Altermidya
In 2013, the power to approve reclamation projects was delegated from the PRA Board to the NEDA Board via Aquino’s Executive Order No. 146. The order cited that “there is a need to ensure that reclamation initiatives or projects are coordinated and integrated at the national and regional levels of development planning and programming, consistent with established national priorities of the government, and synchronized with development planning, programming, and budgeting.”
Literal said applications “lag” with the PRA as the recommending body and proponents do not want to push the approval with NEDA because of the composition of the NEDA Board. It’s difficult to get projects approved with the NEDA Board because a lot of secretaries are members, he added.
“Perhaps, they (proponent agency and private entities) fear the challenges involved in presenting or evaluating the project before the NEDA board. So, I believe that’s a significant issue or aspect of obtaining approval through NEDA that has become somewhat challenging for project proponents,” the lawyer said.
The NEDA Board includes the president along with heads of several other agencies like the Department of Budget and Management, Department of Finance, Department of Energy, Department of Public Works and Highways and many more.
Aside from other requirements, projects should only be approved if it has secured an Area Clearance and ECC from the DENR as reiterated in EO 74, so the AC and ECC are crucial.
While Duterte’s EO delegated the power of the president to approve reclamation projects to the PRA Governing Board it maintained the president’s authority to “modify, amend, or nullify the actions of the PRA Governing Board.”
Fisherfolk group Ang Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) believes that Duterte’s authority expanded to accommodate more developers because of the transfer of PRA under his office.
“The approval of projects became broader and faster when they were transferred to Duterte, and PRA has practically done nothing but announce areas where reclamation is possible, so developers keep applying,” said Pamalakaya Chairperson Fernando Hicap.
Environmental lawyer Atty. Antonio La Viña said that the round-robin of PRA’s authority reflects how the government has no consistency when it comes to development projects and fulfilling its role as duty-bearers in protecting the environment.
“No wonder you have this problem. There is no predictability, no consistency, no institutional record of how decisions are made,” said La Viña.
