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PRESIDENTIAL DECREE NO. 1084
PRESIDENTIAL DECREE NO. 1084 -
CREATING THE PUBLIC ESTATES AUTHORITY, DEFINING ITS POWERS AND
FUNCTIONS, PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES
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WHEREAS,
there is a need to provide a coordinated, economical and efficient
administration of lands and real estate, especially reclaimed lands,
belonging to, managed and/or operated by the government;chanroblesvirtualawlibrary
WHEREAS, a government-owned and/or controlled entity organized for the
purpose is necessary;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. Short title. — This decree shall be known
as the Charter of the Public Estates Authority.
Section 2. Declaration of policy. — It is the
declared policy of the State to provide for a coordinated, economical
and efficient reclamation of lands, and the administration and
operation of lands belonging to, managed and/or operated by the
government, with the object of maximizing their utilization and
hastening their development consistent with the public interest.
Section 3. Creation, name, domicile and terms. —
There is hereby created a body corporate to be known as the Public
Estates Authority, hereinafter referred to as the "Authority" which
shall have the attribute of perpetual succession and possessed of the
powers of corporations, to be exercised in conformity with the
provisions of this charter.
The principal office of the Authority shall be determined by its Board
of Directors. It may establish such offices, agencies or branches in
the Philippines as its business operations would require.
The Authority shall have a term of fifty (50) years from the issuance
hereof, which shall be deemed for an equal period unless sooner
dissolved by law.
Section 4. Purposes. — The Authority is hereby
created for the following purposes:cralaw:red
a. To reclaim land, including foreshore and submerged
areas, by dredging, filling or other means, or to acquire reclaimed
land;chanroblesvirtualawlibrary
b. To develop, improve, acquire. administer, deal in,
subdivide, dispose, lease and sell any and all kinds of lands,
buildings, estates and other forms of real property, owned, managed,
controlled and/or operated by the government;chanroblesvirtualawlibrary
c. To provide for, operate or administer such
services as may be necessary for the efficient, economical and
beneficial utilization of the above properties.
Section 5. Powers and functions of the Authority. —
The Authority shall, in carrying out the purposes for which it is
created, have the following powers and functions: chanroblesvirtualawlibrary
a. to prescribe its by-laws.
b. To sue and be sued in its corporate name.
c. to adopt and use a seal and alter it at its
pleasure.
d. To purchase, lease, build, alter, construct,
erect, enlarge, occupy, manage, sell, mortgage, dispose of or otherwise
deal in, buildings of every kind and character whatsoever, whether
belonging to, or to be acquired by the Authority.
e. To construct, maintain and operate mains, pipes,
machinery, water reservoirs, artesian wells as may be reasonably and
necessarily required for the transaction of the lawful business of the
Authority.
f. To own or operate railroads, tramways and other
kinds of land transportation, vessels and pipelines, power house,
hotels, restaurants, terminals, warehouses and to manufacture, produce,
purchase, sell, dispose, encumber or otherwise deal in, rolling stock,
equipment, tools and other appliances; to construct and operate in
connection with its railroad lines toll viaducts, toll bridges and toll
tunnels.
g. To construct, maintain and operate such systems of
sanitary sewers as may be necessary for the proper sanitation of its
areas of operation; to charge and collect such sums for construction
and rates for this service as may be determined by the Board to be
equitable and just; and to process waste materials obtained in the
sewers for fertilizing purposes.
h. To construct, maintain and operate such storm
drains as may be necessary.
i. To hold lands of the public domain in excess of
area permitted to private corporations by statute.
j. To reclaim lands and to construct work across, or
otherwise, any stream, watercourse, canal, ditch, flume, street,
avenue, highway or railway of private or public ownership, as the
location of said works may require, provided that said works be
constructed in such a manner not to endanger life or property or in a
manner not to impair unnecessarily their usefulness. Every person or
entity whose property is crossed or intersected by said works shall not
obstruct any such crossings or intersections and shall grant the
Authority or its representatives, the proper authority for the
execution of such work. The Authority is hereby given the right-of-way
to locate construct and maintain such works over the throughout the
lands owned by the Republic of the Philippines or any of its branches
and political subdivisions. The Authority or its representatives may
also enter upon private property in the lawful performance or
prosecution of its business and purposes: provided that the owner of
such private property shall be indemnified for any actual damage caused
thereby.
k. To issue such regulations as may be necessary for
the proper use by private parties of any or all of the highways, roads,
utilities, buildings and/or any of its properties and to impose or
collect fees or tolls for their use provided that all receipts by the
Authority from fees, tolls and other charges are automatically
appropriated for its use.
l. To organize subsidiary companies to undertake any
of the activities mentioned herein. The capital stock of such
subsidiary companies shall be subscribed in whole or in part by the
Authority. chanroblesvirtualawlibrary
m. To enter into, make, perform and carry out
contracts of every class and description, including loan agreements,
mortgages and other types of security arrangements, necessary or
incidental to the realization of its purposes with any person, firm or
corporation, private or public, and with any foreign government or
entity.
n. To exercise the right of eminent domain in the
name of the Republic of the Philippines, and in the acquisition of real
estate by condemnation proceedings, the title to such real estate shall
be taken in the name of the Republic of the Philippines, and thereupon
all such real estate shall be entrusted to the Authority as the agent
of the Republic of the Philippines to accomplish thems and purposes of
this decree.
o. To perform such acts and exercise such functions
as may be necessary for the attainment of the purposes and objectives
herein specified.
p. To promulgate such rules and regulations as may be
necessary to carry out its purposes and to provide penalties for the
violation thereof, which penalties shall be a fine of not more than
five hundred pesos or imprisonment for not more than six months, or
both such fine and imprisonment in the discretion of the court.
q. To perform such other functions as may be provided
by law.
Section 6. Governing Body. — The Authority shall be
governed by a Board of Directors, hereinafter referred to as the
"Board" which shall be composed of a Chairman and four (4) members, to
be appointed by the President of the Philippines. The Chairman and
members of the Board shall serve for a term of three (3) years or until
their successors shall have been appointed and qualified. In case of
any vacancy in the Board the same shall be filled by the President of
the Philippines for the unexpired term.
The Chief Executive of the Authority shall be a General Manager who
shall be appointed by the President of the Philippines for the same
term.
No person shall be appointed as Chairman or member of the Board, or as
General Manager, unless he is a natural-born citizen of the
Philippines, at least thirty (30) years of age and of established
integrity.
Section 7. Capital Stock. — The Authority shall have
an authorized capital stock divided into THREE MILLION (3,000,000) no
par value shares to be subscribed and paid for as follows:cralaw:red
a. TWO MILLION (2,000,000) shares shall be originally
subscribed and paid for by the Republic of the Philippines by the
transfer, conveyance and assignment of all the rights and interest of
the Republic of the Philippines in that contract executed by and
between the Construction and Development Corporation of the Philippines
and the Bureau of Public Highways on November 20, 1973 the fair value
of such rights and interests to be determined by the Board of Directors
and approved by the President of the Philippines and the amount of FIVE
MILLION (P5,000,000.00) PESOS in cash;chanroblesvirtualawlibrary
b. The remaining ONE MILLION (1,000,000) shares of
stock may be subscribed and paid for by the Republic of the Philippines
or by government financial institutions at values to be determined by
the Board and approved by the President of the Philippines. chanroblesvirtualawlibrary
The fair value of the interests hereby transferred shall, for all
intents and purposes, be considered as paid-up capital pertaining to
the government of the Republic of the Philippines in the Authority.
The voting power pertaining to the shares of stock subscribed by the
government of the Republic of the Philippines shall be vested in the
President of the Philippines or in such person or persons as he may
designate.
Section 8. Duties and Responsibilities of the General
Manager. — The General Manager shall have the following duties and
responsibilities:cralaw:red
a. To act as Chief Executive of the Authority.
b. To execute, administer and implement the policies
and measures approved by the Board.
c. To direct and supervise the operations and
administration of the Authority.
d. To represent the Authority in all dealings with
offices, agencies and instrumentalities of the government and with all
persons and other entities, public or private, domestic or foreign.
e. To prepare the agenda for the meetings of the
Board, and to submit for the consideration of the Board such policies
and measures as he believes necessary to carry out the purposes and
objectives of this Decree.
f. To exercise such other powers and perform such
other duties provided in the by-laws and as may be vested in him by the
Board. chanroblesvirtualawlibrary
Section 9. Issuance of bonds. — The Authority upon,
the recommendation of the Secretary of Finance, the Monetary Board and
the National Economic and Development Authority and with the approval
of the President, is hereby authorized to issue bonds or other
securities, whether tax-exempt or not, which may be guaranteed by the
government, to finance its operations.
Section 10. Auditor. — The Commission on Audit shall
appoint, subject to the approval of the Board, a representative who
shall be the Auditor of the Authority and such personnel as may be
necessary to assist said representative in the performance of his
duties.
Section 11. Appointment, control and discipline of
personnel. — The Board, upon recommendation of the General Manager of
the Authority, shall appoint the officers and employees of the
Authority and its subsidiaries; fix their compensation, allowances and
benefits, their working hours and such other conditions of employment
as it may deem proper; grant them leaves of absence under such
regulations as it may promulgate; discipline and/or remove them for
cause; and establish and maintain a recruitment and merit system for
the Authority and its affiliates and subsidiaries.
Section 12. Loans. — The Authority, as well as any
affiliate corporation in which it holds, owns and/or controls by itself
or jointly with one or more government-owned or controlled corporations
at least seventy-five per cent (75%) of the issued and outstanding
shares of stock entitled to vote, when specifically authorized by the
President of the Philippines, is hereby authorized to contract loans,
credits, in any convertible foreign currency or capital goods, and
indebtedness from time to time from foreign governments, or any
international financial institutions or fund sources, or any entities,
on such terms and conditions as it shall deem appropriate for the
accomplishment of its purposes and to enter into and execute agreements
and other documents specifying such terms and conditions. chanroblesvirtualawlibrary
Section 13. Government financial institutions
guarantees. — The provision of any law to the contrary notwithstanding,
any financial institution owned or controlled by the government of the
Republic of the Philippines, other than the Central Bank, Government
Service and Insurance System and the Social Security System, is hereby
empowered to guarantee acceptance credits, loans, transactions,
undertakings or obligations of any kind which may be incurred by the
Authority, whether directly or indirectly, in favor of any person,
association or entity, whether domestic or foreign.
Section 14. Reports. — The Authority shall, within
three months after the end of every fiscal year submit its annual
report to the President. It shall likewise submit such periodic or
other reports as may be required of it from time to time.
Section 15. Appropriations. — The amount of FIVE
MILLION (P5,000,000.00) PESOS which shall constitute partial payment of
the subscription of the Republic of the Philippines in the capital
stock of the corporation as provided in Section 7 of this charter is
hereby appropriated out of any funds in the National Treasury not
otherwise appropriated.
Section 16. Separability clause. — Should any
provision of this Decree be held unconstitutional, no other provision
hereof shall be affected thereby.
Section 17. Repealing clause. — All laws, decrees,
executive orders, administrative orders, rules and regulations or parts
thereof inconsistent herewith are hereby repealed, amended or modified
accordingly.
Section 18. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 4th day of February, in the year of Our Lord, nineteen hundred and
seventy-seven.
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