REPEALING AND AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 5906, OTHERWISE KNOWN AS "THE CHARTER OF THE CITY OF PUERTO PRINCESA."

• Number: Presidential Decree No. 437
• Sections: 4

Preamble

WHEREAS, under the second paragraph of Section 92, Republic

Act No. 5906, otherwise known as "The Charter of the City of Puerto

Princesa," the National Government has ceded to the City of Puerto

Princesa, the ownership and possession of all lands of the public domain

within the City, and that under paragraph (uu), Section 15 of the same

Act, the City Council has the power to dispose of by lease or otherwise

all lands of the public domain ceded to it by the National Government;

WHEREAS, included in the lands of the public domain ceded

to the City are public forests and grazing lands which, by their nature

and classification, are neither alienable nor disposable, and hence, the

grant of "ownership" thereof to the City is of doubtful

constitutionality;

WHEREAS, the City of Puerto Princesa does not have the

necessary administrative machinery to manage and dispose of the lands of

the public domain and as a result the administration, management and

disposition of public lands within the City have been in a chaotic

situation;

WHEREAS, the grant of authority to the City to dispose of by

lease or otherwise the public lands within the City has resulted in the

proliferation of agencies administering public lands, which is not

conducive to sound government administration, and has given rise,

besides, to wasteful overlapping of functions; and

WHEREAS, to accelerate and insure the effective distribution

of public lands for the benefit of legitimate occupants, claimants

and/or applicants within the City, it is necessary to return to the

Bureau of Lands all lands of the public domain within the City for

administration and disposition in accordance with the provisions of

Commonwealth Act No. 141, as amended, otherwise known as "The Public

Land Act," and other related land laws;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Republic of the Philippines, by virtue of the powers in me vested by the

Constitution, and pursuant to Proclamation No. 1081, dated September

21, 1972, and General Order No. 1, dated September 22, 1972, do hereby

order and decree as follows:

Section 1

SECTION 1. Paragraph (uu) of Section 15, Republic Act No.

5906, is hereby repealed.

Section 2

SEC. 2. Section 92 of the same Act is hereby amended by

deleting the second paragraph thereof and inserting, in lieu thereof, a

new paragraph to read as follows:

"The disposition of all lands of the public domain within the

city shall be in accordance with the provisions of Commonwealth Act No.

141, as amended, otherwise known as "The Public Land Act": Provided,

That all incomes, receipts and profits derived from such disposition

shall accrue exclusively to the city notwithstanding any provision of

law to the contrary."

Section 3

SEC. 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of April, in the

year of Our Lord, nineteen hundred and seventy-four.

(Sgd.) FERDINAND E.

MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO

MELCHOR

Executive Secretary