M a n i l a
PRESIDENTIAL DECREE No. 1748
AMENDING THE CHARTER OF THE INTRAMUROS ADMINISTRATION
WHEREAS, the restoration and development of Intramuros is a major historical project of the Government;
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 ;
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:
Section 1. Section 3 of P.D. No. 1616 is amended to read as follows:
"Sec. 3. Functions and Powers. The Administration shall have the following functions and powers:
(a) Formulate, coordinate and/or execute policies on the implementation of all programs, projects and activities of the government affecting or relating to Intramuros;
(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;
(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;
(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;
(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;
(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:
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;
2. Traffic management, street usage and other related matters;
3. Size and character of display signs, advertising billboards, and other external signs and advertisements in buildings, in open spaces lots or roads;
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;
(g) Expropriate properties within Intramuros;
(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;
(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;
(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;
(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:
"Sec. 4. Transfer of Administration and Properties
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:
"Sec. 7. Locational Clearance, Construction and other Permits.
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.
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."
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:
"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:
"Sec. 9. Maintenance of Roads and other Utilities and Services
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."
Section 6. Section 9 of P.D. No. 1616 is hereby renumbered as Section 10 and amended to read as follows:
Section 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:
Section 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 of air, 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:
"Sec. 17. Grants, Contributions and Donations
(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:
"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."
"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."
"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
(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.
(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:
"Sec. 25. Effects of Laws, Decrees and Ordinances
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:
"Sec. 27. Effectivity
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.
The Lawphil Project - Arellano Law Foundation