P.D. No. 1616 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1616
CREATING THE "INTRAMUROS ADMINISTRATION" FOR PURPOSES OF RESTORING AND ADMINISTERING THE DEVELOPMENT OF INTRAMUROS
WHEREAS, major cultural landmarks should be preserved, developed and administered for the perpetuation of Filipino heritage and the enhancement of our national identity;
WHEREAS, for four hundred years, Intramuros has been a priceless heritage of the past for the City of Manila and a major historical landmark of the Philippines;
WHEREAS, to preserve and enhance the historical value of Intramuros, the national historical consciousness program demands its restoration, development and maintenance, and for this purpose, it is imperative that a special organization be created, charged with such a vital role and responsibility;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby Decree:
Section 1. Creation of the Intramuros Administration. There is hereby created an agency to be known as the Intramuros Administration, under the direct control and supervision of the Ministry of Human Settlements. The Administration shall be responsible for the orderly restoration and development of Intramuros as a monument to the Hispanic period of Philippine history. As such, it shall ensure that the general appearance of Intramuros shall conform to Philippine-Spanish architecture of the Sixteenth to the Nineteenth Century.
Sec. 2. Organization of the Administration. The Administration shall be directed by a Board of Administrators, consisting of the Minister of Human Settlements, as Chairman, and as Members, the Mayor of the City of Manila, the Executive Director of the National Historical Institute, the Administrator, and such persons as the President may designate. Its Executive Officer shall be an Administrator, who shall have the same qualifications, privileges and rank of a Deputy Minister. The Administration shall be organized and staffed in accordance with applicable budget and compensation laws: Provided, That it shall be authorized to engage the services of architectural, historical, tourism, and other consultants necessary for its work: Provided, Further, that the President may designate Heads of Ministries of the national government to serve on the Board in an ex-officio capacity. Provided, Finally, That the members of the Board shall receive per diems for each Board Meeting actually attended by them, at rates and subject to such maximum monthly amount as may be approved under P.D. No. 985.
The Board of Administrators shall be responsible for the policies and activities of the Administration. The administrator shall report to the Board and shall be delegated such authority as the Board may decide.
There shall be an Architectural Committee and such other Committees as may be created by the Board of Administrators, to advise the Administration on the architectural or other policy.
Sec. 3. Functions and Powers. The Administration shall have the following functions and powers:
(a) To acquire, lease or hold real property and personal property as it deems necessary or convenient in the successful prosecution of its work, and to lease, mortgage, sell, alienate, or otherwise dispose of such personal and real property;
(b) To 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 properties situated within Intramuros;
(c) To adopt, issue, promulgate and implement regulations pertaining to zoning, building height, dimensions, architectural style and designs, and other specifications of the building construction to be undertaken therein;
(d) To regulate traffic, street usage, and other related matters within the area;
(e) To determine and regulate the architecture of buildings erected within Intramuros, the utilization of the said buildings, the size and nature of display signs, advertising billboards, neon lights, and other external signs and advertisements in buildings;
(f) To require private holders to modify the design of existing buildings so as to comply with approved specifications;
(g) To expropriate property within the bounds of Intramuros;
(h) To sponsor and conduct festivals and to charge and collect admission fees to the restored Gates and other attraction operated by the Administration; and
(i) To undertake other activities necessary to enhance and achieve its objectives.
Sec. 4. Transfer of Administration, Properties, and Appropriations. The buildings and lands owned by the National Government administered by the Bureaus of Building and Real Property Management and by other offices and agencies of the National Government and the City of Manila, including government-owned or controlled corporations which are located in Intramuros, are hereby transferred to the Administration: Provided, That for properties of government corporations and of the City of Manila, arrangements for compensation shall be mutually agreed upon between the Administration and the agencies concerned and recommended to the President for final approval.
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: Provided, That the City of Manila may continue operating the Municipal Golf Links.
Sec. 5. Operation of facilities. The Administration may operate museums, art galleries, theaters, and other cultural/educational facilities that are incidental and suitable to the attainment of its objectives: Provided, That the Administration may operate such facilities, either directly or through existing institutions such as the National Museum, the Cultural Center of the Philippines, the National Library, and other agencies of the Government.
Sec. 6. Commercial activities. The Administration may directly, or in association with public or private enterprises, construct, lease, sell and otherwise operate shopping and commercial facilities in Intramuros. It may likewise operate guided tours and offer related tourism services.
Sec. 7. Building modifications. The Administration may require the owners of existing structures to modify the design of existing buildings: Provided, That subject to the approval of the Minister of Human Settlements and to availability of funds, the Administration may utilize its funds to undertake the modification of existing buildings, whether publicly or privately owned, so as to modify their external appearance to comply with approved designs; and Provided, Further, That no changes in the external appearance of existing building and structures in Intramuros, including ruins, shall be made without the approval of the Administration.
Sec. 8. Road maintenance. The budgetary allocation for the maintenance of national and local roads within Intramuros area shall be released to the Administration, which shall undertake such roads maintenance directly or by management with the Ministry of Public Highways, the City of Manila, or with private parties capable of doing the work, subject to applicable government rules and regulations.
Sec. 9. Traffic management. The administration shall control the nature, extent, and timing of the access of private and public vehicles into Intramuros. For this purpose, the approval of public transportation routes going through Intramuros shall be subject to the concurrence of the Administration.
Section 10. Construction work. Construction and other civil works may be undertaken directly by the Administration or with the assistance of the Ministry of Public Works, Transportation and Communications, the City of Manila, or by private contractors, subject to applicable government rules and regulations.
Section 11. Real property tax discount. The Administration, in consultation with the Minister of Finance, may extend discounts on real property assessments situated within Intramuros, so as to encourage the private sector to engage in the construction of duly approved facilities: Provided, That such incentives shall apply only to new construction and to improvements of existing building that conform to the Administration's architectural specifications.
Section 12. Investment incentives. The Administration, in consultation with the Minister of Industry or the Minister of Tourism, as the case may be, may extend investment incentives for industries and enterprises established in Intramuros, not exceeding those granted for pioneer enterprises: Provided, That the industries operating in Intramuros shall be limited to those that are consistent with its historical atmosphere and shall not be the source of air, noise, water or other types of pollution.
Section 13. Appropriations. The appropriations pertaining to Intramuros which are in the budget of the National Historical Institute and the National Parks Development Committee are hereby transferred to the Administration. The Minister of Human Settlements may fund additional operating and capital expenditures out of the appropriations provided for the Ministry of Human Settlements in Batas Pambansa Blg. 1.
Section 14. Revolving Fund. The Administration is authorized to established a Revolving Fund into which shall accrue revenues from operating and commercial transactions undertaken by the Administration. Such revenues shall be automatically appropriated to cover expenses incurred in such commercial operations, subject to pertinent budget compensation accounting, and audit law and regulations.
Section 15. Domestic and foreign loans. The Administration is authorized to borrow funds from domestic or foreign sources, subject to applicable laws and regulations and the approval of the Minister of Finance.
Section 16. Grants/contributions. The administration is authorized to accept and receive grants/contributions from private parties to the obligated and disbursed in such manner as the Authority may, in the exercise of sound discretion, deem best to accelerate the restoration or enhance the maintenance of historical facilities in Intramuros and contribute to their development and preservation. The Administration is likewise authorized to give grants and contributions to private parties for the restoration or maintenance of historical facilities in Intramuros. All grants and donations to the Intramuros Administration shall be exempt from donors and other taxes and shall be fully deductible, over and above what is ordinarily allowable under the national internal revenue code, for purposes of computing liabilities of the donor on income tax, estate tax, or gift or donor's tax on other donations: Provided, That the value or donations in kind shall be determined in consultation with the Commissioner of Internal Revenue.
Section 17. Repealing Clause. P.D. No. 1537 and 1277 and other laws, Decrees, Acts, Letters of Instructions, Executive Orders, which are inconsistent with this Act, are hereby repealed or modified accordingly.
Section 18. Separability Clause. If, for any reason, any section or provision of this Decree is declared to be unconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall continue in full force and effect.
Section 19. Effectivity. This Decree shall take effect upon its approval.
Done in the City of Manila, this 10th day of April, in the year of Our Lord, nineteen hundred and seventy-nine.