(Click "view original post" below if reading it on a note for your convenience.)
President Arroyo on September 15, 2008 issued
Executive Order 751 authorizing the Secretary of the Department of Energy to close deals with local and foreign mining investors.Energy Secretary Angelo Reyes has been constantly criticized for his inability to control the rising oil prices but his newly earned power seem to have
escaped the public attention. Is he doing great on his new role and has won the general approval of our
elected officials who are quiet about this? Who really benefits from this E.O. and how it was kept away from media or the public are easy questions but it's difficult to imagine a better future for the country with its continuous existence. With the current government set-up, a wise and well informed investor would know that
the best time to start a business in the Philippines is between now and May 2010.Below is a copy of the said order with my comments in parentheses.
Executive Order No.
751AUTHORIZING THE SECRETARY OF ENERGY TO NEGOTIATE AND CONCLUDE JOINT VENTURE, CO-PRODUCTION, OR PRODUCTION-SHARING AGREEMENTS FOR THE EXPLORATION, DEVELOPMENT AND UTILIZATION OF MINERAL RESOURCES WHEREAS, Section 2 of Article XII of the 1987 Constitution provides that the exploration, development and utilization of natural resources shall be under the full control and supervision of the State, and that the
Senate may directly undertake such activities, or
may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum (60%) of whose capital is owned by such citizens, which agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law;
(The use of the word
"Senate" instead of the original word
State in the Constitution can be very
misleading. Is "I am sorry" in the air again? People are against the plan to amend the 60-40 capitalization. But some legislators who promote the idea even cite it as one of the reasons why we need ChaCha. Do they still need it? )
WHEREAS, Section 2 of Article XII of the 1987 Constitution further provides that
the President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law; (this provision continuous with this omitted part: "based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources".)
(This privilege is given to the lawfully elected president and it specifically involves "either technical or financial assistance" only. And why the omission of such an important part of the provision?)
WHEREAS, there are
existing and expected proposals from interested parties, including foreign-owned corporations, for agreements involving the exploration, development and utilization of minerals that
require immediate consideration to encourage investment in the industry which plays a pivotal role in the economic development of the country; and
( Like the ZTE deal with Chinese? How about the provision in Section 1 of the same article that says "the State shall protect Filipino enterprises against unfair foreign competition and trade practices?)
WHEREAS, in order to enable the Government to consider and conclude such agreements, it is necessary in the national interest
to provide the legal basis and authority for entering into such contracts or agreements;(Are we desperate to have our natural resources taken advantaged of more and more by foreign-owned mining corporations to the point that our leaders dared to issue this Order to meet their demands?)
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:
(Where in the Constitution is the President vested the power to change its provisions?)
SECTION 1. The
Secretary of Energy (hereinafter referred to as “the Secretary”) is hereby
authorized to negotiate and enter into, for and in behalf of the Government, joint venture, co-production, or production-sharing agreements for the exploration, development, and utilization of mineral resources with any Filipino citizen, or corporation or association at least sixty percent (60%) of whose capital is owned by Filipino citizens, subject to existing laws, rules and regulations.
(The president gave the power given to the State, as provided above, to the Secretary of Energy? What's this rally against ChaCha? She changes the Constitution at her own will anyway!)
SEC. 2. The Secretary is
further hereby authorized to accept, consider, evaluate proposals from foreign-owned corporations or foreign investors, and negotiate and enter into, for and in behalf of the Government, contracts or agreements involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, subject to existing laws, rules and regulations.
(She even gave Secretary Reyes this presidential privilege!)
SEC. 3. The Secretary shall
furnish the Office of the President copies of any contract or agreement which may be entered into pursuant to Sections 1 and 2 hereof.
(The President can monitor the contract or agreements entered into by the Secretary but
she may not be directly accused of involvement in case a questionable deal is uncovered.)
SEC. 4. Any contract or agreement entered into by the Secretary pursuant to Sections 1 and 2 hereof shall be
reported to Congress by the Executive Secretary in behalf of the President within thirty (30) days from its execution.
(Instead of the President doing this,
the Constitution was changed again by having the Executive Secretary act in her behalf. Also, can anyone from the Congress at least tell the public, if they can't say what they know about it, how many contracts or agreements and with whom has Secretary Reyes executed since the signing of this E.O.?)
SEC. 5. The Secretary shall promulgate such supplementary rules and regulations as may be necessary to effectively implement the provisions of this Executive Order.
(E.O. 751 effectively implemented plus the amendment of the 60-40 capitalization! Imagine what will happen if this E.O. is inherited by another corrupt system of government under greedy politicians. Why dodn't we hear anyone talk against it publicly? Pres. Arroyo has been frequenting foreign countries like Dubai. Just hope the trips of our elected officials have nothing to do with this E.O. and that you can still exercise freedom and enjoy the mineral treasures and agricultural land that God has provided for the Filipinos in the Philippines in the years ahead. What is its beauty if you are there just as a stranger, if not a slave or a quiet observer?)
SEC. 6. All other executive orders, rules, regulations and other issuances or parts thereof, which are
not inconsistent with the provisions of this Executive Order, shall continue in force and effect.(Section 6 was strategically worded to support its legal right to exist by stating that "all other executive orders, rules, regulations and other issuances or parts thereof, WHICH ARE NOT INCONSISTENT (meaning consistent?) with the provisions of this Executive Order, shall continue in force and effect". It does
not revoke or modify those ones inconsistent with it like what they do in other executive orders, as in
E.O. 706, for an obvious but neglected reason that without the approval of ChaCha or ConAss or other legal means, they can't do the same to the provisions in the 1987 Constitution. She did it anyway. But with the approval of ChaCha or ConAss, E.O. 751 may find its way to get a legal right to exist.)
SEC. 7. This Executive Order shall take effect immediately upon its publication in a national newspaper of general circulation.
(Can the people know which one and when? Black's Law Dictionary defines Executive order as "An order issued by or on behalf of the President, usu. intended to direct or instruct the actions of executive agencies or government officials, or to set policies for the executive branch to follow." This E.O. did a lot more than that.)
DONE in the City of Manila, this 15th day of September in the Year of Our Lord, Two Thousand and Eight.
(It was signed and sealed by the President and Acting Executive Secretary Jesus G. Dureza.)If you want to see a copy of the sealed one, go to "Office of the President Website".
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