President Rodrigo Duterte has given the power to approve reclamation projects back to the Philippine Reclamation Authority (PRA) and placed it under the Office of the President.

The President signed on February 1 Executive Order 74, a copy of which was released by Malacañang on Monday.

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After the EO was released, an infrastructure-oriented think tank said the order exempts from coverage all pending reclamation projects in the Manila Bay which is under rehabilitation.

“Executive Order No. 74 covers only new reclamation applications which had not yet been covered by any contract between government and the private sector,” Infrawatch PH convenor Terry Ridon said in a separate statement.

“This removes all pending Manila Bay reclamation projects from the ambit of the EO because all pending applications had already been subject, at the very least, to a Memorandum of Understanding between the local government unit and a private proponent.”

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A former chairperson of the Presidential Commission for the Urban Poor (PCUP), Ridon said exempting all pending Manila Bay applications from the EO contradicts government’s commitment to the rehabilitation of the polluted bay.

“It is absurd, even unthinkable, to issue a new reclamation policy while exempting from its coverage the nation’s most controversial reclamation area. This only lends credence to lingering questions on the sincerity of government in rehabilitating Manila Bay,” he said.

Including pending reclamation projects in the EO’s coverage does not impinge on government’s contractual commitments to the private sector, according to Infrawatch.

“It needs to be stated that most pending Manila Bay reclamation projects had not yet been green lighted by the NEDA, the previous approving body for all reclamations. As such, government should not find its hands tied to any contractual obligations to the private sector.”

Ridon said the coverage cut-off must be based on whether a final approval from the previous approving body—NEDA Board—has been secured by reclamation proponents, and not whether contracts have been signed with a private proponent.