REPUBLIC ACT NO. 5796 - AN
ACT AMENDING SECTIONS ONE, TWO, THREE, FOUR, FIVE AND SEVEN OF REPUBLIC
ACT NUMBERED FORTY-ONE HUNDRED THIRTY-EIGHT, ENTITLED "AN ACT GRANTING
SAN LUIS WAREHOUSING CORPORATION A FRANCHISE TO CONSTRUCT, OPERATE AND
MAINTAIN FLOATING BONDED WAREHOUSES AND COLD STORAGE FACILITIES IN THE
MANILA BAY AND OTHER NAVIGABLE WATERS IN THE VICINITY"
Section 1. Section s one, two, three, four, five and seven of
Republic Act Numbered Forty-one hundred thirty-eight are hereby amended
to read as follows:
"Section 1. Subject to the terms and conditions
established in this Act and in Act Numbered Twenty-one hundred
thirty-seven and to the provisions of the Constitution, there is
granted to San Luis Warehousing Corporation, for a period of
twenty-five years from the approval of this Act, renewable to another
twenty-five years, the right, privilege and authority to construct,
operate and maintain modern container terminals, bonded warehouses,
storage depots, cold and refrigerated storage, cargo and transit sheds,
conveyor piers, docks, landing and berthing facilities, access roads,
bridges, seawalls, bulkheads and fillings in the North Harbor, Manila
Bay.
Beginning at Point 1 located on the north-east corner of the marginal
wharf of the international port, North Harbor, Manila; thence to point
2 with a bearing of approximately N 36º 30' W and a distance of
about 1,000 meters; thence to point 3 with a bearing of approximately N
53º 30 and a distance of 250.00 meters measured perpendicular to
the existing North Harbor breakwater; thence to point 4 with a bearing
of approximately S 36º 30' E and a distance of 1,100.00 meters;
thence to point of beginning with a bearing of approximately S 75º
30' W and a distances of 269.00 meters along the rock bulkhead,
containing an area of approximately 26.25 has., for the purposes
aforesaid, and to charge and collect a schedule of rates and fees for
the use of the said container terminals and facilities, storage depots,
docks, landing facilities, developed land areas, and shipping and
allied commercial facilities, which schedule shall be subject to the
prior approval of the Secretary of Finance who is authorized to fix, or
revise, such schedule of fees and rates on the basis of prevailing
charges for similar facilities and services, and considering the
grantee's total investments and commitments plus a fair and reasonable
profit: Provided, however, That the jurisdiction of the Bureau of
Customs over the area hereinabove defined, and the installations and
facilities constructed thereon, shall be maintained as provided by law.
"Sec. 2. All the containerization handling system,
apparatus, and equipment, berthing, shipping, and storage facilities to
be installed and used by the grantee shall be modern and comparable to
similar facilities of ports abroad.
"Sec. 3. The grantee shall hold the national and
municipal governments harmless from all claims, accounts, demands, or
actions arising out of accidents or injuries and damages, whether to
property or to persons caused by the construction or operation of the
said container terminals, warehouses, cold storage, conveyor pier and
landing facilities of the grantee.
"Sec. 4. The Secretary of Public Works and
Communications shall have the power and authority to permit the
construction of the said container terminals, warehouses, cold storage
sheds, conveyor piers, and other attendant facilities on the area
defined hereinabove on the basis of plans and specifications submitted
to, and approved by, his office, and under such terms and conditions
relative to such constructions and installations as said department
secretary may prescribe: Provided, however, That the area hereinabove
defined may be expanded or new areas, not necessarily contingent, added
conformably with the approved plans and technical studies designed to
promote the progress of port and harbor development in the Manila Bay
area.
"Sec. 5. The grantee shall not lease, transfer, grant
the usufruct of, sell or assign this franchise or the rights and
privileges granted thereunder to any person, firm, company, corporation
or other commercial or legal entity, nor merge with any other person,
company, or corporation organized for the same purpose, without the
approval of Congress of the Philippines first had. Any corporation to
which this franchise is sold, transferred or assigned, shall be subject
to the corporation laws of the Philippines now existing or hereafter
enacted, and any person, firm, company, corporation or other commercial
or legal entity to which the franchise is sold, transferred or assigned
shall be subject to all conditions, terms, restrictions and limitations
of this franchise as fully and completely and to the extent as if the
franchise had been originally granted to the said person, firm,
company, corporation or other commercial or legal entity: Provided,
however, That subject to such terms and conditions as the Secretary of
Finance may prescribe, the grantee may lease or sublease to any entity
not disqualified by law the improvements it may have made or introduced
in the area, or mortgage the same to any financial institution in the
Philippines to raise capital for further or additional
improvements.
"Sec. 7. The grantee shall be liable to pay the same
taxes on its real estate, buildings, improvements, and personal
property, exclusive of the franchise, as other persons or corporations
are now or hereafter may be required by law to pay; however, capital
goods, machineries, equipment, and materials brought into the country
by the grantee exclusively for the construction or operation of the
container terminals, piers and all attendant facilities shall be free
from customs taxes and duties."
Sec. 2. Upon expiration of the period hereinabove
prescribed, should the Government sell or lease the improvements made
by the grantee, or have its operations and management conducted by
other parties, the grantee shall have the preferred and pre-emptive
right to equal the best bid of offer.
Sec. 3. All acts, charters, executive orders,
rules and regulations, or part thereof, in conflict with this Act are
hereby repealed or modified accordingly.
Sec. 4. This Act shall take effect upon its
approval.
Enacted without Executive
approval, June 21, 1969.
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