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PRESIDENTIAL DECREE NO. 437
PRESIDENTIAL DECREE NO. 437 -
REPEALING AND AMENDING CERTAIN SectionS OF REPUBLIC ACT NO. 5906,
OTHERWISE KNOWN AS "THE CHARTER OF THE CITY OF PUERTO PRINCESA"
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WHEREAS,
under the second paragraph of Section 92, Republic Act No. 5906,
otherwise known as "The Charter of the City of Puerto Princesa", the
National Government has ceded to the City of Puerto Princesa, the
ownership and possession of all lands of the public domain within the
city, and that under paragraph (uu), Section 15 of the same Act, the
City Council has the power to dispose of by lease or otherwise all
lands of the public domain ceded to it by the National
Government; chanroblesvirtualawlibrary
WHEREAS, included in the lands of the public domain ceded to the city
are public forests and grazing lands which, by their nature and
classification, are neither alienable nor disposable, and hence, the
grant of "ownership" thereof to the city is of doubtful
constitutionality;chanroblesvirtualawlibrary
WHEREAS, the City of Puerto Princesa does not have the necessary
administrative machinery to manage and dispose of the lands of the
public domain and as a result the administration, management and
disposition of public lands within the city have been in a chaotic
situation;chanroblesvirtualawlibrary
WHEREAS, the grant of authority to the city to dispose of by lease or
otherwise the public lands within the city has resulted in the
proliferation of agencies administering public lands, which is not
conducive to sound government administration and has given rise,
besides, to wasteful overlapping of functions;chanroblesvirtualawlibrary
WHEREAS, to accelerate and insure the effective distribution of public
lands for the benefit of legitimate occupants, claimants and/or
applicants within the city, it is necessary to return to the Bureau of
Lands all lands of the public domain within the city for administration
and disposition in accordance with the provisions of Commonwealth Act
No. 141, as amended, otherwise known as "The Public Land Act", and
other related land laws.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, and pursuant to Proclamation No. 1081, dated September
21, 1972, and General Order No. 1, dated September 22, 1972, do hereby
order and decree as follows: chanroblesvirtualawlibrary
Section 1. Paragraph (uu) of Section 15, Republic Act
No. 5906 is hereby repealed.
Section 2. Section 92 of the same act is hereby
amended by deleting the second paragraph thereof and inserting, in lieu
thereof, a new paragraph to read as follows:cralaw:red
"The disposition of all lands of the public domain within the city
shall be in accordance with the provisions of Commonwealth Act No. 141,
as amended, otherwise known as "The Public Land Act": Provided, that
all incomes, receipts and profits derived from such disposition shall
accrue exclusively to the city notwithstanding any provision of law to
the contrary."
Section 3. This decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 16th day of April, in the year of Our Lord, nineteen hundred and
seventy-four.
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