Clarification Presidential Directives

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MEMORANDUM

FOR : The Undersecretary for Legal and Administration


Field Operations- Luzon, Visayas and Environment
DENR, Visayas Ave., Diliman, Quezon City

TRHU : The Assistant Secretary


Field Operations- Visayas
DENR, Visayas Ave., Diliman, Quezon City

FROM : The Director

SUBJECT : PRESIDENTIAL DIRECTIVE (P.D.) NO. 2022-016 RA:


DEFERRING THE ACCEPTANCE OF NEW
APPLICATIONS FOR RECLMATION PROJECTS AND
DENR ADMINISTRATIVE ORDER (DAO) NO. 2022-08 RE;
MORATORIUM IN THE ACCEPTANCE OF NEW
APPLICATION FOR SPECIAL EXPLORATION
PERMIT/GOVERNMENT SEABED QUARRY PERMIT
DATE :

This refers to the Memorandum dated June 13, 2022 of Atty. Ernesto D. Adobo,
Jr., CESO I, Legal, Administration, Human Resources and Legislative Affairs, and
Supervising USEC for Mining Affairs, instructing All Regional Executive Directors of
Mines and Geosciences Bureau (MGB) and Environmental Management Bureau (EMB)
regarding the above-mentioned subject.

Per the issuance of P.D. No. 2022-08, this Office received numerous inquiries
regarding the LMB's authority to continue issuing Area Clearance (AC) and whether an
applicant is still permitted to conduct a site inspection/assessment notwithstanding the
deferment of the issuance of clearance/endorsement from PRA, whose governing board
has been given the authority by the President to approve all reclamation projects.

The above-mentioned P.D. directed the PRA and DENR to put on hold the
acceptance of all new applications for reclamation projects in the country and ensure
that the pending applications strictly comply with all legal requirements until the
succeeding administration shall lift the same. However, it was not made clear whether
this will cover the non-issuance of AC on the part of the LMB, which is a pre-requisite
for reclamation works.

Further, in the said Memorandum addressed to all the Regional Executive


Directors of EMB and MGB, it was emphasized that said P.D. and DAO shall cover the
non-acceptance of new applications and issuance of AC.

In view thereof, considering that the said Memorandum was exclusively


addressed to all the Regional Executive Directors of EMB and MGB, may we seek
guidance/clarification on whether this Office can still issue AC for those applications
filed before, on, or after the issuance of P.D. No. 2022-016 and DAO No. 2022-08, and
whether an applicant can still proceed with the conduct of a site inspection/assessment
notwithstanding the deferment of the issuance of clearance/endorsement from PRA.

Thank you and cordial regards.

ATTY. EMELYNE V. TALABIS, CESO IV

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