Executive Order No. 904, s. 2010

Link to law: http://www.gov.ph/2010/06/29/executive-order-no-904-s-2010/
Published: 2010-06-29

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MALACAÑANG

MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 904

CREATING AND DESIGNATING THE MUNICIPALITY OF SAN JUAN, PROVINCE OF BATANGAS, AS A PRIORITY AREA FOR TOURISM DEVELOPMENT PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 1801, ESTABLISHING CERTAIN PORTIONS THEREOF AS FOREST RESERVATION, AND AUTHORIZING A TOURISM TASK FORCE TO OVERSEE THE SUSTAINABLE DEVELOPMENT OF TOURISM IN THE AREA

WHEREAS, the Department of Tourism has identified the Municipality of San Juan in the Province of Batangas as a priority area of Tourism Development under the Philippine Tourism Master Plan;

WHEREAS, the whole Batangas Coastline was declared as a Tourist Zone and Marine Reserve under Presidential Proclamation No. 1801 dated November 10, 1978;

WHEREAS, under Presidential Proclamation No. 1801, the Philippine Tourism Authority was tasked to delineate within the tourist zone areas with potential tourism values and coordinate the integrated development of these areas for the optimum use of natural assets and attractions, as well as existing facilities;

WHEREAS, Republic Act No. 7916 identifies the Municipality of San Juan as potential Special Economic Zone;

WHEREAS, there is a need to effect the preservation of certain portions of the foreshore area of the properties in the Municipality of San Juan and to introduce and maintain suitable and appropriate facilities to conserve and maximize the site’s tourism potential;

WHEREAS, pursuant to Presidential Decree No. 705, otherwise known as the Revised Forestry Code of the Philippines, as amended, the President of the Philippines may establish within any lands of the public domain, forest reserve and forest reservation for the national park system, for preservation as critical watersheds, or for any other purpose;

WHEREAS, the Philippine Tourism Authority (PTA) under Presidential Decree No. 564, series of 1973, is the government agency mandated by law to develop and preserve areas with tourism potential, or those devoted or currently in use as a tourism facility;

WHEREAS, the Philippine Retirement Authority (PRA) under Executive Order No. 1037, series of 1985, is a government-owned and controlled corporation whose mandate is to attract foreign nationals and former Filipino citizens to invest, reside and retire in the Philippines, and to make the Philippines the preferred retirement destination in Asia.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Declaration of Policy. – It is hereby declared the policy of the State to ensure the sustainable development of the Batangas Coastline as a priority tourism destination. To this end the government shall plan, undertake, and cause the implementation of support projects and programs to preserve the attractiveness of the Batangas Coastline and adjoining areas as a tourism destination.

SECTION 2. Creation of a Special Tourism Zone. – Subject to the terms and conditions of this Order, the Municipality of San Juan, Province of Batangas, is hereby declared a Special Tourist Zone and shall be known as the San Juan Priority Tourism Area or “SJPTA”.

SECTION 3. Establishment of a Forest Reservation. – There is hereby established a Forest Reservation on certain parcels of land of the public domain situated in the Municipality of San Juan, Batangas to be identified and delineated by the Forest Management Bureau (“FMB”) and administered jointly by the FMB and SJPTA Task Force for the purpose of protecting and developing the scenic beauties of this reservation. Other uses of the forest including eco-tourism activities may be authorized as will not interfere with the above purposes.

SECTION 4. Creation of Task Force to Oversee the Development of SJPTA. – To ensure the effective implementation of the above-stated policy, the SJPTA Task Force is hereby created.

SECTION 5. Composition of the SJPTA Task Force. – The SJPTA Task Force shall be composed of the following:

PTA Representative

PEZA Representative

PRA Representative

Eminent Person from the 4th District of Batangas

Representatives from:

Office of the Mayor of San Juan, Batangas

Resort Owners

Chamber of Commerce or equivalent group or body

SECTION 6. Powers, Functions and Responsibilities. – The SJPTA Task Force shall have the following powers, functions and responsibilities:

a) Formulate and implement a Master Plan for SJPTA;

b) Ensure compliance to zoning restrictions per Master Plan;

c) Ensure the availability of infrastructures and social services necessary for the development of SJPTA;

d) Appoint or contract with an appropriate private sector entity to whom such appropriate powers, functions and responsibilities may be delegated in order to facilitate, manage, regulate and ensure the effectual implementation of the Master Plan;

e) Enforce rules and regulations as may be necessary to ensure compliance with the requirement of SJPTA’s sustainable development;

f) Advocate to the people of Batangas, to their elected officials in the barangay, municipal and provincial levels and to the national government, the policies that will foster the sustainable development of the SJPTA;

g) Coordinate with local government units and exercise general supervision over the development, plans, activities and operations within the SJPTA;

h) In coordination with local government units concerned and appropriate agencies, to construct, acquire, own, lease, operate and maintain on its own or through contract, franchise, license, bulk purchase from the private sector and build-operate-transfer scheme or joint venture, adequate facilities and infrastructure, such as light and power systems, water supply and distribution systems, telecommunications and transportation, buildings, structures, warehouses, roads, bridges, ports and other facilities for the operation and development of the SJTA;

i) Prioritize the major projects of the SJPTA as may be consistent with the plans for sustainable development;

j) Register, regulate and supervise the enterprises in the SJPTA in an efficient and decentralized manner;

k) Coordinate enterprises within the SJPTA which may be necessary to the sustainable development of SJPTA;

l) Cause the proper land use projects and practices for SJPTA;

m) Ensure and promote measures on environmental protection, ecotourism and sustainable development within the SJPTA;

n) Facilitate and monitor the implementation of projects for the development of the SJPTA;

o) Undertake issue resolution, including delineation of functions of concerned agencies to support the SJPTA;

p) Facilitate and conduct investment promotional activities to encourage local and foreign investors in the SJPTA in coordination with various concerned agencies; and

q) Consult with the local government units concerned and interest groups in the localities to ensure that the community’s needs, concerns and ideas are considered in the planning, development and monitoring of the SJPTA.

SECTION 7. Secretariat and Administrative Support. – The PTA shall provide administrative and technical support to the SJPTA Task Force.

SECTION 8. Assistance From Other Agencies. – The Department of Environment and Natural Resources is hereby directed to permanently assign at least 2 employees to monitor the developments within the SJPTA and ensure compliance with laws, rules and regulations affecting the environment.

The SJPTA Task Force may call upon any government agency, office or bureau for assistance in the discharge of its functions.

SECTION 9. Submission of Report. – The SJPTA Task Force shall submit quarterly reports of its activities to the Office of the President.

SECTION 10. Credit Facilities. – Subject to existing laws, rules and regulations, the Development Bank of the Philippines and the Land Bank of the Philippines are hereby directed to make available credit facilities in sufficient amount to eligible borrowers, which will be used for the construction and development of tourism enterprises within the SJPTA.

SECTION 11. Separability Clause. – Any portion 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 provisions can still subsist and be given effect in their entirety.

SECTION 12. Repealing Clause. – All orders, rules, regulations and issuances, or parts thereof, which are inconsistent with this Executive Order, are hereby revoked, amended or modified accordingly.

SECTION 13. Effectivity. This Executive Order shall take effect immediately.

DONE in the City of Manila, this 29th day of June in the year of Our Lord, Two Thousand and Ten.

(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

By the President:

(Sgd.) LEANDRO R. MENDOZA

Executive Secretary

Source: Malacañang Records Office

Office of the President of the Philippines. (2010). [Executive Order Nos. : 831 – 910]. Manila : Malacañang Records Office.