AMENDING THE CHARTER OF THE INTRAMUROS ADMINISTRATION

• Number: Presidential Decree No. 1748
• Sections: 21

Preamble

WHEREAS, the restoration and development of In-tramuros is a

major historical project of the Government;

WHEREAS, there is a need to strengthen the In-tramuros

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 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:

Formulate, coordinate and/or execute policies on the implementation of all

the programs, projects and activities of the government affecting or relating to

Intramuros;

Enter into contracts with any private person 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;

Acquire through sale, expropriation or other means, and hold real and

personal property as it 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;

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;

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;

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;

Traffic management, street usage and other related matters;

Size and character of display signs, advertising billboards, and other

external signs and advertisements in buildings, in open spaces lots or roads;

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;

Expropriate properties within Intramuros;

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;

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;

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;

Exercise all powers necessary or incidental to the attainment of the

objectives of this Decree."

Section 2

SEC. 2. Section 4 of P.O. 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

SEC. 3. A new Section 7 is hereby inserted between Sections

6 and 7 of P.D. No. 1616 as follows:

"SEC. 7. Local 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 reconstruction 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 4

SEC. 4. Section 7 of P.D. No. 1616 is hereby renumbered as

Section 5

SEC. 5. Section 8 of P.D. No. 1616 is hereby renumbered as

Section 6

SEC. 6. Section 9 of P.D. No. 1616 is hereby renumbered as

Section 7

Section 7 of P.D. No. 1616 is hereby renumbered as Section 8 and the rest of

the Sections are correspondingly renumbered.

Section 8 and amended as follows: "SEC. 8. Building Modifications.

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 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 modification 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 9

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 10

Section 10 and amended to read as follows:

Section 11

SEC. 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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential

Assistant

Section 13

Section 13 and amended to read as follows:

Section 17

Section 17 and amended to read as follows:

"SEC. 17. Grants, Contributions and

Donations—

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.

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.

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 25

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 7

SEC. 7. Section 12 of P.D. No. 1616 is hereby renumbered as

Section 8

SEC. 8. Section 16 of P.D. No. 1616 is hereby renumbered as

Section 9

SEC. 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 interagency 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—

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.

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.

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

SEC. 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 10

SEC. 10. Section 17 of P.D. No. 1616 which is renumbered as

Section 13

SEC. 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 incentives for

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."