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PRESIDENTIAL DECREE NO. 1361
- FURTHER AMENDING THE PROVISIONS OF Section ONE HUNDRED TWELVE OF
COMMONWEALTH ACT NUMBERED ONE HUNDRED FORTY-ONE, AS AMENDED BY
PRESIDENTIAL DECREE NUMBERED SIX HUNDRED THIRTY-FIVE
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| WHEREAS,
owners of lots acquired under the Public Land Law refuse to organize
the construction ofrport runways and terminal buildings as included
among the undertakings to which their lots are subject to lieu in favor
of the government, as provided for under Section 112 of Commonwealth
Act No. 141, as amended by Presidential Decree No. 635; WHEREAS, owners of such lots also refuse to acknowledge the temporary construction of structures or buildings needed by Resident or Project Engineers in the construction of highways and bridges as included in the lien; WHEREAS, because of this refusal to recognize these undertakings as part of the lien, the constructions ofrports and/or roads and bridges have become more expensive and have been unnecessarily delayed; WHEREAS, to remedy this situation, it is imperative to further amend the provisions of Section 112 of Commonwealth Act No. 141, as amended by Presidential Decree No. 635. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree: Section 1. Section 112 of Commonwealth Act No. 141, as amended, is hereby further amended to read as follows: "Sec. 112. Said land shall further be subject to a right-of-way not exceeding sixty (60) meters on width for public highways, railroads, irrigation ditches, aqueducts, telegraph and telephone lines,rport runways, including sites necessary for terminal buildings and other government structures needed for full operation of therport, as well as areas and sites for government buildings for Resident and/or Project Engineers needed in the prosecution of government-infrastructure projects, and similar works as the Government or any public or quasi-public service or enterprise, including mining or forest concessionaires, may reasonably require for carrying on their business, with damages for the improvements only. Government officials charged with the prosecution of these projects or their representatives are authorized to take immediate possession of the portion of the property subject to the lien as soon as the need arises and after due notice to the owners. It is however, understood that ownership over said properties shall immediately revert to the title holders should therport be abandoned or when the infrastructure projects are completed and buildings used by project engineers are abandoned or dismantled, but subject to the same lien for future improvements." Section 2. This decree shall take effect immediately. All Acts inconsistent with this decree are hereby repealed or modified accordingly. Done in the City of Manila, this 26th day of April, in the year of Our Lord, nineteen hundred and seventy-eight. |
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