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PRESIDENTIAL DECREE NO. 1766
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PRESIDENTIAL DECREE NO. 1766
- CONVEYING CERTAIN PARCELS OF LAND OF THE PUBLIC DOMAIN TO THE
NATIONAL DEVELOPMENT COMPANY FOR PRIORITY PROJECTS, ESTABLISHING A
SPECIAL PROCEDURE FOR MAKING AVAILABLE LANDS OF THE PUBLIC DOMAIN FOR
PRIORITY PROJECTS OF THE NATIONAL DEVELOPMENT COMPANY, AND FOR OTHER
PURPOSES
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WHEREAS,
there are priority projects that need to be undertaken in order to
accelerate national economic development;chanroblesvirtualawlibrary
WHEREAS, it is the declared policy of the State to promote overall
economic development through assistance to commercial, industrial,
agricultural, mining or other ventures, and for this purpose, it may,
on its own or in joint venture with the private sector, undertake
priority projects;chanroblesvirtualawlibrary
WHEREAS, the National Development Company is a major corporate vehicle
of the Government empowered to engage or invest in commercial,
industrial, agricultural, mining and other enterprises, in which the
private sector is unwilling or unable to come in due to the high
capital requirements due to the great risks involved, but which
enterprises are necessary or contributory to national economic
development, or important to the public interest; chanroblesvirtualawlibrary
WHEREAS, the National Development Company is empowered by law to hold
all kinds of land, even in excess of areas permitted to private
corporations, associations, and persons by the Constitution and by the
laws of the Philippines; chanroblesvirtualawlibrary
WHEREAS, in order to ensure speedy implementation of the priority
projects, it is necessary that lands of the public domain be readily
made available to the National Development Company:cralaw:red
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 make part of the law of the land the following:cralaw:red
Section 1. The parcels of land of the public domain
covered by Proclamation No. 1939 dated June 22, 1980, and Proclamation
No. 2041 dated December 9, 1980 and all other lands covered by lease
agreements between the Government of the Republic of the Philippines
and the National Development Company are hereby reclassified as
alienable and disposable lands being more suitable for the priority
projects of the National Development Company. These lands are hereby
brought under the supervision and control of, and conveyed in full and
absolute ownership, subject to private rights if any, to the National
Development Company. The fair market value of said parcels of land
shall be determined by a professional firm of appraisers designated by
the Minister of Industry, and the fair market value so determined shall
be recorded in the books of the National Development Company as part of
the National Government's contribution to the equity capital of the
National Development Company.
The parcels of land herein conveyed shall be registered by the proper
Register of Deeds and corresponding certificates of title shall be
issued in the name of the National Development Company. In the event
that a survey is required for a particular parcel or parcels of land to
establish metes and bounds for purposes of registration, the Bureau of
Lands shall immediately undertake the necessary survey. chanroblesvirtualawlibrary
Section 2. Any provision of law to the contrary
notwithstanding, the President may by executive proclamation declare
and set aside any other tract or tracts of land of the public domain
which shall be made available as a Government reservation, subject to
private rights if any, for the use of the National Development Company
for the purpose of undertaking priority projects, including but not
limited to plantation agriculture, industrial tree plantation,
industrial reservations and other priority projects as may be
authorized by its Revised Charter or by special law. chanroblesvirtualawlibrary
A certified copy of every proclamation of the President issued under
the provisions of this Decree shall be forwarded to and recorded in the
registers of the Bureau of Forest Development, the Bureau of Lands, the
Bureau of Mines, the proper Register of Deeds, and any other
appropriate government bureau, agency or office, within fifteen (15)
days from the date of the proclamation.
Section 3. In the event that a survey of metes and
bounds is necessary, the same may be undertaken by the Bureau of Lands
or by any person or entity duly authorized by the Minister of Industry
and confirmed by the Bureau of Lands within fifteen (15) days from
submission of survey returns.
Section 4. Lands declared as Government reservations
for the use of the National Development Company for priority projects
under the provisions of this Decree shall be recorded in the books of
the National Development Company at their fair market value as
determined by a professional firm of appraisers designated by the
Minister of Industry. The value so established shall form part of the
National Government's contribution to the equity capital of the
National Development Company.
Section 5. The National Development Company shall
develop and use, or cause to be developed and used, the lands made
available under the provisions of this Decree for its priority
projects. For this purpose, the National Development Company may enter
into any contract, including but not limited to lease contracts,
operating agreements, or growers' agreements, with any person or entity
it shall consider competent in connection with the development and use
of all or any portion of the lands herein made available.
Section 6. All laws, decrees, executive orders,
proclamations, instructions, rules or regulations, or parts thereof
which are inconsistent with the provisions of this Decree are hereby
repealed and/or modified accordingly.
Section 7. This Decree shall take effective
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 11th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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