(NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996; 92 OG No. 22, 3413 (May 27, 1996)
WHEREAS, there is a need to adopt urgent and
effective measures to address the nationwide water
crisis;
WHEREAS, the urgency of the adoption of such
measures was recognized by Congress thru Republic Act No. 8041, also
known as the National Water Crisis Act of 1995, which mandates the
Government to address the issues relating to the water
crisis;
WHEREAS, R.A. No. 8041 authorizes the
President:
(a) to enter into negotiated contracts for
projects to be implemented under Build-Operate-Transfer and/or related
schemes for a period of one (1) year after the effectivity of R.A. No.
8041, or until 15 July 1996, and
(b) to revamp the
executive leadership and reorganize the Metropolitan Waterworks and
Sewerage System (the "MWSS"), including the privatization of any or all
of its segments, operations or facilities, if necessary to make them
more effective and innovative to address the looming water
crisis;
WHEREAS, it is the policy of the State to
encourage the private sector, as the nation's main engine for growth and
development, to engage or undertake the financing, construction,
operation and maintenance of infrastructure and development projects,
including those involving water supply and
sewerage;
WHEREAS, the reorganization of the MWSS
pursuant to Executive Order No. 286 dated 6 December 1995, which was
issued pursuant to Republic Act No. 8041, was deemed to be consistent
with the Administration's framework for governance, having been
designated to streamline and correct dysfunction in the structure and
operation of the MWSS to enable the latter to become more effective,
efficient, and responsive to the country's need for potable water, as
well as to prepare the ground work for its eventual privatization, where
feasible;
WHEREAS, under E.O. No. 286, series of
1995, the reorganization of the MWSS is to be undertaken in the context
of the Administration's framework of governance, with the National
Government encouraging the private sector to participate in the delivery
of the public goods through franchising, concession, management,
privatization, or other arrangements of MWSS' operations or
facilities;
NOW, THEREFORE, I, FIDEL V. RAMOS,
President of the Republic of the Philippines, by virtue of the powers
vested in me by Republic Act No. 8041, otherwise known as the National
Water Crisis Act of 1995, do hereby order:
a.
The Metropolitan Waterworks and Sewerage System (MWSS) shall enter into
arrangements that will result in the involvement or participation of
the private sector in any or all of the segments, operations, and/or
facilities of the MWSS.
b. The involvement or
participation of the private sector may include, but shall not be
limited to: (i) franchising, concession, management, or other
arrangements; (ii) privatization; or (iii) contracts for projects to be
implemented under Build-Operate Transfer (BOT) and/or related schemes
for the financing, construction, repair, rehabilitation, improvement,
and operation of water facilities and projects related to
consumers.
The MWSS may carry out its
responsibilities under this Executive Order, subject to approval of the
President, pursuant to any of the
following:
(i) The provisions of R.A. 8041
(National Water Crisis Act of 1995);
(ii)
Proclamation No. 50, as amended, and its related statutes and
implementing rules and regulations, for which purpose the inclusion of
the MWSS in the list of government-owned or controlled corporations for
retention under Executive Order No. 37 is hereby
revoked;
(iii) Republic Act No. 6957, as amended by
Republic Act No. 7718, and its implementing rules and
regulations;
(iv) Such other laws, rules, orders,
and/or proclamations as the MWSS may deem
appropriate.
All executive issuances,
orders, rules and regulations, and/or similar issuances inconsistent
with this Executive Order are hereby revoked, amended or modified
accordingly.
This Order shall take effect
immediately.
Adopted: 20 March
1996
(SGD.)
FIDEL V. RAMOS
President of the
Philippines
By the
President:
(SGD.) RUBEN D.
TORRES
Executive Secretary