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PRESIDENTIAL DECREE NO. 802
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PRESIDENTIAL DECREE NO. 802 -
CONVEYING THE LANDS RECLAIMED OR TO BE RECLAIMED IN THE AREA OF NORTH
HARBOR, MANILA BY THE MANILA INTERNATIONAL PORT TERMINALS INC. SINGLY
OR JOINTLY WITH OTHER ENTITIES
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(REPEALED
BY PRESIDENTIAL DECREE NO. 1284)
WHEREAS, under Presidential Decree No. 634, the Manila International
Port Terminals Inc. is authorized, among others, to do fillings or
reclamation in the area of the North Harbor, Manila, as described
therein;chanroblesvirtualawlibrary
WHEREAS, under Letter of Instructions No. 293, the Government Service
Insurance System is authorized to extend financial assistance to the
Manila International Port Terminals Inc. for the development and
construction of the Manila International Port Terminal Complex;chanroblesvirtualawlibrary
WHEREAS, the actuarial solvency of the Retirement Insurance Fund must
always remain unimpaired;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 that:cralaw:red
Section 1. Notwithstanding any provisions of law,
decree, rules, or regulations to the contrary, and as a matter of
public interest, the Government Service Insurance System is hereby
authorized to extend financial assistance to the Manila International
Port Terminals Inc. under such terms which transaction(s) shall be
subject to the approval of the President of the Philippines.
Section 2. In consideration of the financial
assistance to be extended by the Government Service Insurance System
pursuant to Section 1 hereof, all lands already reclaimed as described
in Presidential Decree No. 634, or to be reclaimed by the Manila
International Port Terminals Inc., either singly or jointly with the
Department of Public Works, Transportation and Communications, or other
entities, together with the resulting foreshore areas, irrespective of
the sources of funding, shall be conveyed, transferred, and ceded to
the Government Service Insurance System as additional contribution of
the National Government to augment the actuarial solvency of the
Retirement Insurance Fund. For this purpose, the foreshore lands to be
reclaimed shall be reclassified as industrial lands. chanroblesvirtualawlibrary
Section 3. The lands reclaimed and to be reclaimed
including the foreshore lands shall be surveyed by the Bureau of Lands
to ascertain their accurate location, boundaries, and areas.
Thereafter, the reclaimed lands so verified shall be registered and
titled in the name of the Government Service Insurance System and the
Register of Deeds shall issue the corresponding certificate of title to
the GSIS.
Section 4. The reclaimed areas shall be leased by the
Government Service Insurance System to the Manila International Port
Terminals Inc. for a period of twenty-five (25) years, renewable for
another twenty-five (25) years, at lease rentals to be determined on
the basis, among others, of the total investments and commitments to be
recovered by the GSIS plus a fair and reasonable profit thereon in
consideration of the right, privilege, and authority granted to the
Manila International Port Terminals Inc. to utilize such areas. The
lease shall be mutually agreed upon by the President of the
Philippines, but no case shall it impair or prejudice any privilege
granted to the MIPTI under Presidential Decree No. 634.
Section 5. Any provision of law, proclamation,
ordinance, rules, and regulations to the contrary notwithstanding, the
Government Service Insurance System may, subject to the approval of the
President of the Philippines, transfer or convey ownership of any
portion or portions of the lands reclaimed and convey the same to
persons or corporations qualified to acquire land under the
Constitution, or lease the same or any portion or portions thereof to
any person or corporation for commercial or industrial purposes only.
Section 6. All laws, executive orders, proclamations,
rules, and regulations or part thereof, inconsistent with this Decree
are hereby replaced and/or modified accordingly. chanroblesvirtualawlibrary
Section 7. All offices concerned are hereby directed
to act accordingly.
Section 8. This Decree shall take effect immediately.
Done in the City of Manila,
this 18th day of September, in the year of Our Lord, nineteen hundred
and seventy-five.
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