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PRESIDENTIAL DECREE NO. 1346
PRESIDENTIAL DECREE NO. 1346 -
CONVEYING THE LAND RECLAIMED IN THE FORESHORE AND OFFSHORE OF CEBU
CITY, BEGINNING FROM PIER 3 AND EXTENDING TO SUBANGDAKU, AS PROPERTY OF
THE PUBLIC ESTATES AUTHORITY
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WHEREAS,
certain foreshore and offshore (submerged) lands bordering Cebu City,
beginning from Pier 3 and extending to Subangdaku (hereinafter referred
as the "Cebu Port Development and Reclamation Project") were reclaimed,
purportedly by virtue of Ordinance No. 373, Series of 1962, of the City
of Cebu, as amended by Ordinance No. 474;chanroblesvirtualawlibrary
WHEREAS, the Civil Case No. R-10468 entitled "Republic of the
Philippines versus Cebu City, et al.", the Court of First Instance of
Cebu promulgated a Decision finding null and void Ordinance Nos. 373
and 474 of the City of Cebu and any and all contracts executed pursuant
thereto, or as a consequence thereby, and declaring the reclaimed land
as having remained to be lands of the public domain;chanroblesvirtualawlibrary
WHEREAS, upon subsequent motion of the Republic of the Philippines, the
Court of First Instance of Cebu found out that public interests require
the immediate utilization and further development of the reclaimed
lands and ordered the immediate execution of its Decision pending
resolution of whatever appeal the party litigants may interpose
therefrom;chanroblesvirtualawlibrary
WHEREAS, the paramount and imperative requirements of the public
necessitate the implementation of the said order of execution pending
appeal and the termination of the protracted litigation;chanroblesvirtualawlibrary
WHEREAS, the Public Estates Authority (hereinafter referred to as the
"Authority") was created pursuant to Presidential Decree No. 1084 to
provide for a coordinated, economical and efficient reclamation of
lands, and the administration and operation of lands belonging to,
managed or operated by the government, with the object of maximizing
their utilization and hastening their development consistent with the
public interests. chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Conveyance of reclaimed lands. — Subject
to the provisions hereof, the absolute ownership and administration of
lands reclaimed in the foreshore and offshore areas of Cebu City under
the Cebu Port Development and Reclamation Project, subject of the
Decision of the Court of First Instance of Cebu in Civil Case No.
R-10468, together will all the public improvements therein found such
as buildings, roads, parks, community area, wharves, piers embarkments,
and docking and harbor facilities, are hereby transferred, conveyed and
assigned to the Authority.
Section 2. Cancellation and issuance of certificate/s
of the title. — The Land Registration Commission and the Register of
Deeds of Cebu City shall cancel Original Certificate of Title No. 140
issued in the name of Cebu City and all Torrens Title emanating
therefrom. In lieu thereof, special land patent/s covering the
above-described parcel of reclaimed land shall be issued by the
Secretary of Natural Resources in favor of the Authority and, on the
basis of such Patent/s, the Land Registration Commission shall issue
the corresponding certificates of title.
Section 3. Recognition of Claims. — In the interest
of equity, the Authority shall recognize the claims of all person or
entities who extended loans or furnished supplies, materials and
technical services in the reclamation and development of the reclaimed
area (the "creditors"), including those who invested in the capital
stock of the Cebu Development Corporation (the "shareholders") and/or
who purchased lots in the reclaimed area (the "lot buyers"). The
Authority shall settle such claims under the following terms:cralaw:red
a) The claims of all creditors shall be settled
fully, but without interest being accrued thereon, and the amounts due
to creditors shall be computed by taking into account the original
nature of the transaction/s, particularly whether the said amounts were
expended or incurred, by translating the same into Philippine currency
at the rate of exchange prevailing on the date of settlement;chanroblesvirtualawlibrary
b) The investments of shareholders shall be returned
to them, without accruing any dividends or fruits thereon, and the
amounts to be returned to shareholders shall be computed by considering
the original nature of the investments, particularly whether the
investments were contributed in foreign currency, and, if so
contributed, by translating the same into Philippine currency, at the
rate of exchange prevailing on the date of settlement; and
c) Lot buyers who had fully paid, as of December 31,
1976, the purchase price originally contracted with Cebu Development
Corporation shall be required to pay an additional amount equivalent to
33-1/3% of the purchase price as premium. Lot buyers who have not fully
paid the said purchase price as of December 31, 1976, regardless of the
amount outstanding shall be required to pay an additional amount
equivalent to 50% of the purchase price as premium. The Authority shall
issue the corresponding certificates of title to such lot buyers after
payment of the premium and outstanding amounts of the purchase
price. chanroblesvirtualawlibrary
Section 4. Settlement of Claims. — For the purpose
of effecting the settlement of claims mentioned in the preceding
Section, the Authority shall, unless otherwise subsequently authorized
by the President of the Philippines upon recommendation of the
Authority, undertake payment of such claims only out of funds generated
from the sale, disposition or utilization of the reclaimed area by the
Authority.
The Central Bank shall allow payments to foreign claimants to be fully
converted into an remitted abroad in the appropriate foreign currency.
Section 5. Waiver of claimants' rights. — Persons
and entities whose claims will be processed for resettlement by
Authority shall be deemed to have waived and abandoned all their rights
and causes of action arising out of, or in connection with, the Cebu
Port Development and Reclamation Project. Prior to presentation of any
claim, a party litigant in Civil Case No. R-10468 must first withdraw
his appeal, if any, from the Decision rendered in said case. A lot
buyer, whether a party litigant or not in Civil Case No. R-10468,
having failed to pay the premium authorized under Section 3 (c) above
within the period allowed by the Authority, shall automatically forfeit
the lot and any payment thereon in favor of the Authority.
Section 6. Disposition and utilization of reclaimed
land. — The Authority shall utilize the reclaimed area to accomplish
the purposes for which it was created and organized and shall, by
itself or through reputable private developer/s, under such rules and
regulations as it may prescribe, sell, lease, or encumber any portion
or portions of the reclaimed area.
Section 7. Utilization of income. — Any and all
income that the Authority may derive from the sale, lease, or use of
the reclaimed area shall be utilized for the payment of the obligations
it may incur under the provisions of Section 3, 4 and 6 hereof, the
costs of administering the reclaimed area, and the expenses it may
incur in the prosecution of its corporate purposes. The remaining
balance thereof shall accrue to and be utilized by the Authority to
effectively carry out its functions pursuant to P.D. 1084. This income
shall be considered as revenues of the Authority from its business or
commercial operations.
Section 8. Project Development. — The Authority may,
at its discretion, enter into a development and/or management contract
with any recognized and reputable real estate developer under such
terms and conditions as the Authority may deem proper and necessary.
Any development undertaken by the Authority by itself or through a real
estate developer shall be exempt from regulations now existing or
hereafter promulgated governing real estate subdivision. chanroblesvirtualawlibrary
Section 9. Assistance of other Government Agencies.
— The Authority is hereby authorized to call upon any agency of the
national and local government and their instrumentalities which are
hereby enjoined to render whatever assistance the Authority may need
for the effective implementation of this Decree.
Section 10. Separability Clause. — Should any vision
of this Decree be held unconstitutional, no other provision hereof
shall be effected thereby.
Section 11. Repealing Clause. — All laws,
regulations inconsistent with any provision hereof are hereby repealed,
amended, or modified accordingly.
Section 12. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 11th day of April, in the year of Our Lord, nineteen hundred and
seventy-eight.
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