(NAR) VOL. 15 NOS. 3-4 / OCTOBER - DECEMBER 2004
SECTION 1. Assumption of NPC's Financial Obligations by the National Government. - Pursuant to Section 32 of the EPIRA, the National Government shall directly assume a portion of the financial obligations of the NPC in an amount not to exceed Two Hundred Billion Pesos (P200,000,000,000.00) beginning on 31 December 2004, in accordance with a schedule to be approved by the Development Budget Coordination Committee.
SECTION 2. Lead Agency.- The Department of Finance (DOF), in consultation with the Department of Budget and Management (DBM) and the Commission on Audit (COA), shall address and resolve all issues relating to the assumption by the National Government of NPC's financial obligations as provided in Section 1 hereof, including, but not limited to:
- identification of specific debts to be assumed and determining the levels of annual debt absorption;
- the arrangements between PSALM Corp., NPC and the National Government;
- the proper treatment and recording of the transactions in the books of account of the National Government and NPC; and
- the implementation of the assumption by the National Government of NPC's financial obligations.
For this purpose, the DOF may call upon the DBM, the Department of Energy, the NEDA, and any other agency of the Government for such assistance as may be necessary in the performance of its functions as provided herein. All heads of departments, agencies, bureaus and offices, including government-owned or controlled corporations, are hereby enjoined to render full assistance and cooperation to the Secretary of Finance and provide such information and data as may be required to carry out and implement the provisions of this Order.
SECTION 3. Signing Authority - The Secretary of Finance is hereby authorized to enter into, conclude and sign, for and on behalf of the National Government, such agreements, deeds, and any and all other documents necessary to implement, and to render valid and enforceable, the assumption by the National Government of NPC's financial obligations in accordance with this Order.
In relation to any financial obligation of NPC directly assumed by the National Government, the DOF shall have full authority and discretion to determine in each instance the specific modality for giving legal effect to the assumption of liability by the National Government, so long as the ultimate financial responsibility for the payment of such financial obligation of NPC rests with the National Government.
SECTION 4. This Executive Order shall take effect immediately after its publication in a newspaper of general circulation.