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PRESIDENTIAL DECREE NO. 634
PRESIDENTIAL DECREE NO. 634
- GRANTING THE MANILA INTERNATIONAL PORT TERMINALS, INC. A FRANCHISE TO
CONSTRUCT, OPERATE AND MAINTAIN FLOATING BONDED WAREHOUSES AND COLD
STORAGE FACILITIES IN THE MANILA BAY AND OTHER NAVIGABLE WATERS IN THE
VICINITY, AND REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 4138, AS
AMENDED
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WHEREAS,
Republic Act No. 4138, as amended, granted the San Luis Warehousing
Corporation a franchise to construct, maintain and operate floating
bonded warehouses and cold storage facilities in the Manila Bay and
other navigable waters in the vicinity and providing guidelines for its
operations;chanroblesvirtualawlibrary
WHEREAS, the years have since elapsed and nothing has been achieved by
said corporation towards the fulfillment of its obligations under said
Act;chanroblesvirtualawlibrary
WHEREAS, recent worldwide economic trends and developments have proven
that it is indispensable to have modern port facilities to ensure an
efficient and less expensive system for the crating, hauling and
transportation of bulk cargoes, goods and merchandises; and
WHEREAS, the demand of continued economic growth and development of the
nation require the immediate cancellation of the said franchise and the
grant of the same to another deserving corporation;chanroblesvirtualawlibrary
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 order:cralaw:red
Section 1. Republic Act Numbered Forty-one hundred
thirty-eight, entitled "An Act Granting San Luis Warehousing
Corporation a Franchise to Construct, Operate and Maintain Floating
Bonded Warehouses and Cold Storage Facilities in the Manila Bay and
other Navigable Waters in the Vicinity", as amended by Republic Act
Numbered Fifty-seven hundred ninety-six is hereby repealed.
Section 2. Subject to the terms and conditions
established in this Decree and in Act Numbered Twenty-one hundred
thirty-seven and to the provisions of the Constitution, the Manila
International Port Terminals, Inc., is hereby granted for a period of
twenty-five years, renewable for another twenty-five years, the right,
privilege and authority to construct, operate and maintain modern
container terminals, bonded warehouses, storage depots, cold and
refrigerated storage, cargoes and transit sheds, conveyor piers, docks,
landing and berthing facilities, access roads, bridges, seawalls,
bulkheads and fillings in the area of the North Harbor, Manila Bay,
subject to private rights, if any there be, which area is more
particularly described as follows:cralaw:red
"A portion of the Manila Bay and adjoining land area, situated in the
North Harbor, District of Tondo, City of Manila, enclosed by the
boundary beginning at a point marked "1" on the plan identified as the
Farola lighthouse along the Pasig River thence South 88o00w, 280m to
point 2; thence South 83o30'w, 1,540m to point 3; thence North 12o30w,
380m to point 4; thence North 64o00w, 1,020m to point 5; thence North
81o30w, 115m to point 6, thence South 78o00w, 250m to point 7; thence
North 4o00e, 365m to point 8; thence North 77o30e, 200m to point 9,
thence 54o00e, 105m to point 10; thence North 31o00e, 690m to point 11;
thence North 62o30e, 1,035m to point 12; thence South 34o00e, 2,115m to
point 13; thence North 86o15e, 650m to point 14; thence South 3o30e,
190m to point 15; thence South 89o00w, 280m to point 16; thence South
4o30e, 230m to point of beginning, and consisting approximately of
375.34 hectares," (Note: All data are approximate and subject to change
based on future surveys. The "Meters and Bounds Plan" is attached
hereto and made part hereof.)
for the purposes aforesaid, and to charge and collect a schedule of
rates and fees for the use of the said container terminals and
facilities, storage depots, docks, landing facilities, developed land
areas, and shipping and allied commercial facilities, which schedule
shall be subject to the prior approval of the Secretary of Finance who
is authorized to fix, or revise, such schedule of fees and rates on the
basis of prevailing charges for similar facilities and services, and
considering the grantee's total investments and commitments plus a fair
and reasonable profit: Provided however, That the jurisdiction of the
Bureau of Customs over the area hereinabove defined, and the
installations and facilities constructed thereon, shall be maintained.
Section 3. All the containerization handling system,
apparatus, and equipment, berthing, shipping, and storage facilities to
be installed and used by the grantee shall be modern and comparable to
similar facilities of ports abroad.
Section 4. The grantee shall hold the national and
municipal governments harmless from all claims, accounts, demands or
actions arising out of accidents or injuries and damages, whether to
property or to persons caused by the construction or operation of the
said container terminals, warehouses, cold storage, conveyor pier and
landing facilities of the grantee.
Section 5. The Secretary of Public Works,
Transportation and Communications shall have the power and authority to
permit the construction of the said container terminals, warehouses,
cold storage sheds, conveyor piers, and other attendant facilities on
the area defined hereinabove on the basis of plans and specifications
submitted to, and approved by his office, and under such terms and
conditions relative to such constructions and installations as he may
prescribe: Provided, however, That the area hereinabove defined may be
expanded or new areas, not necessarily contingent, added, conformably
with the approved plans and technical studies designed to promote the
progress of port and harbor development in the Manila Bay area.
Section 6. The grantee shall not lease, transfer,
grant the usufruct of, sell or assign this franchise or the rights and
privileges granted thereunder to any person, firm, company, corporation
or their commercial or legal entity, nor merge with any other person,
company, or corporation organized for the same purpose, without the
prior approval of the President of the Philippines. Any corporation to
which this franchise may be sold, transferred, or assigned, shall be
subject to the corporation laws of the Philippines now existing or
hereafter enacted, and any person, firm, company, corporation or other
commercial or legal entity to which the franchise is sold, transferred
or assigned, shall be subject to all conditions, terms, restrictions
and limitations of this franchise as fully and completely and to the
extent as if the franchise had been originally granted to the said
person, firm, company, corporation or other commercial or legal entity:
Provided, however, That subject to such terms and conditions as the
Secretary of Finance may prescribe, the grantee may lease or sublease
to any entity not disqualified by law the improvements it may have made
or introduced in the area or mortgage the same to any financial
institution in the Philippines to raise capital for further or
additional improvements.
Section 7. The grantee shall be liable to pay the
same taxes on its real estate, buildings, improvements, and personal
property, exclusive of the franchise, as other persons or corporations
are now or hereafter may be required by law to pay; however, capital
goods, machineries, equipment, and materials brought into the country
by the grantee exclusively for the constitution or operation of the
container terminals, piers and all attendant facilities shall be free
from customs duties and taxes.
Section 8. Upon expiration of the period hereinabove
prescribed, should the Government sell or lease the improvements made
by the grantee, or have its operations and management conducted by
other parties, the grantee shall have the preferred and preemptive
right to equal the best bid or offer.
Section 9. All laws, decrees, rules and regulations
inconsistent herewith are hereby repealed and/or modified accordingly.
Section 10. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 7th day of January, in the year of Our Lord, nineteen hundred and
seventy-five.
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