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PRESIDENTIAL DECREE NO. 1361
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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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chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Section 112 of Commonwealth Act No. 141,
as amended, is hereby further amended to read as follows:cralaw:red
"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." chanroblesvirtualawlibrary
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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