MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
[ EXECUTIVE ORDER NO. 143, July 02, 2021 ]
CREATING THE ENERGY VIRTUAL ONE-STOP SHOP TASK GROUP, PROVIDING ITS FUNCTIONS, AND FOR OTHER PURPOSES
WHEREAS, Republic Act (RA) No. 11234 or the "Energy Virtual One-Stop Shop [EVOSS] Act," established the EVOSS, an online platform under the supervision of the Department of Energy (DOE) that enables a coordinated submission, and synchronous processing, of data and information relative to applications for energy projects;
WHEREAS, it is a declared policy of the State under RA No. 11234 to ensure the quality, reliability and security of energy at a reasonable cost, to ensure transparency and accountability in the approval process, and to deliver efficient and effective service to the public through: (i) the timely completion of energy projects by eliminating duplication, redundancy and overlapping mandates in documentary submissions and processes by supplying an online platform for government agencies to coordinate and share information; and (ii) a paperless and electronic application and processing system which serves as a single gateway through which proponents can access all information necessary in the application for a new generation, transmission or distribution project, submit all requirements related to the application, and monitor the approval of such application;
WHEREAS, the EVOSS Steering Committee, the inter-agency body created by RA No. 11234 which was tasked to streamline the process flow of the permitting process for energy-related projects and to set up the EVOSS, was dissolved by operation of law on 30 March 2021, or two (2) years from the effectivity of RA No. 11234;
WHEREAS, it is imperative to sustain the momentum and continuity of the initiatives under RA No. 11234 relative to the streamlining of the permitting and licensing processes and requirements for energy projects, towards the full establishment and operationalization of the EVOSS;
WHEREAS, the continued implementation of RA No. 11234 is aligned with RA No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act," in which the State declared it as a policy to maintain a program for the adoption of simplified requirements and procedures that will reduce red tape and expedite transactions with the government; and also with the updated Philippine Development Plan 2017-2022, which aims to fast track the implementation of infrastructure projects to improve power generation, institute reforms in the policy and regulatory frameworks, and enhance the country's e-government system as a vital tool for good governance;
WHEREAS, the EVOSS Steering Committee, prior to its dissolution and with the recommendation of the DOE, passed Resolution No. 2021-03-003, endorsing the creation of an EVOSS Task Group to oversee the continued implementation of the initiatives under RA No. 11234; and
WHEREAS, Section 17, Article VII of the Constitution provides that the President shall have control over all the executive departments, bureaus and offices, and shall ensure the faithful execution of laws;
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:
Section 1. Creation of the EVOSS Task Group. The EVOSS Task Group (ETG) is hereby created to oversee the continued implementation of RA No. 11234 and its Implementing Rules and Regulations.
Section 2. Composition. The ETG shall be composed of the following agencies and entities.
Chairperson:
Office of the President;
Vice-Chairperson:
Secretary, DOE;
Members:
Secretary, Department of Agriculture;
Secretary, Department of Agrarian Reform;
Secretary, Department of Environment and Natural Resources;
Secretary, Department of the Interior and Local Government;
Secretary, Department of Information and Communications Technology;
Chairperson, Energy Regulatory Commission;
Chairperson, National Commission on Indigenous Peoples;
Executive Director, National Water Resources Board;
President or Chief Executive Officer, Market Operator;
President or Chief Executive Officer, System Operator and Transmission Network Provider; and Designated representatives from the power generation, transmission and distribution sectors nominated by the sector concerned and chosen by the DOE Secretary; provided, that the said representatives shall be non-voting members; provided, further, that the sector representatives not appointed by the DOE Secretary shall be considered as resource persons of the ETG.
The ETG may invite representatives from other government agencies, instrumentalities, local government units (LGUs), government-owned or -controlled corporations (GOCCs) and private entities, provided that their involvement in the permitting and licensing process for energy projects is necessary for the effective implementation of this Order.
Section 3. Functions. To the extent permitted by RA No. 11234, the ETG shall exercise the same powers and functions as the EVOSS Steering Committee under Section 11 of the said law. Consistent with the foregoing, the ETG shall exercise the following additional functions:
a) Streamline the processes and requirements of the government agencies, instrumentalities, LGUs, GOCCs and private entities involved in energy projects;
b) Ensure the increasing operationalization of the EVOSS, including the integration of the process flow of agencies or entities in the EVOSS, interoperability of their existing systems with the EVOSS, and establishment of the online payment system, among others;
c) Ensure compliance with the time frames under RA No. 11234, and continually review the permitting and licensing processes for energy projects to increase efficiency and reduce processing times;
d) Ensure compliance with the provisions of RA No. 11234 relative to the "deemed approved" status of completed applications that were not acted upon by the concerned bureaus, offices and agencies, both national and local;
e) Monitor and assess the performance of the EVOSS; and
f) Promulgate guidelines and rules necessary for the effective implementation of this Order.
The Chairperson and Vice-Chairperson of the ETG shall exercise the duties and responsibilities under Sections 8 and 9, respectively, of RA No. 11234, to the extent permitted by the said law.
Section 4. Secretariat. The ETG shall be supported by a Secretariat from the Investment Promotion Office (IPO) of the DOE, which shall provide technical, operational and administrative support.
Section 5. Cooperation of other Agencies and Entities. All other government agencies and instrumentalities, including GOCCs, are directed to render the necessary assistance to the ETG, including participation in the meetings, deliberations and/or proceedings thereof, for the effective implementation of this Order.
The private sector is enjoined to participate in the meetings, deliberations and/or proceedings of the ETG when requested.ℒαwρhi৷
Section 6. Relationship with the Anti-Red Tape Authority. The ETG and the Anti-Red Tape Authority (ARTA) shall assist each other in the fullfillment of their respective mandates, with due regard to RA No. 11032 as the general law with respect to the streamlining of processes in government agencies, and RA No. 11234 as the special law with respect to processes related to energy projects. Towards institutionalizing this collaborative relationship, the ETG and ARTA may enter into formal arrangements detailing the scope and limitations of their patnership. The ETG may also provide ARTA with a regularly-updated list of processes already covered by the EVOSS, and those that are being streamlined in preparation for inclusion in the EVOSS.
Section 7. Reportorial Requirements. The ETG shall submit to the Office of the President an annual report on the implementation of RA No. 11234 and this Order.
Section 8. Funding. The funding requirements for the implementation of this Order shall be charged against available appropriations of the DOE, and if necessary, such other appropriate funding sources as the Department of Budget and Management may identify, subject to relevant laws, rules and regulations.
Section 9. Sanctions. Failure to comply with the provisions of this Order shall be a ground for administrative and disciplinary sanctions against any erring public officer or employee, as provided under existing laws and regulations, without prejudice to criminal, civil or other related liabilities under existing laws.
Section 10. Separability. If any provision of this Order is declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.
Section 10. Repeal. All issuances, rules and regulations or parts thereof which are contrary to or inconsistent with the provisions of this Order are hereby repealed, modified or amended accordingly.
Section 12. Effectivity. This Order shall take effect immediately.
DONE, in the City of Manila, this 2nd day of July, in the Year of our Lord, Two Thousand and Twenty One.
(SGD.) RODRIGO ROA DUTERTE
By the President:
(SGD.) SALVADOR C. MEDIALDEA
Executive Secretary
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