Executive Order No. 62, s. 2011

Link to law: http://www.gov.ph/2011/10/26/executive-order-no-62-s-2011/
Published: 2011-10-26

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MALACAÑANPALACE
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 62

TRASFERRING THE LOCAL WATER UTILITIES ADMINISTRATION (LWUA) FROM THE DEPARTMENT OF HEALTH TO THE DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH)

WHEREAS, Presidential Decree No. 198, as amended, established LWUA which is currently attached to the Department of Health (DOH) by virtue of Executive Order (EO) No. 738 (s. 2008);

WHEREAS, there is a need for a concerted and well-coordinated effort in formulating policies as well as planning and implementing programs and projects for the water sector;

WHEREAS, the Metropolitan Waterworks and Sewerage System (MWSS) was created by virtue of Republic Act No. 6234, as amended, and is currently attached to the DPWH by virtue of Executive Order No. 124 (s. 1987);

WHEREAS, DPWH is mandated to ensure that the planning, design, construction and maintenance of infrastructure facilities such as national highways, flood control and water resource development systems, are in accordance with the highest level of safety and efficiency and in line with the overall national development objectives;

WHEREAS, EO No. 279 (s. 2004) and EO No. 421 (s. 2005) provide that a representative from the DOF shall be one of the three National Government Trustees in the LWUA Board;

WHEREAS, DOH representation in the LWUA Board of Trustees is sufficient for continuing oversight on the water and sanitation sector with respect to health concerns; and,

WHEREAS, under Section 31, Chapter 10, Title III, Book III of the Administrative Code of 1987, the President has the continuing authority to reorganize the administrative structure of the Office of the President.

NOW THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order and direct:

SECTION 1. Transfer of LWUA to DPWH. LWUA is hereby transferred from DOH to DPWH.

SECTION 2. Authority to Exercise Administrative Supervision. DPWH is hereby authorized to exercise administrative supervision over LWUA and shall continue to implement reforms, including but not limited to those established under EO No. 279 and EO No. 421, to ensure efficient flow of resources into the sector, thereby facilitating the implementation of projects therein.

SECTION 3. National Government Trustees. The Secretaries of Finance, Public Works and Highways, and Health, serving in ex officio capacity, shall sit as Members of the LWUA Board of Trustees representing the National Government. The foregoing ex officio members may designate their respective alternates who shall be officials next-in-rank, and whose acts shall be considered the acts of their principals. In no case shall the alternate be lower in rank than Assistant Secretary.

SECTION 4. Creation of an Inter-Agency Committee on the Water Sector. The Secretary of Public Works and Highways, as Lead, shall convene the Inter-Agency Committee on the Water Sector which is hereby tasked to design and recommend to the President a water sector master plan which will effectively address all the issues and concerns of the water sector. The Committee shall likewise recommend to the President the appropriate organizational structure of all concerned agencies for the effective implementation of the water sector master plan.

The National Economic and Development Authority (NEDA), Department of Budget and Management (DBM), Department of the Interior and Local Government (DILG), the Office of the President (OP) and such other concerned agencies shall form part of the Inter-Agency Committee on the Water Sector.

SECTION 5. Rules and Regulations. DPWH, in consultation with the concerned agencies, shall formulate the Implementing Rules and Regulations (IRR) for the effective implementation of this Executive Order.

SECTION 6. Repeal. All orders, rules, regulations, and issuances, or parts thereof, which are inconsistent with the provisions of this Executive Order, are hereby repealed or modified accordingly.

SECTION 7. Separability. If any provision of this Executive Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 8. Effectivity. This Executive Order shall take effect immediately upon publication in a newspaper of general circulation.

DONE, in the City of Manila, this 26th day of October, in the year of our Lord Two Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III

By the President:

(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary