WHEREAS,
the restoration and development of Intramuros is a major historical
project of the Government;chanroblesvirtualawlibrary
WHEREAS, there is a need to strengthen the Intramuros Administration to
enable it to effectively implement its development Plan and to carry
out its other responsibilities in relation thereto;chanroblesvirtualawlibrary
WHEREAS, the implementation of the Development Plan for Intramuros
requires the joint effort of the government and the private sectors.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me by the Constitution do hereby Order
and Decree:cralaw:red
Section 1. Section 3 of P.D. No. 1616 is amended to
read as follows:cralaw:red
"Sec. 3. Functions and Powers. — The Administration
shall have the following functions and powers:cralaw:red
(a) Formulate, coordinate and/or execute policies on
the implementation of all programs, projects and activities of the
government affecting or relating to Intramuros;chanroblesvirtualawlibrary
(b) Enter into contracts with any private persons or
entity or any government agency, either domestic or foreign, whenever
necessary for the effective discharge of its functions and
responsibilities under such terms and conditions as it may deem proper
and reasonable;chanroblesvirtualawlibrary
(c) Acquire through sale, expropriation or other
means, hold real and personal property as it may deems necessary or
convenient in the successful prosecution of its work, and lease,
mortgage, sell alienate, or otherwise dispose of such personal and real
property;chanroblesvirtualawlibrary
(d) Receive, take and hold by bequest, device,
donation, gift, purchase or lease, from foreign or domestic sources,
either absolutely or in trust for any of its purposes, any asset, grant
or property, real or personal, subject to such limitations as are
provided in existing laws and regulations; to convey such assets, grant
or property; invest and reinvest the same and deal with and expand its
assets and income in such manner as will best promote its objectives;chanroblesvirtualawlibrary
(e) 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-owned or managed properties situated
within Intramuros;chanroblesvirtualawlibrary
(f) Prepare, adopt, revise and enforce such rules and
regulations, implementing guidelines and standards as are necessary for
the effective regulation of the land use and development activities in
Intramuros of both the government and private entities and for the
implementation of the Intramuros Plan, including, but not limited to
development rules and regulations pertaining to the following: chanroblesvirtualawlibrary
1. Land use allocation, use of buildings, their
height, dimensions, architectural style and designs and other
specifications of the building construction to be undertaken therein;chanroblesvirtualawlibrary
2. Traffic management, street usage and other related
matters;chanroblesvirtualawlibrary
3. Size and character of display signs, advertising
billboards, and other external signs and advertisements in buildings,
in open spaces lots or roads;chanroblesvirtualawlibrary
4. Supervision and control of all activities
involving archaeological diggings, excavations and exploration within
Intramuros including the use, disposition, registration and maintenance
of archaeological findings and discoveries;chanroblesvirtualawlibrary
(g) Expropriate properties within Intramuros;chanroblesvirtualawlibrary
(h) Sponsor, conduct, or otherwise assist and support
festivals and cultural activities in Intramuros, and charge and collect
admission fees to the restored Gates and other attractions operated by
the Administration;chanroblesvirtualawlibrary
(i) Give grants, contributions and donations for the
restoration, repair or maintenance of historic structures in
Intramuros, including San Agustin Church, and of structures outside of
Intramuros which are of similar nature and character as those which
existed in Intramuros, for the conduct of historical, architectural,
archaeological and other research, and for other purposes in
furtherance of its objectives;chanroblesvirtualawlibrary
(j) Prescribe and collect reasonable amounts to be
charged as filing fees, inspection fees, permit fees, and other
administrative or service fees necessary for the effective enforcement
of its laws and regulatory measures, to be used and disbursed by it in
the manner determined by it to promote its objectives;chanroblesvirtualawlibrary
(k) Exercise all powers necessary or incidental to
the attainment of the objectives of this Decree."
Section 2. Section 4 of P.D. No. 1616 is hereby
amended to read as follows:cralaw:red
"Sec. 4. Transfer of Administration and Properties. —chanroblesvirtualawlibrary
The ownership of the properties of national government agencies located
within Intramuros shall, upon agreement with the agencies concerned, be
transferred to the Administration. The properties of government
corporations, on the other hand, shall, subject to mutually acceptable
terms and conditions, be sold to the Administration. In the case of
government financial institutions sale to the Administration of their
properties shall also include acquired assets located within Intramuros.
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, without prejudice to the
operation of the Municipal Golf Links by the City of Manila or other
organization as may be approved.
All proposed transactions affecting private properties within
Intramuros shall be registered with the Administration. The
Administration shall, in the case of sale, have the right of first
refusal.
Section 3. A new Section 7 is hereby inserted between
Sections 6 and 7 of P.D. No. 1616 as follows:cralaw:red
"Sec. 7. Locational Clearance, Construction and other
Permits. —chanroblesvirtualawlibrary
All locational clearances and construction permits for the development
of lands, introduction of improvements, and the use, change of use,
construction, repair, alteration or re-construction of buildings within
Intramuros and other forms of permits such as for excavations or
archaeological diggings shall be issued by the Administration on the
basis of the approved Intramuros Development Plan, its architectural
development standards and other implementing rules and regulations. The
Administration may seek the assistance of Manila and Metro Manila
offices insofar as the minimum standards of safety of buildings,
electrical, plumbing and drainage requirements are concerned. chanroblesvirtualawlibrary
No structure, including stone walls, fences, light or other fixtures,
steps and paving shall be erected, altered, restored, moved or
demolished within Intramuros without the Administration's Certificate
of Appropriateness as to external architectural features and its
congruity with the historic district, including style, general design
and arrangement, types of windows, doors, light and other fixtures and
signs, material and location of advertisements and bill posters.
The provisions of P.D. No. 1096, otherwise known as the National
Building Code and other related laws which are not inconsistent with
this Decree and the rules and regulations promulgated by the
Administration shall have a suppletory effect to this law and to the
development control regulations promulgated by the
Administration." chanroblesvirtualawlibrary
Section 7 of P.D. No. 1616 is hereby renumbered as Section 8 and the
rest of the Sections are correspondingly renumbered.
Section 4. Section 7 of P.D. No. 1616 is hereby
renumbered as Section 8 and amended as follows:cralaw:red
"Sec. 8. Building Modifications. — The Administration
shall, after a transitory period fixed by it and approved by the
President (Prime Minister), require in its rules and regulations the
owners of existing buildings and structures within Intramuros to modify
their architectural structure and design in order to conform to the
design and architectural standards adopted by the Administration:
Provided, That the subject to the availability of funds, the
Administration may utilize its funds to undertake the modification of
existing buildings, whether publicly or privately owned, with or
without the requirement of reimbursement by the owner, depending on
mutually acceptable terms and conditions so as to modify their external
appearance to comply with approved structure and designs; and Provided,
Further, That no changes in the facade or external appearance of any
existing buildings and structure in Intramuros, including ruins, shall
be made without the approval of the Administration.
Owners, lessees or other persons with any interest in the property who
voluntarily undertake at their own expense the modifications of
buildings and structures in Intramuros to conform to the architectural
design standards of the Administration shall qualify to apply for the
incentives, financial assistance and grants to be provided for in a
program of incentives of the Administration."
Section 5. Section 8 of P.D. No. 1616 is hereby
renumbered as Section 9 and amended to read as follows:cralaw:red
"Sec. 9. Maintenance of Roads and other Utilities and
Services. —chanroblesvirtualawlibrary
The budgetary allocation for the maintenance of national and local
roads and the provision and maintenance of other public utilities and
services such as water and electricity within Intramuros shall be
released to the Administration, which shall undertake such services
directly or by arrangement with the appropriate Ministry, the City of
Manila, or with private parties capable of undertaking the work,
subject to applicable government rules and regulations." chanroblesvirtualawlibrary
Section 6. Section 9 of P.D. No. 1616 is hereby
renumbered as Section 10 and amended to read as follows:cralaw:red
"Sec. 10. Traffic Management. —
The Administration shall control the nature, volume and schedule of
traffic, parking and the access of private and public vehicles into
intramuros. For this purpose, the Administration shall prepare the
appropriate traffic plan and the implementing rules and regulations
thereto. Furthermore, review and approval of public transportation
routes going through Intramuros shall be subject to the concurrence of
the Administration."
Section 7. Section 12 of P.D. No. 1616 is hereby
renumbered as Section 13 and amended to read as follows:cralaw:red
"Sec. 13. Investment Incentives. —
The Administration, in consultation with the Minister of Industry or
the Minister of Tourism as the case may be and subject to the approval
of the President (Prime Minister), may extend investment incentives and
other forms of industries and enterprises established in Intramuros in
accordance with the Intramuros Development Plan: Provided, That the
industries to be allowed to operate in Intramuros shall be limited to
those that are consistent and compatible with the historical character
of Intramuros and shall furthermore not be the source ofr, noise, water
or other types of pollution."
Section 8. Section 16 of P.D. No. 1616 is hereby
renumbered as Section 17 as amended to read as follows:cralaw:red
"Sec. 17. Grants, Contributions and Donations. —chanroblesvirtualawlibrary
a. The Administration is authorized to accept and
receive grants, contributions and donations from domestic and foreign
sources, government or private. These may be obligated and disbursed or
used in such manner as the Administration may, in the exercise of sound
discretion, deem best to promote and accelerate the restoration program
or enhance the maintenance of historical structures and facilities in
Intramuros, or contribute to their development and preservation, or
otherwise attain the objectives of the Administration.
b) All grants and donations to the Administration
shall be exempt from donors and all other taxes that are or may be
imposed by the government in case of donations and shall be fully
deductible for income tax purposes. All monetary contributions and the
equivalent monetary value of works of art, antiques, manuscripts, books
or other articles of cultural, historical or scientific significance
donated to the Administration shall be tax exempt and deductible from
the taxable income of the donor.
c) Donations mortis causa of art objects, antiques,
treasures and relics, historical houses or parts thereof or similar
properties made to the Administration shall be excluded in the
determination of the net estate of the donor. Furthermore, the full
value of the donation shall be credited for purposes of paying estate
taxes due from the estate of the decedent. Provided that the value of
donation shall be subject to the joint approval of the Administration
and the Bureau of Internal Revenue."
Section 9. Six new sections are inserted between
Section 16, heretofore renumbered as Section 17, and Section 17,
renumbered as Section 15, of P.D. No. 1616, as follows: chanroblesvirtualawlibrary
"Sec. 18. Eminent Domain. —
The Administration shall be exempt from the payment of documentary
stamp tax, registration fees and other taxes, dues and fees incidental
to the issuance of title to it of property acquired by it through sale
or expropriation. Should expropriation proceedings be resorted to, the
Administration shall likewise be exempt from all court fees. Said
expropriation proceedings may be maintained by and in the name of the
Administration and it may proceed in the manner provided by law."
"Sec. 19. Effectivity of Decisions of the
Administration. —
Any decision, order or ruling by the Administration in any application,
complaint or issue filed or brought before it shall become final and
executory after the lapse of fifteen (15) days from its receipt by the
affected party. It is appealable only to the President of the
Philippines whose decision shall be final."
"Sec. 20. Rule Making Functions. —
The Administration shall promulgate such rules and regulations as may
be necessary to implement this Decree and to enforce the policies,
orders and resolutions of the Administration. These rules and
regulations shall be signed and promulgated by the Board and shall take
effect fifteen (15) days after its promulgation once in at least two
newspapers of general circulation."
"Sec. 21. Visitorial Powers. —
The Administration, through its authorized officer or representative
shall have the power to conduct an ocular inspection of any ongoing
construction or existing building or structure to determine whether the
development or activity conforms to the use, standards and
specifications prescribed by the government. Any violation of such
specifications provided for in its rules and regulations shall be dealt
with in the section dealing with penalties." chanroblesvirtualawlibrary
"Sec. 22. Authority to Organize Inter-Agency
Committees. —
The Administration or its designated representative is hereby
authorized to organize and convene an inter-agency committee or
committees with representatives coming from the appropriate government
agencies and private entities to serve as consultative or
recommendatory bodies on such matters as the Administration may deem
necessary to be referred to it." chanroblesvirtualawlibrary
"Sec. 23. Deputization of Officials. —
The Administration may deputize any official or agency of the
government to perform any of its specific functions or activities."
"Sec. 24. Penalties. —chanroblesvirtualawlibrary
a) Any person or establishment who violates any
provision of this Decree, or any policy, order, decision, ruling or
regulation of the Administration shall be subject to a penalty to be
imposed by the appropriate court ranging from a fine of One Thousand
Pesos (P1,000.00) to Fifty Thousand Pesos (P50,000.00) or imprisonment
of not exceeding six years or both at the discretion of the court. This
shall be without prejudice to any administrative fines and penalties
that the Administration may prescribe in its rules and regulations,
including the revocation or cancellation of locational or construction
permit and the suspension of construction and/or the demolition of the
illegal construction. chanroblesvirtualawlibrary
b) The Administration is hereby authorized to impose
a fine not exceeding Thirty Thousand Pesos (P30,000.00) for violation
of this Decree or any of the policies, orders, rules and regulations
promulgated by it or any of the terms and conditions provided for in
the permit or license granted by it. It may furthermore, after due
notice has been given, consider any violation as a continuing one and
subject to a daily penalty for as long as the illegal act or condition
exists.
c) The Administration may, furthermore, in the
enforcement of its decisions and in the exercise of its regulatory
functions secure the assistance of or deputize the appropriate
enforcing officials, such as the building official of the City of
Manila and other local police officers. It may, when the need arises,
establish its own enforcement arm or demolition team to strengthen its
enforcement powers."
Sections 17, 18 and 19 of P.D. No. 1616 are hereby renumbered as
Sections 25, 26 and 27.
Section 10. Section 17 of P.D. No. 1616 which is
renumbered as Section 25 is hereby amended to read as follows:cralaw:red
"Sec. 25. Effects of Laws, Decrees and Ordinances. —chanroblesvirtualawlibrary
All existing laws, decrees, Acts, Letters of Instruction, Executive
Orders, city and metropolitan Ordinances and/or portions thereof which
are inconsistent or in conflict with this Act and the approved
Development Plan of Intramuros including its implementing rules and
regulations shall be considered modified accordingly. In the case of
future laws, they must expressly provide for the repeal or amendment of
the charter or of specified provisions of the charter of the
Administration or its rules and regulations."
Section 11. Section 19 of P.D. No. 1616, renumbered
as Section 27 shall read as follows:cralaw:red
"Sec. 27. Effectivity. —chanroblesvirtualawlibrary
This Decree shall take effect immediately.
Done in the City of Manila,
this 10th day of December, in the year of Our Lord, nineteen hundred
and eighty.
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