WHEREAS,
major cultural landmarks should be preserved, developed and
administered for the perpetuation of Filipino heritage and the
enhancement of our national identity; chanroblesvirtualawlibrary
WHEREAS, for four hundred years, Intramuros has been a priceless
heritage of the past for the City of Manila and a major historical
landmark of the Philippines;chanroblesvirtualawlibrary
WHEREAS, to preserve and enhance the historical value of Intramuros,
the national historical consciousness program demands its restoration,
development and maintenance, and for this purpose, it is imperative
that a special organization be created, charged with such a vital role
and responsibility;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:cralaw:red
Section 1. Creation of the Intramuros Administration.
— There is hereby created an agency to be known as the Intramuros
Administration, under the direct control and supervision of the
Ministry of Human Settlements. The Administration shall be responsible
for the orderly restoration and development of Intramuros as a monument
to the Hispanic period of Philippine history. As such, it shall ensure
that the general appearance of Intramuros shall conform to
Philippine-Spanish architecture of the Sixteenth to the Nineteenth
Century.
Section 2. Organization of the Administration. — The
Administration shall be directed by a Board of Administrators,
consisting of the Minister of Human Settlements, as Chairman, and as
Members, the Mayor of the City of Manila, the Executive Director of the
National Historical Institute, the Administrator, and such persons as
the President may designate. Its Executive Officer shall be an
Administrator, who shall have the same qualifications, privileges and
rank of a Deputy Minister. The Administration shall be organized and
staffed in accordance with applicable budget and compensation laws:
Provided, That it shall be authorized to engage the services of
architectural, historical, tourism, and other consultants necessary for
its work: Provided, Further, that the President may designate Heads of
Ministries of the national government to serve on the Board in an
ex-officio capacity. Provided, Finally, That the members of the Board
shall receive per diems for each Board Meeting actually attended by
them, at rates and subject to such maximum monthly amount as may be
approved under P.D. No. 985.
The Board of Administrators shall be responsible for the policies and
activities of the Administration. The administrator shall report to the
Board and shall be delegated such authority as the Board may decide.
There shall be an Architectural Committee and such other Committees as
may be created by the Board of Administrators, to advise the
Administration on the architectural or other policy.
Section 3. Functions and Powers. — The Administration
shall have the following functions and powers:cralaw:red
(a) To acquire, lease or hold real property and
personal property as it deems necessary or convenient in the successful
prosecution of its work, and to lease, mortgage, sell, alienate, or
otherwise dispose of such personal and real property;chanroblesvirtualawlibrary
(b) To initiate, plan, undertake and supervise the
restoration, upkeep and maintenance of the Intramuros Walls, including
the ravelins, moat, Sunken Garden, and public places or areas, plazas,
streets and other government properties situated within Intramuros;chanroblesvirtualawlibrary
(c) To adopt, issue, promulgate and implement
regulations pertaining to zoning, building height, dimensions,
architectural style and designs, and other specifications of the
building construction to be undertaken therein;chanroblesvirtualawlibrary
(d) To regulate traffic, street usage, and other
related matters within the area;chanroblesvirtualawlibrary
(e) To determine and regulate the architecture of
buildings erected within Intramuros, the utilization of the said
buildings, the size and nature of display signs, advertising
billboards, neon lights, and other external signs and advertisements in
buildings;chanroblesvirtualawlibrary
(f) To require private holders to modify the design
of existing buildings so as to comply with approved specifications;chanroblesvirtualawlibrary
(g) To expropriate property within the bounds of
Intramuros;chanroblesvirtualawlibrary
(h) To sponsor and conduct festivals and to charge
and collect admission fees to the restored Gates and other attraction
operated by the Administration; and
(i) To undertake other activities necessary to
enhance and achieve its objectives.
Section 4. Transfer of Administration, Properties,
and Appropriations. — The buildings and lands owned by the National
Government administered by the Bureaus of Building and Real Property
Management and by other offices and agencies of the National Government
and the City of Manila, including government-owned or controlled
corporations which are located in Intramuros, are hereby transferred to
the Administration: Provided, That for properties of government
corporations and of the City of Manila, arrangements for compensation
shall be mutually agreed upon between the Administration and the
agencies concerned and recommended to the President for final approval.
The administration of Fort Santiago, the Sunken Garden, the Municipal
Golf Links, including concessions within the Sunken Garden and
elsewhere on public land and other public properties in Intramuros, are
hereby transferred to the Administration: Provided, That the City of
Manila may continue operating the Municipal Golf Links.
Section 5. Operation of facilities. — The
Administration may operate museums, art galleries, theaters, and other
cultural/educational facilities that are incidental and suitable to the
attainment of its objectives: Provided, That the Administration may
operate such facilities, either directly or through existing
institutions such as the National Museum, the Cultural Center of the
Philippines, the National Library, and other agencies of the Government.
Section 6. Commercial activities. — The
Administration may directly, or in association with public or private
enterprises, construct, lease, sell and otherwise operate shopping and
commercial facilities in Intramuros. It may likewise operate guided
tours and offer related tourism services.
Section 7. Building modifications. — The
Administration may require the owners of existing structures to modify
the design of existing buildings: Provided, That subject to the
approval of the Minister of Human Settlements and to availability of
funds, the Administration may utilize its funds to undertake the
modification of existing buildings, whether publicly or privately
owned, so as to modify their external appearance to comply with
approved designs; and Provided, Further, That no changes in the
external appearance of existing building and structures in Intramuros,
including ruins, shall be made without the approval of the
Administration.
Section 8. Road maintenance. — The budgetary
allocation for the maintenance of national and local roads within
Intramuros area shall be released to the Administration, which shall
undertake such roads maintenance directly or by management with the
Ministry of Public Highways, the City of Manila, or with private
parties capable of doing the work, subject to applicable government
rules and regulations.
Section 9. Traffic management. — The administration
shall control the nature, extent, and timing of the access of private
and public vehicles into Intramuros. For this purpose, the approval of
public transportation routes going through Intramuros shall be subject
to the concurrence of the Administration.
Section 10. Construction work. — Construction and
other civil works may be undertaken directly by the Administration or
with the assistance of the Ministry of Public Works, Transportation and
Communications, the City of Manila, or by private contractors, subject
to applicable government rules and regulations.
Section 11. Real property tax discount. — The
Administration, in consultation with the Minister of Finance, may
extend discounts on real property assessments situated within
Intramuros, so as to encourage the private sector to engage in the
construction of duly approved facilities: Provided, That such
incentives shall apply only to new construction and to improvements of
existing building that conform to the Administration's architectural
specifications.
Section 12. Investment incentives. — The
Administration, in consultation with the Minister of Industry or the
Minister of Tourism, as the case may be, may extend investment
incentives for industries and enterprises established in Intramuros,
not exceeding those granted for pioneer enterprises: Provided, That the
industries operating in Intramuros shall be limited to those that are
consistent with its historical atmosphere and shall not be the source
ofr, noise, water or other types of pollution. chanroblesvirtualawlibrary
Section 13. Appropriations. — The appropriations
pertaining to Intramuros which are in the budget of the National
Historical Institute and the National Parks Development Committee are
hereby transferred to the Administration. The Minister of Human
Settlements may fund additional operating and capital expenditures out
of the appropriations provided for the Ministry of Human Settlements in
Batas Pambansa Blg. 1. chanroblesvirtualawlibrary
Section 14. Revolving Fund. — The Administration is
authorized to established a Revolving Fund into which shall accrue
revenues from operating and commercial transactions undertaken by the
Administration. Such revenues shall be automatically appropriated to
cover expenses incurred in such commercial operations, subject to
pertinent budget compensation accounting, and audit law and regulations.
Section 15. Domestic and foreign loans. — The
Administration is authorized to borrow funds from domestic or foreign
sources, subject to applicable laws and regulations and the approval of
the Minister of Finance.
Section 16. Grants/contributions. — The
administration is authorized to accept and receive grants/contributions
from private parties to the obligated and disbursed in such manner as
the Authority may, in the exercise of sound discretion, deem best to
accelerate the restoration or enhance the maintenance of historical
facilities in Intramuros and contribute to their development and
preservation. The Administration is likewise authorized to give grants
and contributions to private parties for the restoration or maintenance
of historical facilities in Intramuros. All grants and donations to the
Intramuros Administration shall be exempt from donors and other taxes
and shall be fully deductible, over and above what is ordinarily
allowable under the national internal revenue code, for purposes of
computing liabilities of the donor on income tax, estate tax, or gift
or donor's tax on other donations: Provided, That the value or
donations in kind shall be determined in consultation with the
Commissioner of Internal Revenue. chanroblesvirtualawlibrary
Section 17. Repealing Clause. — P.D. No. 1537 and
1277 and other laws, Decrees, Acts, Letters of Instructions, Executive
Orders, which are inconsistent with this Act, are hereby repealed or
modified accordingly.
Section 18. Separability Clause. — If, for any
reason, any section or provision of this Decree is declared to be
unconstitutional or invalid, other sections or provisions thereof which
are not affected thereby, shall continue in full force and effect.
Section 19. Effectivity. — This Decree shall take
effect upon its approval.
Done in the City of Manila,
this 10th day of April, in the year of Our Lord, nineteen hundred and
seventy-nine.
|