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PRESIDENTIAL DECREE NO. 1284
PRESIDENTIAL DECREE NO. 1284 -
GRANTING AUTHORITY TO THE PHILIPPINE PORTS AUTHORITY TO PLAN,
CONSTRUCT, DEVELOP AND MAINTAIN IN ALL PORT TERMINAL FACILITIES IN THE
INTERNATIONAL PORT NORTH HARBOR, MANILA BAY, TO SUPERVISE THE OPERATION
AND MANAGEMENT OF SUCH FACILITIES, AMENDING FOR THE PURPOSE
PRESIDENTIAL DECREE NO. 634, DATED 7 JANUARY 1975, REPEALING
PRESIDENTIAL DECREE NO. 802 DATED 18 SEPTEMBER 1975, AND FOR OTHER
PURPOSES
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WHEREAS,
pursuant to Presidential Decree No. 634 dated 7 January 1975, Manila
International Port Terminals, Inc. (MIPTI) was granted a franchise to
develop, operate and maintain modern container facilities at the
International Port Complex, North Harbor, Manila Bay, Tondo District,
Manila;chanroblesvirtualawlibrary
WHEREAS, it has become necessary for the Philippine Ports Authority
(PPA) to have the primary responsibility for the planning, development,
and maintenance of the International Port Complex at the North Harbor
in accordance with the declared objectives of the government under
Presidential Decree No. 857;chanroblesvirtualawlibrary
WHEREAS, due to the experience of Manila International Port Terminals,
Inc. in port operations, its franchise shall cover the operations and
management of the International Port Complex at North Harbor to ensure
economy and efficiency of operations and in order not to burden the
Philippine Ports Authority with day-to-day waterfront operations.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order as part of the law of the land, the following:cralaw:red
Section 1. Section two Presidential Decree No. 634 is
hereby amended to read as follows:cralaw:red
"Sec. 2. Subject to the terms and conditions
established in this Decree and in Act Numbered Twenty-One Hundred
Thirty Seven and to the provisions of the Constitution, the Manila
International Port Terminals, Inc. (MIPTI) is hereby granted for a
period of twenty-five years, the right, privilege and authority to
operate and manage all facilities, container terminals, gantry cranes
or bridge cranes, warehouses, storage depots, cold and refrigerated
cargo storage, transit sheds, conveyor installations and other
structures in the Manila International Port Terminal Complex, North
Harbor, Manila, to render services to shipping lines and others
requiring the use of aforesaid facilities and to charge and collect a
schedule of rates and fees for the use of said container terminals and
facilities, storage depots, docks, landing facilities, developed land
areas and shipping and allied commercial facilities and for services
rendered, which schedule of rates and fees shall be prescribed from
time to time by the Philippine Ports Authority: Provided, That all such
revenues collected shall belong to the Philippine Ports Authority,
deducting therefrom only such fees and charges as may be pertaining to
MIPTI under such terms, conditions or proportions to be agreed upon
from time to time by the Philippine Ports Authority and MIPTI taking
into consideration the government's total investment, reasonable
operating costs and fair or reasonable profit, among others: Provided
further, That the Bureau of Customs shall exercise jurisdiction over
the International Port Complex at the extent now authorized by
law." chanroblesvirtualawlibrary
Section 2. Section three of Presidential Decree No.
634 is hereby amended to read as follows:cralaw:red
"Sec. 3. For the right, privilege and authority to
operate and manage all installations and facilities in the aforesaid
International Port, the Manila international Port Terminals, Inc. shall
provide and maintain on its own movable equipment to back up the
container and bulk handling systems installed in the projects, such as
container transporters, forklifts, chassis and trailers, trucking
mobile cranes, prime movers, and such other facilities as shall be
prescribed or considered necessary for the efficient operation and
management of the International Port Complex."
Section 3. The authority, power and responsibility to
plan, design, construct and develop the International Port Complex at
north Harbor, including the surrounding areas necessary for modern post
operations as well as the supervision of its operations and the
maintenance of structures, buildings and fixed cargo handling
facilities therein, are hereby removed from the Manila International
Port Terminals, Inc. and transferred to the Philippine Ports Authority.
Section 4. The Philippine Ports Authority shall in
addition have the following powers, functions and responsibilities:cralaw:red
(a) Undertaken any study or work for the development,
construction and supervision of all portworks, facilities and dredging
in the International Port Complex and its vicinity;chanroblesvirtualawlibrary
(b) Fix the schedule of rates of fees for all
services rendered therein and promulgate guidelines and standards for
the efficient operation and management of the complex by MIPTI;
and chanroblesvirtualawlibrary
(c) Conduct periodic inspections and audit of the
operation and management of the International Port Complex by MIPTI to
determine the latter's compliance with the prescribed standards, rates
fixed, and guidelines promulgated, and if warranted, recommend to the
President of suspension or revocation of MIPTI's franchise.
Section 5. The Philippine Ports Authority shall
either:cralaw:red
(a) reimburse MIPTI or the Government Service
Insurance System actual and reasonable expenses incurred in the
Pre-development undertaking of the project; or (b) assume such
obligations contracted by MIPTI from the GSIS, which shall, in either
case, be only in such amounts as shall have been actually and
reasonably spent by MIPTI in the pre-development undertaking of the
project. All such engineering, feasibility studies plans, designs
calculations, soil investigations, and studies and other
pre-development accomplishments shall be turned over by MIPTI to the
Authority for proper valuation and audit of all relevant expenses of
MIPTI for the aforesaid purposes.
Section 6. A committee composed of one representative
each from the Commission on Audit, Philippine Ports Authority, and
MIPTI is hereby created for the purpose of determining the amounts
actually and reasonably expended in the pre-development undertaking of
the project.
Section 7. The Philippine Ports Authority shall turn
over gradually to the Manila International Port Terminals, Inc.
facilities and installations as their constructions are completed, in
order to initiate operation of the International Port and render
services to users with the least delay. chanroblesvirtualawlibrary
Section 8. Presidential Decree No. 802 dated 18
September 1975 is hereby repealed. All other laws, decrees, rules and
regulations inconsistent herewith are hereby repealed or modified
accordingly.
Section 9. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 16th day of January, in the year of Our Lord, nineteen hundred and
seventy-eight.
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