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PRESIDENTIAL DECREE NO. 1112
PRESIDENTIAL DECREE NO. 1112 -
AUTHORIZING THE ESTABLISHMENT OF TOLL FACILITIES ON PUBLIC
IMPROVEMENTS, CREATING A BOARD FOR THE REGULATION THEREOF AND FOR OTHER
PURPOSES
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WHEREAS,
the huge financial requirements of the Government's development
programs have made it necessary to seek out alternative sources of
financing to ensure the prosecution of certain desirable infrastructure
projects that complement the over-all national development effort;chanroblesvirtualawlibrary
WHEREAS, the potential resources of the private sector could be tapped
to the maximum benefit by the government dispensing to a great extent
the availment of additional domestic and foreign borrowings as well as
the utilization of government guarantee or security; and
WHEREAS, in order to attract private sector investment in the
government's infrastructure projects, the collection of toll fees for
the use of certain public improvements, that would allow a reasonable
rate of return on investments, should be authorized; Provided that, the
collection of toll fees and operation of toll facilities by the private
sector should be loosely supervised and regulated in the public
interest;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. This shall be known as "Toll Operation
Decree". —chanroblesvirtualawlibrary
Section 2. Toll Regulatory Board. — There is hereby
created the Toll Regulatory Board hereinafter referred to as the
"Board" to be composed of the Deputy Director-General for Program and
Projects of the National Economic and Development Authority as
Chairman, the Undersecretary of Public Highways and the Undersecretary
of Finance as Members.
Section 3. Powers and Duties of the Board. — The
Board shall have in addition to its general powers of administration
the following powers and duties:cralaw:red
(a) Subject to the approval of the President of the
Philippines, to enter into contracts in behalf of the Republic of the
Philippines with persons, natural or juridical, for the construction,
operation and maintenance of toll facilities such as but not limited to
national highways, roads, bridges, and public thoroughfares. Said
contract shall be open to citizens of the Philippines and/or to
corporations or associations qualified under the Constitution and
authorized by law to engage in toll operations;chanroblesvirtualawlibrary
(b) Determine and decide the kind, type and nature of
public improvement that will be constructed and/or operated as toll
facilities;chanroblesvirtualawlibrary
(c) Condemn private property for public use subject
to the provisions of existing law;chanroblesvirtualawlibrary
(d) Issue, modify and promulgate from time to time
the rates of toll that will be charged the direct users of toll
facilities and upon notice and hearing, to approve or disapprove
petitions for the increase thereof. Decisions of the Board on petitions
for the increase of toll rate shall be appealable to the Office of the
President within ten (10) days from the promulgation thereof. Such
appeal shall not suspend the imposition of the new rates, provided
however, that pending the resolution of the appeal, the petitioner for
increased rates in such case shall deposit in a trust fund such amounts
as may be necessary to reimburse toll payers affected in case a
reversal of the decision;chanroblesvirtualawlibrary
(e) To grant authority to operate a toll facility and
to issue therefore the necessary "Toll Operation Certificate" subject
to such conditions as shall be imposed by the Board including inter
alia the following:cralaw:red
1) That the Operator shall desist from collecting
toll upon the expiration of the Toll Operation Certificate.
2) That the entire facility operated as a toll system
including all operation and maintenance equipment directly related
thereto shall be turned over to the government immediately upon the
expiration of the Toll Operation Certificate.
3) That the toll operator shall not lease, transfer,
grant the usufruct of, sell or assign the rights or privileges acquired
under the Toll Operation Certificate to any person, firm, company,
corporation or other commercial or legal entity, nor merge with any
other company or corporation organized for the same purpose, without
the prior approval of the President of the Philippines. In the event of
any valid transfer of the Toll Operation Certificate, the Transferee
shall be subject to all the conditions, terms, restrictions and
limitations of this Decree as fully and completely and to the same
extent as if the Toll Operation Certificate has been granted to the
same person, firm, company, corporation or other commercial or legal
entity.
4) That in time of war, rebellion, public peril,
emergency, calamity, disaster or disturbance of peace and order, the
President of the Philippines may cause the total or partial closing of
the toll facility or order to take over thereof by the Government
without prejudice to the payment of just compensation. chanroblesvirtualawlibrary
5) That no guarantee, Certificate of Indebtedness,
collateral, securities, or bonds shall be issued by any government
agency or government-owned or controlled corporation on any financing
program of the toll operator in connection with his undertaking under
the Toll Operation Certificate.
6) The Toll Operation Certificate may be amended,
modified or revoked whenever the public interest so requires.
(f) The Board shall promulgate rules and regulations
governing the procedures for the grant of Toll Certificates. The rights
and privileges of a grantee under a Toll Operation Certificate shall be
defined by the Board.
(g) To issue rules and regulations to carry out the
purposes of this Decree.
Section 4. Technical Staff— The Board is hereby
authorized to create a Technical Staff including administrative or
support staff as may be necessary to assist the Board in the
fulfillment of its responsibilities and functions under this Decree.
The Board is hereby authorized to grant honoraria, allowances or
overtime pay in such amount as it may fix, any provision of law, rules
or regulations to the contrary notwithstanding.
Section 5. Publication of Toll Rates. — No new rates
shall be collected unless published in a newspaper of general
publication at least once a week for three consecutive weeks.
Section 6. Exemption. — Government vehicles on
official business shall be exempted from the payment of toll fees under
such procedures and circumstances as will be promulgated by the
Board. chanroblesvirtualawlibrary
Section 7. Appropriation, Operational Expenses. — The
sum of THREE HUNDRED THOUSAND PESOS (P300,000.00) shall be set aside
each year for the first three years from such fees or other obligations
due from toll operators of existing toll facilities to defray
operational expenses of the Board. Thereafter, such sums as may be
necessary for the operational expenses of the Board in the succeeding
fiscal years shall be included in the Annual General Appropriations
Decree.
Section 8. Separability. — All laws, decrees and
orders inconsistent with the provisions of this Decree are hereby
repealed and/or modified accordingly.
Section 9. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 31st day of March, in the year of Our Lord, nineteen hundred and
seventy-seven.
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Since 19.07.98
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