Draft Executive Order na ginawa ng TWG para kay Pnoy

MALACAÑANG

MANILA

By the President of the Philippines

EXECUTIVE ORDER No. _____

REVOKING EXECUTIVE ORDER NO. 854, S. 2009, AND REINSTATING PRESIDENTIAL PROCLAMATION NO. 704, S.1995 AND PROCLAMATION NO. 1160, S. 2006

WHEREAS, the issuance and implementation of Executive Order No. 854, Series of 2009 which effectively revoked Proclamation No. 704 dated 28 November 1995, and Proclamation No. 1160 dated 17 October 2006, had caused serious repercussions in the socialized housing area covered by such proclamations, subjecting the settlers therein to a possible eviction;

WHEREAS, the issuance of Executive Order No. 854 was premised on the verified findings by the Department of Environment and Natural Resources (DENR) that the area covered by Proclamation No. 704, Series of 1995 was no longer feasible for socialized housing purposes and made it susceptible to heavy flooding during rainy days;

WHEREAS, the DENR, in its updated and current study, revealed that the socialized housing area covered by Proclamation No. 704 remains suitable for habitation, given the proper adoptable engineering solutions to be implemented in order to sustain the continued occupancy of the present dwellers in the said area;

WHEREAS, this development gives rise to a situation wherein the conditions and/or circumstances upon which Executive Order No. 854 are no longer present, thus, warranting the need to revisit and examination the further implementation of Executive Order No. 854;

NOW, THEREFORE, I, BENIGNO SIMEON C. AQUINO III, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:

Section 1. Revocation of Executive Order No. 854, Series of 2009. Executive Order No. 854, entitled “Revoking Proclamation No. 704, S. of 1995 And Proclamation No. 1160, S. 2006, And Establishing A Task Force To Formulate And Implement A Comprehensive Rehabilitation Plan For The Napindan Channel, Lupang Arenda And Manggahan Floodway” is hereby revoked.

Section 2. Mandatory Report of the Task Force. The Task Force created under Section 3 of EO 854 is hereby directed to submit to the President of the Philippines, a full and detailed report pertaining to the Two-(2) Year Comprehensive Rehabilitation Plan that was supposed to have been undertaken in the implementation of EO 854, within thirty (30) days from effectivity.

Section 3. Repealing Clause. All administrative orders, rules and regulations inconsistent with the provision of this Executive Order are hereby repealed or modified accordingly.

Section 4. Separability Clause. If any part of this Executive Order is deemed contrary to law, the same shall not invalidate the entirety thereof, and the unaffected provisions shall remain in full force and effect

Section 5. Effectivity. This Executive Order shall take effect immediately.

Done in the City of Manila this ___ day of ________ in the Year of Our Lord, Two Thousand and Eleven.

By the President:

PAQUITO OCHOA

Executive Secretary

Pagkakaisa ng mga taga Arenda

DILG-Technical Working Group REport

LUPANG ARENDA AND MANGGAHAN FLOODWAY

DILG-Technical Working Group Report to President Noynoy Aquino dated 02 May 2011

Recommendation:

Revoke Executive Order 854 (EO 854) and return the effectivity of Presidential Proclamations Nos. 704 and 1160. Pursuant to this, NHA should continue awarding lots to qualified beneficiaries and the LGUs, DENR, Philippine Institute of Volcanology and Seismology (PHIVOLCS), and the Laguna Lake Development Authority (LLDA) should regulate the type of construction in the designated areas and ensure the observance of easements.

There are around 100,000 informal settler families affected by EO 854.
As background, Presidential Proclamation No. 704, issued in 1995 by former President Fidel V. Ramos, set aside a portion of public land located at Sitio Tapayan, Barangay Sta. Ana in Taytay, Rizal for socialized housing, targeted for those living on the banks of the Pasig River and declaring the same open for disposition in their favor.

On the other hand, Proclamation No. 1160, signed in 2006 by former President Gloria Macapagal-Arroyo, reserved 20 parcels of land at the Manggahan Floodway Complex in Pasig City for the construction of a medium-rise, socialized, and low-cost housing project for the landless and homeless employees of the provincial government of Rizal.

According to reports, there were no structures or establishments that were washed out within the area covered by Proclamation No. 704, when Typhoon Ondoy struck in 2009.
The area that was flooded during Ondoy and alleged as the reason for obstructing water flow is a community called Purok 8 in Lupang Arenda. Purok 8, although part of Lupang Arenda, is not within the part of the proclaimed site. Said community is now totally abandoned and, hence, does not need to be relocated.

The whole proclaimed site is protected by the Metro Manila Flood Control Project (i.e. lakeshore dike). The realignment of the dike to protect the whole proclaimed site was provided for through the Memorandum of Agreement of 2003 entered into and by the concerned national government agencies, which the President Gloria Arroyo was well aware of.

In issuing the revocation of Proclamation Nos. 704 and 1160 through EO 854, former President Arroyo used as basis the findings of the DENR, which showed that the area covered by Proclamation No. 704 is no longer feasible for socialized housing due to its susceptibility to heavy flooding during rainy season. She likewise heeded the recommendation of the HUDCC that the government should the affected 5,000 informal settler families are determined since the actual zonal value will depend on the district where they are located.

Refrain from constructing structures at the Manggahan Floodway Complex due to geo-hazards.
At present, there are already structures along the coastline of the Laguna Lake such as dikes and other infrastructures. Considering the presence of such structures, the 12.5 meters elevation, which are considered to be part of the Laguna Lake and are pronounced to be dangerous areas, are no longer applicable.

While it may be assumed that the proclaimed site lies below the 12.5 water level set by the LLDA, it is not this situation that caused the flooding within the proclaimed site during the typhoon Ondoy.

The real cause of the flooding was due to the unfinished portion of the dike near the pumping station, where the lake water passes through. The areas mentioned in the EO 854 such as Purok 8 in Lupang Arenda are no longer occupied. Thus, there is no threat to human lives if flooding occurs. In addition, the Department of Public Works and Highways (DPWH) has just bid two rehabilitation projects to repair the small damaged portion of the road dike.

Further, there are current and on-going studies that state that the areas mentioned in EO 854 are habitable. With the proper adaptive engineering solutions, the said areas can possibly sustain the continuous habitation of the families that are located in the affected areas.

The passage of EO 854 is being questioned as to its effects and consequences on the part of the families that are affected by the relocation from the areas mentioned therein.

A careful perusal of the EO 854 shows that the said Order was based on a reaction to Typhoon Ondoy’s occurrence, which was made without a thorough factual and technical evaluation and the necessary coordination with the families affected by its passage.

The Mines and Geosciences Bureau (MGB), PHIVOLCS, DPWH, NHA, and the LGUs of Taytay and Cainta are all agreed that communities must observe the easements in order to keep their families safe and at the same time to avoid contributing to the clogging and pollution of the entire stretch of the waterways that lead to Metro Manila cities. On the other hand, the leaders of communities and NGOs along these banks agree that many will have to be relocated elsewhere but at the same time, they are proposing that engineering solutions for housing designs should be looked into, especially for those that are in areas that are considered highly dangerous.

The TWG recommends that EO 854 be amended, revoked or repealed by a new Executive Order, the exercise of which is within the executive prerogative of the President as the head of the Executive Department.