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PRESIDENTIAL DECREE NO. 35
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PRESIDENTIAL DECREE NO. 35 -
AMENDING REPUBLIC ACT NUMBERED FIFTY-FOUR HUNDRED AND NINETY-NINE,
ENTITLED "AN ACT AUTHORIZING THE CONSTRUCTION OF THE UPPER PAMPANGA
RIVER PROJECT, PROVIDING FOR THE FINANCING THEREOF, AND FOR OTHER
PURPOSES"
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WHEREAS, there were pending before Congress
prior to the promulgation of Proclamation No. 1081 dated September 21,
1972, certain priority measures vital to the national development
program of the Government, and which were duly certified by the
President as urgent measures:cralaw:red
WHEREAS, one of these priority measures is a proposed amendment to
Republic Act No. 5499, entitled "An Act Authorizing the Construction of
the Upper Pampanga River Project, Providing for the Financing Thereof
and for Other Purposes".
WHEREAS, there is a need to grant authority to the National Irrigation
Administration to undertake studies for bankable proposals to extend
the benefits of the Upper Pampanga River Project to the Provinces of
Pangasinan, Tarlac, Pampanga and Bulacan by harnessing tributaries of
the Pampanga River, ground water resources and other river basins; and
WHEREAS, to achieve this end, and in order to alleviate the plight of
the inhabitants who will be adversely affected by reservoir inundation
of the Project, including the construction of this multi-purpose
development project, additional funds need to be appropriated for
lending to the displaced inhabitants, and the National Irrigation
Administration (NIA) should be authorized to administer such loans;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me by the Constitution as the Commander
in Chief of all the Armed Forces of the Philippines and pursuant to the
Proclamation Order No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, as amended, do hereby adopt and make as
part of the law of the land the following amendments to Republic Act
No. 5499:cralaw:red
Section 1. Section 1 of the Republic Act numbered
Fifty-four hundred and ninety-nine is hereby amended to read as
follows:cralaw:red
"Sec. 1. The construction of the Upper Pampanga River
Project (hereinafter referred to as the "Project") is hereby authorized
for the purpose of furnishing water for irrigation, generating electric
power and energy, regulating floods, providing water supply, and for
other related uses. The Project shall include the preparation of
feasibility studies which shall be undertaken with the end in view of
the extending its benefits to the provinces of Pangasinan, Tarlac,
Pampanga and Bulacan, by harnessing tributaries of the Pampanga River,
ground water sources and other river basins."
Section 2. Section four of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 4. There is hereby appropriated for the
National Irrigation Administration, out of any funds in the National
Treasury not otherwise appropriated, the sum of Four hundred million
pesos to finance the local currency costs of the Project. This amount
shall be released to the National Irrigation Administration in the
following manner:cralaw:red
"Nine Million pesos in the fiscal year nineteen hundred sixty-nine to
nineteen hundred seventy;chanroblesvirtualawlibrary
"Thirty-one Million pesos in the fiscal year nineteen hundred seventy
to nineteen hundred seventy-one;chanroblesvirtualawlibrary
"Eighty Million pesos in the fiscal nineteen hundred seventy-one to
nineteen hundred seventy-two; chanroblesvirtualawlibrary
"One hundred twenty Million pesos in the fiscal year nineteen hundred
seventy-two to nineteen hundred seventy-three;chanroblesvirtualawlibrary
"One hundred Million pesos in the fiscal year nineteen hundred
seventy-three to nineteen hundred seventy-four; and
"Sixty Million pesos in the fiscal year nineteen hundred seventy-five:cralaw:red
"Provided, That notwithstanding the above schedule, releases in a given
fiscal year shall be adjusted in accordance with the actual
requirements of the project for said fiscal year: Provided, further,
that releases form the general fund in a given fiscal year may be
reduced to the extent that funds shall have been made actually
available in such year for the Project from the proceeds of bonds
issued by the Republic of the Philippines under the provisions of
Republic Act Numbered Forty-eight hundred and sixty-one, which proceeds
from bond issues are hereby appropriated for the project, any provision
of law to the contrary notwithstanding."
Section 3. The same Act is further amended by
inserting between Sections seven and eight thereof a new section which
shall read as follows:cralaw:red
"Sec. 7-A. So much as may be necessary but not to
exceed twenty-million pesos of the four million pesos herein
appropriated shall be used for loans to the inhabitants who will be
moved out of the reservoir for housing, subsistence, farm development,
farm implements, work animals and for such other purposes as may be
necessary to effect just and equitable treatment of the inhabitants so
resettled: Provided, That such loans shall be administered by the NIA
and be repaid within a period of fifteen years without interest. The
Administrator of the National Irrigation Administration shall prescribe
and promulgate rules and regulations to implement and give effect to
this provision of the Act within ninety days from the approval
hereof." chanroblesvirtualawlibrary
Section 4. This Act shall take effect immediately.
Done in the City of Manila,
this 31st day of October, in the year of Our Lord, nineteen hundred and
seventy-two.
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