EXECUTIVE ORDER NO. 298 January 30, 1996

PROVIDING FOR ALTERNATIVE AND/OR INTERMEDIATE MODES OF PRIVATIZATION PURSUANT TO PROCLAMATION NO. 50 (s. 1986)

WHEREAS, the Asset Privatization Trust (APT) was created to take, for the benefit of the National Government, title to and possession of, conserve, provisionally manage and dispose of assets which have been identified for privatization and transferred to the APT;

WHEREAS, the APT, in its divestment program, should seek to restore, as soon as possible, existing physical facilities of the transferred assets into viable and productive operations under private sector management and ownership, and thus to contribute towards national economic recovery within the context of a private enterprise system and thereby generate maximum cash recovery for the National Government;

WHEREAS, the APT is authorized to conserve the transferred assets and to rehabilitate such assets if necessary to conserve their value or permit their sale, including, without limitation, to oversee the management and operation of corporations or other businesses constituting such assets, and to enter into such service agreements as may be necessary for such purpose;

WHEREAS, the APT has been accorded the widest latitude of flexibility and autonomy in its operations, particularly in the areas of accounting, auditing, procurement, contracting, asset management, disposition and personnel;

WHEREAS, the APT, after more than eight (8) years of existence, is left with assets which by their physical nature, technical obsolescence, legal impediments, or business prospects are considered very difficult to dispose of by final sale;

NOW, THEREFORE, I FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Alternative and/or Intermediate Modes of Privatization. To enhance the assets transferred to the APT pursuant to Proclamation No. 50 (s. 1986) and/or maximize recovery therefrom, but without in any way impending the speedy disposition of these assets, the APT is hereby authorized to enter into the following alternative modes of privatization and/or intermediate modes of privatization prior to the final disposal of the asset, particularly, but not limited to cases, where the asset is deemed marketable and shutdown or mothball costs approximate costs of operation, or where preservation of factor inputs, such as technical skills or contractual relations including franchises, is deemed necessary:

1.1 Joint Venture C whereby the APT arranges for the APT-held asset to carry on a specific business enterprise with another person/entity for their mutual benefit, using their combined funds, land resources, facilities and services, either through a joint venture corporation or as separate personalities. Thereafter, the joint venture project is privatized or referred to the proper government agency for implementation in accordance with Section 23, paragraph 2 of Proclamation No. 50 (s. 1986)

1.2 B-O-T Schemes Whereby the APT finds proponents who will undertake infrastructure and/or development projects using the APT-held asset, under any of the arrangements provided for under Republic Act No. 6957, as amended, which project is then referred to the proper government agency for implementation in accordance with Section 23, paragraph 2 of Proclamation No. 50 (s. 1986)

1.3 Management Contract C whereby a corporation undertakes to manage or operate all or substantially all of the business of an APT-held asset. This contract may also be designated as a service contract or operating agreement;

1.4 Lease-Purchase C whereby the lessee of an APT-held asset would have the right to purchase the same. The price and terms of the purchase must be set forth for the option to be valid, which option may run the length of the lease period; and

1.5 Securitization C whereby the form of the APT-held asset is changed or modified, such as from physical form to equities or certificate of participation, subject to Section 2 of Republic Act No. 7886.

Section 2. Applicability of Laws and Regulations. The exercise by the APT of its authority to enter into the foregoing alternative and/or intermediate modes of privatization shall be subject to the pertinent laws and regulations.

At the expiration of the term of the APT, all contracts and other obligations created through the foregoing alternative and/or intermediate modes of privatization shall be handled by the special committee to be created by the President pursuant to Republic Act No. 7886.

Section 3. Effectivity This Executive Order shall take effect immediately. lawphi1.net

DONE in the City of Manila, this 30th day of January in the year of Our Lord, Nineteen Hundred and Ninety-Six.

05-17-96 Executive Order No. 299

May 17, 1996 May 17, 1996

EXECUTIVE ORDER NO. 299

DIRECTING THE NATIONAL AMNESTY COMMISSION TO CONDUCT VERIFICATION, PROCESSING, AND DETERMINATION OF THE LIST OF RAM-SFP-YOU MEMBERS WHO ARE TO BE GRANTED AMNESTY UNDER PROCLAMATION NO. 723

WHEREAS, pursuant to the General Agreement for Peace dated October 13, 1995, signed between the Government Panel Negotiating with the Military Rebels (GRP Panel) and the Rebolusyonaryong Alyansang Makabansa-Soldiers of the Filipino People-Young Officers' Union (RAM-SFP-YOU), the Government issued Proclamation No. 723 for members of the RAM-SFP-YOU who are included in a list to be mutually agreed upon by both parties to the agreement;

WHEREAS, pending congressional concurrence, there is a need to ascertain that those to be covered by the grant of amnesty are bona fide military rebels and qualified therefor;

WHEREAS, the National Amnesty Commission (NAC) is the agency to which the power to grant amnesty has been delegated under the terms of Proclamation No. 347 dated March 25, 1994;

NOW, THEREFORE, I FIDEL V. RAMOS, pursuant to the powers vested in me by the Constitution, do hereby order:

SECTION 1. The National Amnesty Commission (NAC) is hereby directed to conduct the verification, processing, and final determination, within sixty (60) days from issuance of this Executive Order, of the qualifications of the persons included in the list of RAM-SFP-YOU members and supporters who shall be covered by the grant of amnesty under Proclamation No. 723.

SEC. 2. The NAC shall promulgate the rules and regulations to implement the mandate of the foregoing section, subject to the following guidelines:

a. Pursuant to the terms of the Supplemental Agreement to the General Agreement on Peace, and in consideration of the Preliminary Agreement dated December 23, 1992, in which both the Government and the RAM-SFP-YOU expressly agreed to a complete cessation of hostilities, no act or crime committed during the period from December 24, 1992 to October 13, 1995 shall be covered by the grant of amnesty. lawphi1.net

b. The GRP Panel shall be responsible for ensuring that the list of RAM-SFP-YOU members to be granted amnesty is mutually agreed upon by the Government and the RAM-SFP-YOU.

c. The list of qualified members of the RAM-SFP-YOU shall state the acts/crimes which are the basis of the grant of amnesty. lawphi1.net

SEC. 3. The GRP Panel, the Department of Justice, Department of National Defense, Department of Interior and Local Government, and all other government agencies, are hereby required to coordinate with and assist the NAC in the accomplishment of the foregoing function.

SEC. 4. This Executive Order shall take effect immediately. lawphi1.net

DONE in the City of Manila, this 17th day of May the year of Our Lord, Nineteen Hundred and Ninety Six.


The Lawphil Project - Arellano Law Foundation