PERTAINING
TO THE PRESERVATION, BEAUTIFICATION, IMPROVEMENT AND GAINFUL
UTILIZATION OF THE PASIG RIVER, PROVIDING FOR THE REGULATION AND
CONTROL OF POLLUTION OF THE RIVER AND ITS BANKS IN ORDER TO ENHANCE ITS
DEVELOPMENT, THEREBY MAXIMIZING ITS UTILIZATION FOR SOCIO-ECONOMIC
PURPOSES.
WHEREAS,
it has become imperative to prevent the further deterioration of the
Pasig River which has resulted due to the indiscriminate disposal of
wastes into the river, due to the lack of proper maintenance and due to
the inadequacy of systems of control over the use of the waterways of
the river;
WHEREAS,
the innate beauty and aesthetic qualities of the Pasig River and its
banks remain overshadowed and consequently untapped on account of the
continued existence of obstructions and eyesores right along the river
and its banks;
WHEREAS,
by bringing out its natural and potential beauty through the cleansing
of its waters of the clutters of wastes and debris likewise by ridding
it of the pollutants that surround it, the Pasig River could become a
major tourist attraction, providing a significant source of foreign
exchange earnings for the country;
WHEREAS,
The Pasig River holds a strong influence on the socio-economic
development of the areas around it and that to date this recognized
potential has not yet been tapped;
WHEREAS,
the current thrusts of development point to the need to tap the latent
resources of the river by improving the carrying characteristics of its
waterways and properly controlling its use as drainage and navigational
channel to make it a major thoroughfare for maritime transport;
NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the authority vested in me
as Commander-in-Chief of all Armed Forces of the Philippines and
pursuant to Proclamation No. 1081 dated September 21, 1972, as amended,
do hereby order and decree:
Sec. 1.
The Immediate Implementation of the Pasig River Development Program -
This shall be a joint undertaking of the public and private sectors for
the primary purpose of developing the Pasig River and its environs
within a minimum period of three years to achieve maximum social,
economic, and environmental benefits. The developments shall include
projects along public works activities like drainage, navigation,
tourism, and recreational activities, low and medium cost housing,
parks, small-scale industries, and land easements along the river banks.cralaw:red
Sec. 2.
Incentives to be Granted -
In
order
to effect the accelerated, complete and successful implementation of
the program and the attainment of its objectives, the following
incentives are hereby provided:
-
To
those industries undertaking the necessary measures to control
pollution in the area and to those agencies involved in low and medium
cost housing, parks, small-scale industries and land easements along
the river banks, all duties paid on anti-pollution devices and
equipment of the agencies involved in activities under the program
shall be reimbursed by the government. Provided also that all expenses
inclusive of research shall be allowed as deductible items from the
taxable income of these industries and agencies.
-
To
those industries/ persons whose activities will enhance the utilization
of Pasig River and its environs for Tourism purposes,(e.g., regatta
activities, floating restaurants, etc.) the same incentives as those
provided in (a) above shall hold. Provided in addition, that other
provisions governing Incentives Law on Tourism Priorities Plan of the
National Government shall also apply.
Sec. 3.
Police Powers -
The
government shall in the course of implementing the Pasig River
Development Program be clothed with the following specific police
powers in addition to existing police powers presently enjoyed by the
National Government.
-
To
impose levies in the form of local tax on all industrial and
commercial users of the Pasig River proper and its tributaries as well
as the esteros branching from and draining into the Pasig River.
-
To
institute penal actions on any person or legal entity committing acts
or omissions in violation of the rules and regulations promulgated by
the National Government as exemplified and enumerated under Sec.6 of
R.A. 3931 otherwise known as the Pollution Control Law and as
implemented by National Water and Air Pollution Control Commission,
specifically the rules and regulations relevant to the Pasig River
Development Program. It is hereby provided that in cases of persons who
are convicted by the appropriate courts, a maximum fine of Php10,000.00
and / or imprisonment from six to twelve years or both shall be imposed
at the discretion of the court, it is further provided that in case of
acts or omissions committed by other legal or juridical entities the
manager thereof shall be held liable, with an accessory penalty of
suspension for a reasonable period of time of its permit to operate for
the first offense, and the cancellation of the permit to operate for
the second offense.
Sec. 4.
Appropriation -
Upon approval of the President, a Trust Fund Account shall be created
to finance the Pasig River Development Program and other river works
projects of the National Government to be deposited in the National
Treasury which shall be generated from the following sources:
-
Proceeds from levies (in the form of local taxes) on industrial and commercial users as provided in Sec. 3 of this decree,
-
Fund
releases from appropriations under the Infrastructure Program,
Provided, That for FY 1974 P 7 million shall be appropriated for the
Pasig River Development Program from the Infrastructure Program
Allocation for Miscellaneous Public Works:
Provided,
further, That a minimum of P7 million shall be annually appropriated in
the Regular Infrastructure Program for the succeeding Fiscal Years as
continuing appropriations; and
-
Fund releases from other appropriation as prescribed and authorized by the President or his duly authorized representative.
Sec. 5. All previous laws, decrees, orders, directives and memoranda issued inconsistent with the above are hereby revoked.cralaw:red
Sec. 6. This Decree shall take effect immediately.cralaw:red
Done in the City of Manila, this 18th day of August, in the year of Our Lord, nineteen hundred and seventy three.
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