A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 570
PRESIDENTIAL DECREE NO. 570 -
CREATING THE TONDO FORESHORE DEVELOPMENT AUTHORITY, DEFINING ITS
OBJECTIVES POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
|
chanroblesvirtualawlibrary
WHEREAS, it
is the declared policy of the State to establish human settlements to
provide for a healthy living community and ensure the socio-economic
development of the people; chanroblesvirtualawlibrary
WHEREAS, cognizant of the above policy, it has become imperative to
resolve the slum and the squatter problems of the Tondo Foreshore area
which exemplifies a social injustice incompatible with the goals of the
New Society;chanroblesvirtualawlibrary
WHEREAS, a lasting solution to the Tondo Foreshore situation demands a
comprehensive, integrated and harmonious development of the Tondo
Foreshore area and its proposed resettlement site;chanroblesvirtualawlibrary
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 the creation of the Tondo Foreshore Development
Authority as follows: chanroblesvirtualawlibrary
Section 1. The Tondo Foreshore Development Authority
hereinafter referred to as the Authority, shall be governed by this
Decree and its by-laws, as authorized hereunder, and shall have
succession for fifty years from and after the date of the approval of
this Decree. The Authority shall have general jurisdiction and control
over all persons, corporations, firms or utilities existing, proposed
or otherwise to be established within the Tondo Foreshore Area and its
resettlement site and shall supervise, regulate and exercise its powers
in accordance with the provisions of this Decree. The principal office
of the Authority shall be in the City of Manila.
Section 2. Objectives and Purposes. — The Authority
shall have the following purposes and objectives:cralaw:red
a) To undertake all manner of activity, business or
development projects for the establishment of harmonious,
comprehensive, integrated and healthy living community in the Tondo
Foreshoreland and its resettlement site;chanroblesvirtualawlibrary
b) To undertake and promote the physical and
socio-economic amelioration of the Tondo Foreshore residents in
particular and the nation in general;chanroblesvirtualawlibrary
c) To encourage other similar public and private
organizations to adopt an integrated, comprehensive and healthy living
community in dealing with slum, squatter and resettlement problems.
Section 3. Powers and Functions. — For the effective
and proper accomplishment of its purposes and objectives, the Authority
shall have the following powers and functions:cralaw:red
a) To develop and implement comprehensive and
integrated urban renewal programs for the Tondo Foreshore and
Dagat-dagatan lagoon and/or any other additional/alternative
resettlement site and to formulate and enforce general and specific
policies for its development which shall ensure reasonable degree of
compliance with environmental standards;chanroblesvirtualawlibrary
b) To prescribe guidelines and standards for the
reservation, conservation and utilization of public lands covering the
Tondo Foreshore land and its resettlement sites;chanroblesvirtualawlibrary
c) To construct, acquire, own, lease, operate and
maintain infrastructure facilities, housing complex, sites and
services;chanroblesvirtualawlibrary
d) To determine, regulate and supervise the
establishment and operation of housing, sites, services and commercial
and industrial complexes and any other enterprises to be constructed or
established within the Tondo Foreshore and its resettlement sites;chanroblesvirtualawlibrary
e) To undertake and develop, by itself or through
joint ventures with other public or private entities, all or any of the
different phases of development of the Tondo Foreshore land and its
resettlement sites;chanroblesvirtualawlibrary
f) To acquire and own property, property-rights and
interests, and encumber or otherwise dispose of the same as it may deem
appropriate;chanroblesvirtualawlibrary
g) To invest its funds or other assets in such
undertakings as it may deem wise or necessary to carry out its purposes
and objectives;chanroblesvirtualawlibrary
h) To receive donations, grants, bequests and
assistance of all kinds from international and local private
foundations, associations or entities and utilize the same for the
attainment of its objectives;chanroblesvirtualawlibrary
i) To establish subsidiary corporations and branch
offices;chanroblesvirtualawlibrary
j) To implement and coordinate the undertakings of
selected projects and activities in the field of social and economic
development with the Tondo Foreshore land and its resettlement
sites; chanroblesvirtualawlibrary
k) To sell, lease, or rent for a consideration and
under such terms, arrangements and conditions it may deem reasonable
and proper its properties and facilities within the Tondo Foreshore
land and its resettlement sites;chanroblesvirtualawlibrary
l) To fix, assess and collect charges and fees,
including rental for the lease, use or occupancy of lands, buildings,
structure, facilities and other properties owned and administered by
the Authority and to fix and collect fees and charges for issuance of
permits, licenses and the rendering of services not enumerated herein;chanroblesvirtualawlibrary
m) To sue and be sued, to prepare its by-laws, and to
adopt a seal which shall be judicially noticed;chanroblesvirtualawlibrary
n) To raise and/or borrow the necessary funds from
the local and international financing sources or institutions and to
secure the same by any guarantee, pledge, mortgage, deed of trust or
assignment of the property of corporation for the purpose of financing
the programs and projects deemed vital for the early attainment of its
goals and objectives;chanroblesvirtualawlibrary
o) To enter into, make and execute contracts of any
kind as may be necessary or incidental to the accomplishment of its
purposes and, generally, to exercise all the powers necessary to
achieve its purposes and objectives;chanroblesvirtualawlibrary
Section 4. Board of Directors. — The governing powers
of the Authority shall be vested in and exercised by a Board of
Directors composed of six (6) ex-officio members namely: The Executive
Secretary, the Director General of the National Economic and
Development Authority, the Secretary of Public Works and
Communications, the Secretary of Industry, the General Manager,
Government Service Insurance System, the Chairman, Board of Governors
of the Development Bank of the Philippines, the Administrator of the
Social Security System. The President shall appoint a Chairman from
among the seven directors. chanroblesvirtualawlibrary
The officials next in the rank to the regular members shall serve as
permanent alternate members except that, in the absence of the
Chairman, the Board shall elect a temporary presiding officer. The
alternate members shall attend meetings of the Board and Committees
assigned to their principals and receive the corresponding per diems
whenever their principal is absent or the said position is vacant.
Each member of the Board shall receive a monthly commutable allowance
of five hundred pesos and per diem of one hundred pesos for every
meeting of the Board or Committee thereof actually attended; Provided,
That the total allowable amount of per diems each month shall not
exceed five hundred pesos.
Section 5. Functions and Duties of the Board of
Directors. —chanroblesvirtualawlibrary
1. Formulate and adopt policies in accordance with
the general plan of the urban development program for the Tondo
Foreshore area and its resettlement site, provided, such plans are
congruent with general framework plans for the country;chanroblesvirtualawlibrary
2. The Board shall ordain and promulgate the rules
and regulations governing the Authority, providing for, among other
things, the organizations, regular, special or general meetings of the
Board, its officers, their powers and duties, as well as other offices
and their duties, in a Code of By-laws which shall be passed by the
affirmative vote of majority;chanroblesvirtualawlibrary
3. The Board shall establish such Committees under
the Authority as may be necessary for the accomplishment of its
corporate purposes;chanroblesvirtualawlibrary
4. The Board shall submit to the President of the
Philippines and shall publish an annual report of the condition of the
Authority before the end of June each year;chanroblesvirtualawlibrary
Section 6. Powers to Issue Bonds. — Whenever the
Board of Directors may deem it necessary for the Authority to incur an
indebtedness or to issue bonds to carry out the provisions of this
Decree, it shall by resolution, so declare and state the purpose for
which the proposed debt is to be incurred. The resolution shall be
confirmed by the affirmative vote of at least five (5) members of the
Board and approved by the President of the Philippines.
Section 7. Sinking Fund. — A sinking fund shall be
established in such manner that the total annual contribution thereto
accrued at such rate of interest as may be determined by the Board of
Directors, shall be sufficient to redeem at maturity the bonds issued
under this Decree. chanroblesvirtualawlibrary
Such fund shall be under the custody of the treasurer of the Authority
who shall invest the same in such manner as the Board of Directors may
direct; charge all expenses of investment to said sinking fund, and
credit the same with the interest or investment and other income
belonging to it.
Section 8. Guarantee by the Government. — The
Republic of the Philippines hereby guarantees the payment by the
Authority of both the principal and the interest of the both of the
principal interest of the bonds, debentures, collaterals, notes or such
other obligations issued by the Authority by virtue of this Decree, and
shall pay such principal and interest in the event that the Authority
fails to do so. In case the Authority shall be unable to pay the said
the said principal and interest, the Secretary of Finance shall pay the
amount thereof which is hereby appropriated out of any funds in the
National Treasury not otherwise appropriated and thereupon, to the
extent of the amounts so paid, the Government of the Republic of the
Philippines shall succeed to all the rights of the holders of such
bonds, debentures, collaterals, notes or other obligations unless the
sum so paid by the Republic of the Philippines shall be refunded by the
Authority within a reasonable time.
Section 9. Appropriation. — To carry out the
provisions of this Decree there is hereby appropriated the lump sum
amount of Thirty Million Pesos (P30,000,000.00) for Fiscal Year 1975,
out of the funds in the National Treasury not otherwise appropriated.
Thereafter the succeeding appropriations of the Authority shall be
included in the Annual Appropriations Act.
Section 10. Eminent Domain. — For proper planning and
implementation of rational land policy for proper construction of
housing complexes, commercial or industrial complexes, sites and
services and infrastructure, the Authority shall have the right and
power to acquire properties by purchase, by negotiations or by
condemnation proceedings. In exercising the right or eminent domain,
condemnation proceedings shall be maintained by and in the name of the
Authority and it may proceed in the manner provided by law.
Section 11. The Auditor. — The Chairman of the
Commission on Audit shall appoint a representative who shall be the
auditor of the Authority. He shall likewise appoint the necessary
personnel to assist said representative in the performance of his
duties. The salaries of the auditor and his staff shall be fixed by the
Commission on Audit with the advice of the Board and said salaries
shall be paid by the Authority.
Section 12. Exemption from Civil Service Law. — The
officers and employees of the Authority shall not be subject to the
Civil Service Law, rules and regulations and shall likewise be exempt
from the rules and regulations of the Wage and Position Classification
Office.
Section 13. Supervision. — The Authority shall be
under the direct supervision of the Office of the President for
purposes of policy direction and coordination.
Section 14. Tax Exemption. — The Authority shall be
exempt from all forms of taxation and from all duties direct or
indirect, imposed by the Government or any of its political
subdivisions or instrumentalities.
Any provisions of existing laws to the contrary notwithstanding, any
donation, contribution, bequest or financiald which may made to the
Authority shall be exempt from taxes of any kind and shall constitute
allowable deductions in full from the income of the donors or givers
for income tax purposes.
Section 15. Transitory Provision. — The properties,
rights, obligations and liabilities of the Tondo Foreshore Urban
Renewal Project shall be transferred to the Authority.
Section 16. Repealing Clause. — All laws, executive
orders, administrative issuance, rules and regulations inconsistent
with the foregoing provisions are hereby repealed or accordingly
modified. chanroblesvirtualawlibrary
Section 17. Separability Clause. — The provisions of
this Decree are hereby declared separable, and if any provision of this
Decree is held invalid or unconstitutional the remainder thereof shall
not be affected.
Section 18. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 30th day of October, in the year of Our Lord, nineteen hundred and
seventy-four.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|