance wi th Section 24 (b} hereof. SECTION 12 . Special Conce=ns Office. There is hereby created a Special Concerns Off ice under the Off ice of the Secretary, to be headed by a Director and assisted by an Assistant Di:ector, which shall be responsible for handl i ng priority srea.s/subjects i dentified by the Secretary which necess1 Lates special and immedia te attention. SECTION 13. Forest Management Bureau. There ls hereby created · a Forest Haoagemeot Bureau 1.:hicb shall integrate and absorb the powers and functions of the Bureau of Forest Development (B:D) and the ~ood Industry Development Authority (WIDA), i n accordance with Sec:lon 24 (e) hereof except those line functions and power s which a re t=ans;erred to the regional field o.ffi ce . The Forest Hanage ment Bureau, to be teaded by a Director and assisted by an Assistant Director shall advise the Secre.cary on matters per taining to forest development and conservation and shall have the f ollowi ng functions, but oot limited to: (a) Recommend policies and/or programs for the effective protection, development, occupancy, management and conservation of forest lands and wate r sheds, including grazing and mangrove areas, reforestation and rehabilitation of critically denuded/degraded forest reservations , improvement of water resource use and development , ancestra l lands, wilderness areas and other natu:cal preserves, development of f orest plantations including rattan, bamboo, and other valuable non- timber fore s t resources, rationalization of the wood-based industries, regulation of the utilization and exploi cation of forest resources including wildlife, co ensure continued supply of forest goods and services. (b) Advise t he regional off ices i~ the impl ementa,ioa of the above pol!ci4s and/or p~ogr ans. (c) Devel-Op plans, programs, operating standards and adminis trati ve measures to promote tbe Bureau's objectives and functions . (d) Assist in the monitoring and evaluat.ion of f orestry and 1.:atersbed J1J., development projects to eosure efficiency aod effectiveness. JI. (e) Undertake studies on the economic:s of forestry aad fores t-based iodustries, including supply and demand trends on the local, national and internetional levels, iden:ifying inves~~ent problems and opp or t.uni cies, in vario:Js a=eas . (f) Perform other func,ions as may be assigned by the Secretary and/or provided by law. Page 8 SECTION 14. Lands Management Bureau. There is hereby created the Lands Management Bureau vhicb shall absorb functions and powers of the Bureau of Lands except those line functions and powers which are transferred to the regional field off i ce. The Lands Management Bureau to be headed by .a Director an<I assisted by an Assistant Director shall advise the Secretary on matters pertaining to rational land classification management and disposition and shall have the following functions, but not limited to: · (a) Recommend policies and programs for the efficient and effective administration, surveys, management and disposition of alienable aod disposable lands of the public domain and other lands outside the responsibilities of other government agencies; such as reclaimed areas and other areas not needed for or are oot being utilized for the purposes for which they have been es tablishe·d; (b) Advise the Regional Offices on the efficient and e:fective implementation of policies programs and pro j ects for □ore effective public lands manage~ent; (c) Assist in the monitoring and evaluation of land surveys, management and disposition of lands to ensure efficiency and eff ectiveness thereof; ( d) I ssue - standards,° - guidelines, policies for the maximization of regula tion·sand order-s land use and development; to enforce (e) Develop opera ting standards and procedures to enhance the Bureau's objectives and functions; (f) Ass!st the Secreta cy as Executive Officer charged with carrying out the provisions of the Public Land Act (C . A.141, as amended) , who shall have direct executive control of the survey, classification, lease, sale or at:>7 other for:ns of concessions or disposition and management of the lands of the public domain; (g) Perform other functions as may be assigned by the Secretary aod/or provided by law . SECTION 15 . Mi:les and Geo-Sciences Bureau. There is hereby created the Mines and Geo-Sciences Bureau which shall absorb the functions of the Bureau of ~ines and Geo-Sciences (BMGS), Mine=al Reservations Development Board (MRDB) and the Gold Mining Industry Developmeot Board (GMIDB) all of which are hereby merged in accordance with Section 26 hereof except those line £uncticns and powers which are transferred to the regional field office . The Hines and Geo Sciences Bureau, to be headed by a Director and assisted by an Assistant Director shall advise the Secretary on matters pertaining to geology and mineral resources exploration, cievelopmeot and conservation and shall r.ave i:he f ollowing functions, but not lic:ited to: (a) Recommend policies, regula tions and programs pertaining to mineral resoucces development and geology; (b) Page 9 Recommend policies, regulations and exploitation of mineral resources of jurisdiction such as silica sand, gold sand, etc. over·see the sea placer, me development and within the country's magnetite and chromite (c) Advise the Secretary on the granting of mining rights and contracts over areas containing metallic and non- metallic mineral resources; (d) Advise the Regional Offices on the effective implementation of mineral development and conservation programs as well as geological surveys; (e) Assist in the moni toriog and evaluation of the Bureau's programs and projects to ensure efficiency and effectiveness thereof; (f} Develop and promulgate standards and operating procedures on mineral resources development and geology; (g) Supervise and control the development and packaging of nationally applicable technologi es on geological survey, mineral resource assesso,«r.:t, mining and metallurgy ; the provision of geologic:al, metallurgical, chemical and rock mechanics laboratory services ; the conduct of marine geological and geophysical survey and natural exploration drilling programs; (h)- Per:orm - other functions· as may be assigned by the Secretary and/or provided by law. SECTION 16. Environmental Management Bureau. There is hereby created ao Environmental Management Bureau. The National Environmental Protec tion Council (NEPC), the National Pol l ution Control Commission (NPCC} and the Environmental Center of the Philippines (ECP), are hereby abolished and t~eir powers and functions are hereby integrated into the Environmental Management Bureau in accordance with Section 24 (c) hereof, subject to Section 19 hereof. The Environmental Management Bureau shall be headed by a Director and assisted by an Assistaot Director who shall advise the Secretary on matters relating to environmental management, conservation, and pollution control. The Environmental Management Bureau shall have the following functions: (a) Recommend possible legislations , policies enviroomeotal management and pollu~ion control; and (b) Advise the Regional Offices in the efficient implementation of policies, programs, aod projects and efficient environmental management and pollution prog:-ams for and effective for the effective control; (c) Formulate eovirorune·ntal quality standards such as the standards for water, air, land, noise .and radiations; quality (d) Recommend rules and regulations for environmental impact as sessments and provide technical assistan~e for :heir implementation and monitoring; .. ( e) Formulate rules and regulations for the proper disposition of solid wastes, toxic and hazardou.s. su.bs.ta.rrc:es.~ t Page 10 (f) Advise the Secretary on the legal aspects of environmental managemeot a.nd pol lution contr ol and ass i st in the conduc t of public hearings in pollution cases; (g) Pro~i de secretariat assis tance to the Pollution Adjudication Board, created under Section 19 hereof ; (h) Coordinate t he inter-ageocy committees that may be created for tbe preparation of che State of tbe Philippine Environment Repor t and the National Conservation Strategy; ( i) Pro,•ide assistance t o the Regional Offices i n tbe formulation and dissemination of information oo environmen:al and pollution matte:s to the general public ; (j) Assi s t the Se:::retary aod the Regional Officers by providing technical assi s ta nee in the implemeuta tion of environmental and pollu :ion laws; (k) Provide scient:fic assistance to "he Regional Offices in the conduct of environmental research :,rograms . SECTION. 17 . Ecosystems Research and Development Bureau . The Forest Research Institute and the National Mangrove Committee are hereby abolished and !!l t~gra t~ i.!JtO the Ec~stems Research ?,W Devel opme1:2 t Bureau in accordance with Section 24 (e) hereof . The Ecosystems Researcb and Development Bureau shall be headed by a Director a nd assisted by an Assistant Director. The Bureau shall have the following functions : (a) Formulate Pbilippine forests, as and recomme nd an integrated researcb pr ogram relating to ecosys tems and natural resources such as minerals, laods, holistic and interdisciplinary fields of inquiry; (b) Assis t the Secretary la determi ning a system of prioriries for the allocation of resources to various technological research programs of the depar tment; (c) Provide technical assistance in the implementation and monitoring of the aforementioned research prog=am~; (d) Ceoerate technologi'es and proviOe scientific assistance io the research aod development of technologies relevant to the s ustainable uses of Phil!ppine ecosystems and natural resou=ces; (e) Assist the Secretary in the evaluat!oa of the effectiveness of the implementation of the integrated research program. The Ecosystems Research and Development Bureau shall directly maoage and administer the FORI Researcb Offices, laboratories, and forest experiment stat~ons located at UP Los Banos and sucb other field laboratories as the Secretary may assign to ! rs direct supervision. Tbe Bureau shall coordinate all technological researches undertaken by the field offices, assess and translate all recommendable findings and disseminate such f!ndings for all possible users and clientele. Page 11 SECTION 18. Pro t ected Areas and 111ldl1fe Bureau.- There is hereby created a Protected Areas and 1/ildlife Bureau which shall absorb the Division of Parks and 1/ildlife and the Marine Parks Program of the Bureau of Forest Development as well as:· Calaui t Game Preserve and Wildlife Sane tuary, Presidential Committee oo the Conservation of Tamaraw, Ninoy Aquino Parks and 1/ildlife Center (formerly Parks a nd 1/ildlife Nature Center), shares i n Kabuhayan Program and Agro Forestry State Projec ts of the KKK Processing Authority, all national pa.rks , wil<!l if e sa ne t uaries and game preserves previously manage d and administered by the Ministry of Buman Se ttlements i ncluding National Parks Reservation situated in the provinces of Bulacan, Rizal, Laguna and Quezon formerly declared as Bagong Lipunan Sites of said Ministry, Magat Forest Reservat!.o.o and Mt. Arayat National Park, formerly witb the Ministry of Tour:ism io accordance with Section 24 (c) hereof . The Protec ted Areas and Wildlife Bureau shal l be headed by a Director and assisted by an Assistant Director. The Bureaus shall have the foll owing functions : (a) i'ormu late a nd recommend policies, gui<iel).n2s, rules and regulations for t.he establishment and management of an Integrated Protecced Areas Sys terns such as national parks, wildli fe sane tuaries and refuge, marine parks, and b!.ospheric reserves; (b) Formulate and recommend policies, gu idelines, rules and r egulations for the preser vation of biological diversity, genetic resources, the endangered Philippine flora and fauna; (c) Prepare an up-to-date listing of endangered Philippine flora and f auna and recommend a program of conservation and propagation of the same; (d) Assist the Secreta ry i n ·the monitoring and assessment of the management of the I ntegrated Protected Areas System and provide technical assistance to the regional Offices in the implementation of programs for these areas; (e) Perform oth~r functions as may be assigned by the Secretary and/or provided by law . SECTION 19. Pollution Adjudication Board . There is he=eby c reated a Pollu ,:ion Ac!j udlca tlon Board under the Off lee of the Secretary. The Board shall be composed of the Secretary as Chairman, two ( 2) Und·e=secretaries as may be designated by the Secretary, the Director of Environmental Management , and three (3) others to be designated by the Secre t ary as members . The Board s hall assume the powers and f unctions of the Commission/Commissioners of the Nat i onal Pollution Control Commission with respect co the adjudication of pcllution cases under Republic Act 3931 and ? residential Decree 984, particularly with respect to Section 6 letters e, f, g, j, k, and p of P.D . 98~. The Environmental Management Bureau shall serve as the Secretari at of the Board. These powers and functions may be delegated to the regional officers of the Depar::.ment in accordance ~ith ruies and regula~ions co be pro□ulgat~d by : he Board . Page 12 SECTION 20. Field Offices of ~he Department. The field offices of the Department are the Environment and Natural Resources Regional Offices in the thirteen (13) administrative regions of the country, the Environment and Natural Resources Provincial Off ice in every province and the Community Office in municipalities wherever deemed necessary. Tbe regional offices of the Bureau of Forest Development, Bureau of Mines & Ceo-Sciences and Bureau of Lands in each of the t.hirteeo (13) administrative regions and the research centers of the Forest Research Institute are hereby integrated into the Department-wide Regional Environment and Natural Resources Office of the Deparc"ment, in accordance with Section 24 (e) hereof. A Regional Off ice shall be headed by a Regional Executive Director (with the Rank of Regional Director) and shall be assisted by five (S) Regional Technical Directors (with the Rank of Assistant Regional Director) each for Fo~estry, Lands Management, Mines and Geo-Scieoces, Environmental Management and Ecosystems Research. The Regional Executive Directors .and Regional Technical Directors shall be Career Executive Service Officers. SECTION 21. F'unc-c:ious of Environment and Natural Resources Regional O::ice . Eovironmes.t '.nd Natural Resources Reg-ional Offices shall be located in ·:he identified reg10.1al capitals and shall have the following functions, but not lirni ted c.o : (a) Implement laws, policies, plans, programs, projects, rules and regulatio.ns of. the Department- to promote the. sustainability and productivity of natural resources, social equity in natural resource utilization and environmental protection. (b) Provide efficient and effective delivery of services co the people; (c) Coordinate with regional offices of other depari:ments, offices, agencies in the region and local government units in the enforcement of natural resource conservation laws and regulations, and in the formulation/implementation of natural resources programs and projects; (e) Recommend and, upon approval, implement programs and projects on forestry, mine::als, and land management and disposition; {f) Conduct. cor.ip::ehens!ve inventory of nature!l :-esources in t:he region and formulate regional ,short and long-term development plans for the conservation, utilization and replacemeot of natu=al resources; (g) (h) Evolve respective regional budget io conformity with established by the Regional Development Councils; the priori ties Supervise ~he processing of natural resources p=oducts, grade and inspect minerals, lumber and other wood processed produces, and mon1 tor the mov2:ment of these produc. ts; ( i) Cood.uc t :ield researches for appropriate technologies recommended for various projects; (j) Perform other functions as ~ay be assigned by the Secretary and/or provided by law. Page 13 The natural resources provincial aod community offices shall absorb, respectively, the functions of the district offices of the bureaus, which are hereby abolished in accordance with Section 24 (b) hereof. The provincial and community natural resource office shall be he.aded by a provincial natural resource officer and community natural resource officer, respectively. SECTION 22. Attached Agencies and Corporations. and corporations are attached to the Department: The following agencies (a) National Mapping and Resource Information Authoray. There is hereby created the National Happing and Resource lo.forroati.on Author! t y (NAMRIA) which shall integ:.-ate the functions and po1Jers of the Natural Resources Management Center (NRHC), National Cartog=aphy Authority (NCA), the Bureau of Coast and Geodetic Survey (BCGS), and the Land Cla.ss ificatioo Teams based at the theo Bureau of Forest Development, in accordance with SecUon 24 ( e) hereof, "hich shall provide the Department and the government with map-mak!ng services. The autho:.-ity shall act as the central mapping agency which will serve ~he needs of the line services of the Depertment and other government offices 1-11:h regard to information and researches, and shall expand its capa~ili t y in the production and maintenance of maps , charts and similar photogrammetry and cartography materials . The Authority shall be responsible for conducting research oo remote sensing technologies such~;-- sateilCt-e imagery analysis, airborne multi - spectral scanning systems, a nd side-looking airborne radar; provide remote sensing. services and vital da ta on the environmen t, water resources, agriculture, and other information needed by other government agencies and the private sector; integra te all techniques of producing maps from the ground surveys co various combinations of remote sensing techniques in a cost e:feccive a~d acceptable manner ; aad the integration of geographic and related information to facilitate access to and analysis of data and its transformation into useful 1nformacioo for resource policy f ormulation, planning and management. lt shall be the central depository and distribution faci lity for natural resources data in the form of maps, statistics, text, chnrts, etc . stor~ on paper, film or computer compac.1ble media and shall operate in:o!'.'"m;:tt.1on $Pr-vf:-:P$ ;;nri oet,;,orks to facilitate transfer, sharing, access and dissemination of natural resource information in all regions and prov:nces of the coun:ry; establishment of a nationwide geodetic network of control points char serves as a common reference system for all surveys in the ' country and conduct hydrog~a?hic and coascal su~veys to produce the hydrog~aphic and nautical charts vital to sea aad water t =avel as well as the exploitation of our marine =esources; formulate and implement nationwide development program oo aerial photography, car~ography and remote sensing mapping ac~ivities; establ ish and implement technical standards and quality specifications on map product~oo and its reproduction; and provide photogramme try, cartog=aphic and remote seoslng mapping services in order to accelerate the deve:opment of a comprehensive data bank and information systems on base maps and char~s. Page 14 The NAHRIA shall be provided with policy directions by a five (S) member Board of Governors consisting of key officers with no less than t he rank of undersecretaries as follows: Department of Environment & Natural Resources - chairman Department of Agriculture - member Depart~ent of Public works & Highways - member Department of National Defense - member Department of Transportation & Communications - member The operations Administrator who Administrators. The sec:-e tary. and management of NAMRIA shall be vested shall be assisted by three ( 3) Administrator shall sit i n the Board in an Deputy as its (b) Natural Resources Development Coq>oracion. The existing Natural Resources Development Corporation (NRDC), shall be reorganized under the di rect supervision of the Secretary. l t shall be responsible primacily for promoting natural resource development and conservation through: (1) Direct involvement in pioneering bu t potentially viable production, use, and marketing ventures or projects using new/innovative technologies, systems, and strategies such as but not limited,-to stumpage sales system,- industrial ~orest plantations or logging operations, rattan tissue culture; provided, however , that activities which compete with the private sector shall be avoided except i n specific cases where the revenues of NRDC are earmarked for a specific local developmental or soc~al service. (2) ?inancing natural resource development projects undertaken by the private secto~ such as establishing industrial tree plantations, agro- forestry, small- scale mining and retooling of the natural resourca-based processing iodastt1es to ioprove their efficiency and compe ti tive□ess; to discharge these func ti.oos effectively, it is hereby authorized to generate funds through debt instruments :rom various sources, and innovative income generating strategies. The NRDC shall promote :he enhancement of forest reoewal rate through intensified Industrial Tree Plantation promotion including the provision of incidental services such as extension of assistance on equity/capital, credit line/ facilities, marketing and management. (c) The National Electri:ica:ioo Administration. The National Electrification Admi nistration (~~A) which is also attached to the Department shall be reorganized in order that it coo ef:ectively and efficiently act and operate as the principal implementing arm of the Department in matters of energy farming and aspects and cooponents of energy policies, programs and plans which can not be carr ied out by the private sector. The plans and programs of NEA shall be carried out in conformity with policies def i ned by appropria:e energy authorities. Page 15 SECTION 23. Detachment and Transfers. The follol.'iog offices and corporation at·tached t o the Department of Environment, Energy and Natural Resources by E.O. 131 are hereby detached and/or transf erred as follol.'s; (a) Manila Seedling Bank Foundation, I nc. is administrativel y detached from the De par tmeot. (b} Bureau of Energy Utilization , and (c) Bureau energy 1L of Energy Development are t r a nsferred to governing body pursuant to the Executive Order the appropriate pertaining to SECTION 24. Transitory Provisions. In accomplishing the acts of reorganizacio:n herein prescribed, the follo..,i ng transitory provisions shall be complied wich, unless otherwise provided elsewhere i n tbis Executive Order : (al ~he transfer of a governmen t unit shall include the functions, appropriations, funds , records, equipment, facilities, chosen ir. action, rights, other assets, and liabilities, if any, of the transferred unit as well as the personnel thereof, as may be necessary, who shall, io a hold-over capacity, continue to perform their respective duties and responsibilities and receive the correspondi~salariesand- benefits-:-- - Tho se .. personnel from the transferred unit whose pos itions a re not included in the Department's new posit:ion structure and staffing pacterc approved and prescribed by the Secretary or who are no t r eappoin t ed shall be deemed separated from the sen,1ce and shall be entitled to the beoefics provided in the second pa:agraph of Section 25 hereof. (b} The transfer of functions ~hich results in t he abolition of t he government unit that exerc ised them shall include the appropriations, funds, records, equipment, facilities, chosen i n action, righ t s, other assets and' per sonnel as may be necessary to the proper discharge of the transferred f unctions . The abolished unit' s remaining appropriatioos and funds, if any , shall revert to the General Fuod and its remaining assets, if any, shal l be allocated to such approp=iate uoits as the Secrecary shall determine or shall otherwise pe disposed io .ac:::o =da:ice t.ri th t.he Governme.n~ Audi ting Code and ot::ler per t:inent. laws, rules and regulat~oos . l ts liabilities, if any , shall l ikewise be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regula tions. I ts personnel shal l, in a bold-over capacity, continue to perform their duties aod respoos~bi lities and receive the corres ponding sala r ies and benefits . lts personnel whose positions are oot included in :he Department ' s structu=e and staffing pat:ern approved a nd prescribed by the Secretary under Section 25 hereof or wbo is not reappointed , shall be deemed separated f r om • the service and shall be entitled to the bene~ 1 :s provided in the second pa=agraph of the same Sec cion 25 . fr ' . Page 16 (c) Any t:ransfer of functions which does not result in the abolition of the government unit that has exercised them shal l include the appropriations, funds, recor-0s, equipment, facilities, chosen in action, rights, and assets and personnel as may be necessary to the proper discharge of the transferred functions. The liabilities, if any, that may have been iocurred lo connection ~ith the discharge of the transferred functions, shall be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. Such personnel shall, in a bold-over capacity, continue to perform their duties and responsibilities and receive the corresponding salaries aod benefits unless in the meantime they are separated from the service . Any personnel, ~hose posi~ions a~e not included in the Department's new position structure and staffing pattern approved and prescribed by the Secreta~y under Section 25 hereof or who is not reappointed, shall be deemed separated from the service and shall be entitled to :he benef 1 ts provided in :he second paragraph of the same Section 25. (d) l o case of the abolitiou of the government u~it which does not result in the transfer of its functi ons to another uni., the appropriations and tunes of the abol ished entity shall revert to cbe Genera l Fund, while the records, equipment, facilities, chosen in action , rights, and other assets thereof shall be allocated to such appropriate entities - as the Secre tary -shal:rde·termlo·e or shall - otherwise- oe disposed in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. The liabilities of the abolished units shall be treated io accordance with the Government Auditing Code and other pertinent laws, rules and regulations, while the per sonnel c.hereof, whose position, is not included l.n the Departmenc;s new posicion scruccure and stafting patte~n app roved and prescribed by the Secretary under Se,::tioo 25 he=eof o= ;.•ho has not been reappointed, shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of the same Sec tioo 25. (e) Io case of merger or consolidation of governmeot uniLs, the new or ~11,viving cc.ic sh~ll cxet'cisc ~he i uuctions (su bject to t.he reorganization herein prescribed and the laws, rules and regulations pertinent co the exercise of such f unctions) and shall acquire the appropriations, f unds, reco~ds, equipment, facilities , chosen in action, rights, other assets, liabilities, if any, and personnel, as may be necessary, of the units that compose the me=ged un~t shall, io fr a hold- over capaci ty, contioue to perform their respective duties and responsibili ties and receive the corresponding sal a=ies and benefits unless io the meantime they are separated from the service . Any such personnel, whose positions are oot ~ncluded in che Department's new position structure and staffing pattern approved aod prescribed by c~e Secretary under Section 25 hereof or who are oot rea ppoi~ted, shall be deemed separated from the service and shal l be entitl ed co the benefits provided io the second paragrapb of the same Section 25 . . . (f) Page 17 lo case of termination of a function which does not res~:t in the abolition of the government unit which pecf o·rmed such f unc t1on, the appropriations and funds in t ended to finance che discharge of such function shall revert t o the General Fund while the records, equiproeot, facilities, chosen i n action, r i ghts and other asse t s used in connection wi th the discharged of such function shall be allocated to the appropriate units as the Department shall determine o= shall otherwise be disposed in accordance with the Government Auditi ng Code and other pertinent laws, rule; aod regulations. The liabi lities, if any, that may have been incurred in connection with the discharge of such function shall likewise be treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulat i ons . The personnel who have performed such function, whose posi t ions are not incl uded i n the Department' s new posi t ion stt uc t ure and staffing pa ttero approved and prescribed by the Secre tary under Section 25 hereof or who have oot been reappointed, shall be deemed se;pa::-ated form the service and shall be entitled co the benefits provided in the second paragraph of the same Section 25 hereof. SECTION 25. Ne11 Str ucture and Pattern. Upon approval of this Executive Order, the officei:s- and employees of t he Department shall, in a hold- over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benef i ts unless in the meantime they a::-e separeted fc-orn government se rvice. The ne~ position structure and staffing pattern of the De partment shall be approved and prescribed by the Secretary within sixty (60) days from the effectivity of this Executive Order and the authorized positions created thereunder shall be filled with regul ar appointments by him or by the President as tbe case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated f rom the ser vice . Those separated from the secvi ce shall receive the reti rement benefics to which they may be em::itled under existing laws, rules and regulations . Otherwise, :hey shall be paid the equivalent of one (1) month basic salary for every year of service in the government, or a fraction thereof, computed on the basis of the highest salary received, but in no case such shall payment exceed the equivalen t of twelve (12) months salary. SECTION 26 . Periodic Performance Evaluation . The Department of Environmen: and Natural Resources is hereby requi red to fo rmulate and enforce a system of measuring and evaluating pe::-iodically and objectively the performance of che Department and submit che same annually to the President. SECTION 27. Notice or Consent Requirecent . If any reorganizational change herein authorized is ofsuch substance or materiality as co prejudice :hird persons with rights recognized by law or contract such chat notice :o or consent of credito=s is required to be made or obtained pursuant to any agreement e~tered into with a~y of such cred1cors, s uch oo:!ce or consent requirement shall be complied with prior to the implementation of such rcorgaaizacional change. Page 18 SECTION 28. Prohibition Against Structural Changes . No change in the reorganization herein prescribed shal.l be valid except upon prior approval of the President for the purpose of promoting efficiency and effectiveness 1n the delivery of public services. SECTION 29. Funding. Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Department. SECTION 30. Implementing Authority of the Secretary. The Secretary shall issue su::h ordei:s, rules and regula tionsand other issuances as may be necessary to ensure the effective implementation of the provisions of this Execu tive Order . SECTION 31. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as long as such remaining portions or p=ovisions can sci l l subsist and be given effecc in their entirety. SECTION 32 . Repealing Clause. Al l laws, ordinances, rules, reg~i?-tions aod other issuances or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly. SECTION 1-m-rnediate.ly. 33 . Effecti.-ity. This Execu~.ive Order sha.11 take effect APPROVED in the City of Manila, Philippines, this lOch day of June , in the Year of Our Lord, Nineteen Hundred and Eighty-Seven. By the ?resident A;~OYO g'!~~:ve Secretary