EXECUTIVE ORDER NO. 258 July 10, 1995

ESTABLISHING AND DELINEATING THE RESPONSIBILITIES OF THE NATIONAL POWER CORPORATION AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES OVER WATERSHEDS AND RESERVATIONS UNDER THE FORMER'S JURISDICTION AND CONTROL, AND RESTORING TO THE NATIONAL POWER CORPORATION JURISDICTION AND CONTROL OVER THE ANGAT WATERSHED RESERVATION

WHEREAS, Section 3(n) of Republic Act No. 6395 vests in the National Power Corporation (NPC) "complete jurisdiction and control over watershed areas surrounding the reservoirs of plants and/or projects constructed or proposed to be constructed by" the NPC;

WHEREAS, Executive Order No. 192 (1987) declares the Department of Environment and Natural Resources as the "sole agency responsible for the conservation, management, development and proper use of the country's natural resources within the forest lands including watershed reservations;"

WHEREAS, NPC continues to have jurisdiction over watershed areas adverted to in Section 3(n) of Republic Act No. 6395 as Executive Order No. 192 is a general law while the former is a special law;

WHEREAS, Executive Order No. 224 (1987) recognizes NPC's jurisdiction over said watershed areas; and

WHEREAS, there is a need to establish and delineate the respective responsibilities of the NPC and DENR over watersheds/reservations under the former's jurisdiction and control, for purposes of effective and closer policy and program coordination between said entities.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, hereby order as follows:

Sec. 1. Without limiting NPC's jurisdiction and control over watershed and reservations as adverted to in Sec. 3(n) of Republic Act No. 6395, as amended, and Executive Order No. 224 (1987), the responsibilities of NPC and DENR with respect to said watersheds and reservations are hereby established, in order to assure effective and closer policy and program coordination:

NPC shall:

1. Prepare, in consultation with the DENR and other concerned agencies, comprehensive management, protection, development and rehabilitation plans and programs for said watersheds and reservations which shall include the resettlement and/or relocation of occupants/settlers thereof;

2. Enforce forestry and other pertinent laws as well as rules and regulations implementing the same within said watersheds and reservations;

3. Confiscate and take custody of forest products illegally cut, harvested or collected from said watersheds and reservations and dispose of the same through appropriate disposal procedures under existing laws, rules and regulations;

4. Identify areas within such watersheds and reservations requiring immediate rehabilitation and development;

5. Formulate and implement measures to promote the protection, development, rehabilitation and conservation of the forest cover and prevent siltation of existing reservoirs;

6. Establish and manage tree farms/industrial forest plantations in said watersheds and reservations for the production of electric line poles;

7. Secure appropriate clearance from the DENR before allowing any cutting, harvesting and utilization of timber and other forest products from said watersheds and reservations;

8. Undertake public education and information drives to create awareness among the populace on the importance of forest resources and watersheds;

9. Conduct watershed characterization surveys and undertake other activities that will ensure the effective management, protection, development and rehabilitation of said watersheds and reservations.

DENR shall:

1. Assist NPC in the formulation and implementation of comprehensive plans and programs relative to the management, protection, development and rehabilitation of said watersheds and reservations;

2. Assign technical advisory teams to assist NPC in the management, protection, development and rehabilitation of said watersheds and reservations;

3. Provide technical assistance to NPC in the establishment and development of tree farms or industrial forest plantations within said watersheds and reservations;

4. Assist NPC in the conduct of public education and information drives to create awareness among the populace on the importance of forest resources and watersheds; and

5. Provide technical assistance to NPC in the conduct of watershed characterization surveys.

Sec. 2. NPC's jurisdiction and control over the Angat Watershed Reservation is hereby restored. Accordingly, NPC shall be responsible for its management, protection, development and rehabilitation in accordance with the provisions of Sec. 3(n) of Republic Act No. 6395, as amended, Sec. 2 of Executive Order No. 224 and the preceding Section.

Sec. 3. Executive Order No. 162 (1994) is hereby revoked. Any and all orders, rules and regulations or parts thereof inconsistent herewith are hereby amended or modified accordingly. lawphi1.net

Sec. 4. This Order shall take effect immediately. lawphi1.net

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

DONE in the City of Manila this 10th day of July in the year of Our Lord, Nineteen Hundred and Ninety-Five.


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