[ EXECUTIVE ORDER NO. 217, June 17, 2003 ]
CREATING THE NATIONAL TASK FORCE DIWALWAL
WHEREAS, pursuant to Section 2, Article XII of the Philippine Constitution, all minerals and other natural resources are owned by the State and that the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State;
WHEREAS, an area of particular concern for the government is the Diwalwal Mineral reservation area in Monkayo, Province of Compostela Valley, where activities of thousands of informal miners, conducting operations without the required permits from the DENR and the Mines and Geosciences Bureau for many years, have resulted in massive ecological degradation of the area and its immediate environs;
WHEREAS, the DENR had issued Department Administrative Order (DAO) No. 2002-18 last August 12, 2002 declaring an Emergency Situation in the Diwalwal Gold Rush Area; ordered the stoppage of all mining operations therein; and provided for Interim Guidelines to address the critical environmental and social consequences resulting therefrom;
WHEREAS, the Office of the President had in the meantime issued Proclamation No. 297 last November 25, 2002 excluding an area consisting of 8, 100 hectares to exclude the Diwalwal mining areas and the Mabatas area from the coverage of Proclamation No. 369 dated February 27, 1931; declaring the same as a Mineral Reservation and an Environmentally Critical Area; and providing that mining operations in that Mineral Reservation may be undertaken either by the DENR directly or through a qualified contractor;
WHEREAS, despite the direct intervention in the mining activities at Diwalwal by the DENR and the NRDC, the critical environmental and socio-economic concerns had not been sufficiently addressed and the related problems continue to fester;
WHEREAS, the CPP/NPA had turned Diwalwal into its main source of funds running into millions of pesos annually to finance its insurgency activities nationwide, thus creating serious internal security concerns;
WHEREAS, the urgent need to formulate specifically focused policies and coordinate the implementation of measures thereof by all concerned government agencies to address all vital concerns of the government and rationalizing all mining activities in the area has attained extreme urgency;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Creation of National Task Force (NTF) Diwalwal. National Task Force (NTF) Diwalwal is hereby constituted to be composed of the following:
SEC. 2. Functions and Responsibilities of the NTF Diwalwal. The NTF Diwalwal shall:
SEC. 7. Institutional Relationships and Linkages. At the national level, the NTF Diwalwal shall interface with the Cabinet Oversight Committee on Internal Security (COC-IS). At the local level, the PMCC Diwalwal shall work in close coordination with existing local Area Coordination Centers and interface with all regional and local bodies created to implement peace and order, security, and development efforts in Diwalwal and its environs, such as the Peace and Order Council and the Development Council. The PMCC Diwalwal shall likewise conduct continuing consultation with local government officials to ensure the effective and efficient implementation of government programs and projects in Diwalwal.
SEC. 8. Funding. The NTF Diwalwal shall submit to the Department of Budget and Management (DBM) a work program and its corresponding budget that shall defray the vast activities to be implemented by NTF Diwalwal pursuant to this Executive Order.
The DBM shall then recommend to the President the necessary amount to fund said activities.
SEC. 9. Implementing Rules and Regulations. The NTF Diwalwal is hereby empowered to issue the necessary rules and regulations and other guidelines to implement this Order.
SEC. 10. Existence. The Task Force shall cease to exist after the situation in Diwalwal and its environs has normalized, upon the recommendation of DND and DENR.
SEC. 11. Repeal. All orders and issuances, or parts thereof, inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.
SEC. 12. Effectivity. This Order shall take effect immediately upon approval.
DONE, in the City of Manila, this 17th day of June, in the year of Our Lord, Two Thousand and Three.
(Sgd.) ALBERTO G. ROMULO
Executive Secretary
WHEREAS, an area of particular concern for the government is the Diwalwal Mineral reservation area in Monkayo, Province of Compostela Valley, where activities of thousands of informal miners, conducting operations without the required permits from the DENR and the Mines and Geosciences Bureau for many years, have resulted in massive ecological degradation of the area and its immediate environs;
WHEREAS, the DENR had issued Department Administrative Order (DAO) No. 2002-18 last August 12, 2002 declaring an Emergency Situation in the Diwalwal Gold Rush Area; ordered the stoppage of all mining operations therein; and provided for Interim Guidelines to address the critical environmental and social consequences resulting therefrom;
WHEREAS, the Office of the President had in the meantime issued Proclamation No. 297 last November 25, 2002 excluding an area consisting of 8, 100 hectares to exclude the Diwalwal mining areas and the Mabatas area from the coverage of Proclamation No. 369 dated February 27, 1931; declaring the same as a Mineral Reservation and an Environmentally Critical Area; and providing that mining operations in that Mineral Reservation may be undertaken either by the DENR directly or through a qualified contractor;
WHEREAS, despite the direct intervention in the mining activities at Diwalwal by the DENR and the NRDC, the critical environmental and socio-economic concerns had not been sufficiently addressed and the related problems continue to fester;
WHEREAS, the CPP/NPA had turned Diwalwal into its main source of funds running into millions of pesos annually to finance its insurgency activities nationwide, thus creating serious internal security concerns;
WHEREAS, the urgent need to formulate specifically focused policies and coordinate the implementation of measures thereof by all concerned government agencies to address all vital concerns of the government and rationalizing all mining activities in the area has attained extreme urgency;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Creation of National Task Force (NTF) Diwalwal. National Task Force (NTF) Diwalwal is hereby constituted to be composed of the following:
Secretary of National Defense | Head |
Secretary of Environment and Natural Resources | Assistant Head |
Secretary of Social Welfare and Development | Member |
Secretary of Health | Member |
Secretary of Labor and Employment | Member |
Secretary of Justice | Member |
Secretary of the Interior and Local Government | Member |
Director General, National Economic and Development Authority | Member |
Press Secretary | Member |
Presidential Adviser on Media Affairs | Member |
Solicitor General | Member |
Commissioner, Bureau of Internal Revenue | Member |
SEC. 2. Functions and Responsibilities of the NTF Diwalwal. The NTF Diwalwal shall:
- Formulate a comprehensive plan of action in order to create an environment conducive to lasting peace and sustainable peace and sustainable development in Diwalwal and its environs;
- Recommend policies and programs recommendations to ensure the coordination, integration, and acceleration of government efforts and enhance the effective and immediate implementation of government's plan of action in Diwalwal;
- Develop and implement a Public Information Program to generate awareness on the situation among target audiences that would enhance public confidence on efforts of government in Diwalwal.
- Provide a mechanism for the immediate and adequate resolution of all issues and concerns affecting the rehabilitation and development of Diwalwal; and
- Monitor and evaluate the implementation of various programs and projects by individual departments and agencies.
- The NTF Diwalwal shall have Directorates headed by undersecretaries / deputy heads of concerned department/agencies to address the following concerns:
- Peace & Order and Security
- Socio-Economic Safety Nets
- Legal
- Political
- Information
- Mining and Environment
- An Interagency Technical Working Group (IATWG) shall be organized to provide technical assistance to the NTF Diwalwal
- The Operation Center (OPCEN). The OPCEN of NTF Diwalwal, shall provide operational, administrative, and secretariat support to the NTF Diwalwal.
- Internal Security
- Socio-Economic Safety Nets
- Information
- Mining and Environment
- Political (Peace and Order)
- As directed by the NTF Diwalwal, ensure the effective and efficient implementation of government programs and projects in Diwalwal;
- Serve as a point of contact between and among concerned government offices and agencies to coordinate, integrate, and accelerate overall government response in Diwalwal;
- Provide a communication facility on a twenty-four (24) hour basis;
- Undertake monitoring functions for the NTF Diwalwal at the local level; and
- Direct a timely, coordinated, and integrated response to local issues and concerns in Diwalwal.
SEC. 7. Institutional Relationships and Linkages. At the national level, the NTF Diwalwal shall interface with the Cabinet Oversight Committee on Internal Security (COC-IS). At the local level, the PMCC Diwalwal shall work in close coordination with existing local Area Coordination Centers and interface with all regional and local bodies created to implement peace and order, security, and development efforts in Diwalwal and its environs, such as the Peace and Order Council and the Development Council. The PMCC Diwalwal shall likewise conduct continuing consultation with local government officials to ensure the effective and efficient implementation of government programs and projects in Diwalwal.
SEC. 8. Funding. The NTF Diwalwal shall submit to the Department of Budget and Management (DBM) a work program and its corresponding budget that shall defray the vast activities to be implemented by NTF Diwalwal pursuant to this Executive Order.
The DBM shall then recommend to the President the necessary amount to fund said activities.
SEC. 9. Implementing Rules and Regulations. The NTF Diwalwal is hereby empowered to issue the necessary rules and regulations and other guidelines to implement this Order.
SEC. 10. Existence. The Task Force shall cease to exist after the situation in Diwalwal and its environs has normalized, upon the recommendation of DND and DENR.
SEC. 11. Repeal. All orders and issuances, or parts thereof, inconsistent with the provisions of this Executive Order are hereby repealed or modified accordingly.
SEC. 12. Effectivity. This Order shall take effect immediately upon approval.
DONE, in the City of Manila, this 17th day of June, in the year of Our Lord, Two Thousand and Three.
(Sgd.) GLORIA M. ARROYO
By the President:(Sgd.) ALBERTO G. ROMULO
Executive Secretary