Presidential Decree No. 570 (PD 570) — Creating the Tondo Foreshore Development Authority, Defining Its Objectives, Powers and Functions, Appropriating Funds Therefor and for Other Purposes.
WHEREAS, it is the declared policy of the State to establish
human settlements to provide for a healthy living community and ensure
the socio-economic development of the people;
WHEREAS, cognizant of the above policy, it has become
imperative to resolve the slum and squatter problems of the Tondo
Foreshore area which exemplifies a social injustice incompatible with
the goals of the New Society;
WHEREAS, a lasting solution to the Tondo Foreshore situation
demands a comprehensive, integrated and harmonious development of the
Tondo Foreshore area and its proposed resettlement site;
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 the creation of the Tondo Foreshore
Development Authority as follows:
SECTION 1. The Tondo Foreshore Development Authority
hereinafter referred to as the Authority, shall be governed by this
Decree and its by-laws, as authorized hereunder, and shall have
succession for fifty years from and after the date of the approval of
this Decree. The Authority shall have general jurisdiction and control
over all persons, corporations, firms or utilities existing, proposed or
otherwise to be established within the Tondo Foreshore area and its
resettlement site and shall supervise, regulate and exercise its powers
in accordance with the provisions of this Decree. The principal office
of the Authority shall be in the City of Manila.
Objectives and Purposes.
SEC. 2. Objectives and Purposes. — The Authority
shall have the following purposes and objectives:
To undertake all manner of activity, business or
development projects for the establishment of a
harmonious, comprehensive, integrated and healthy living
community in the Tondo Foreshore and its settlement
site;
To undertake and promote the physical and socio-economic
amelioration of the Tondo Foreshore residents in particular and the
nation in general;
To encourage other similar public and private organizations
to adopt an integrated, comprehensive and healthy living community
in dealing with slum, squatter and resettlement problems.
Powers and Functions.
SEC. 3. Powers and Functions. — For the effective and
proper accomplishment of its purposes and objectives, the Authority
shall have the following powers and functions:
To develop and implement comprehensive and integrated urban
renewal programs for the Tondo Foreshore-land and Dagat-dagatan lagoon
and/or other additional/ alternative resettlement site and to
formulate and enforce general and specific policies for
its development which shall ensure reasonable degree of compliance
with environmental standards.
To prescribe guidelines and standards for the reservation,
conservation and utilization of public lands covering the Tondo
Foreshore land and its resettlement sites:
To construct, own, lease, operate and maintain infrastructure
facilities, housing complex, sites and services:
To determine, regulate and supervise the establishment and
operation of housing, sites, services and commercial and industrial
complexes and any other enterprises to be constructed or
established within the Tondo Foreshore land and its resettlement sites;
To undertake and develop, by itself or through joint venture
with other public or private entities, all or any of the different
phases of development of the Tondo Foreshore land and its resettlement
sites;
To acquire and own property, property-rights and interests, and
encumber or otherwise dispose of the same as it may deem appropriate;
To invest its funds or other assets in such undertakings as it
may deem wise or necessary to carry out its purposes and objectives;
To receive donation, grants, bequests and assistance of all kinds
from international and local private foundations, associations and
entities and utilize the same for the attainment of its objectives;
To establish subsidiary corporations and branch offices.
To implement and coordinate the undertakings of selected
projects and activities in the field of social and economic development
within the Tondo Foreshore land and its resettlement sites;
To sell, lease, or rent for a consideration and under such terms,
arrangements and conditions it may deem reasonable and proper its
properties and facilities within the Tondo Foreshore land and its
resettlement sites;
To fix, assess and collect charges and fees, including rental for
the lease, use or occupancy of lands, buildings, structure, facilities
and other properties owned and administered by the Authority and to fix
and collect fees and charges for issuance of permits, licenses and the
rendering of services not enumerated herein;
To sue and be sued, to prepare its by-laws, and to adopt a seal
which shall be judicially noticed;
To raise and/or borrow the necessary funds from local and
international financing sources or institutions and to secure the same
by any guarantee, pledge, mortgage, deed of trust or assignment of the
property of corporation for the purpose of financing the programs and
projects deemed vital for the early attainment of its goals and
objectives;
To enter into, make and execute contracts of any kind as may be
necessary or incidental to the accomplishment of its purposes and,
generally, to exercise all the powers and objectives;
Board of Directors.
SEC. 4. Board of Directors. — The governing powers of
the Authority shall be vested in and exercised by a Board of Directors
composed of six (6) ex-officio members namely: The Executive
Secretary, The Director General of the National Economic and Development
Authority, the Secretary of Public Works and Communications, the
Secretary of Industry, the General Manager, Government Service Insurance
System, the Chairman, Board of Governors of the Development Bank of the
Philippines, the Administrator of the Social Security System. The
President shall appoint a Chairman from among the seven directors.
The officials next in rank to the regular members shall serve as
permanent alternate members except that, in the absence of the Chairman,
the Board shall elect a temporary presiding officer. The alternate
members shall attend meetings of the Board and Committees assigned to
their principals and receive the corresponding per diems whenever
their principal is absent or the said position is vacant.
Each
member of the Board shall receive a monthly commutable allowance of five
hundred pesos and per diem of one hundred pesos for every
meeting of the Board or Committee thereof actually attended; Provided,
That the total allowable amount of per diems each month shall
not exceed five hundred pesos.
SEC. 5. Functions
and Duties of the Board of Directors.
Formulate and adopt policies in accordance with the general plan
of the urban development program for the Tondo Foreshore area and its
resettlement site, provided, such plans are congruent with general
framework plans for the country;
The Board shall ordain and promulgate the rules and
regulations governing the Authority, providing for, among other
things, the organizations, regular, special or general meetings of the
Board, its officers, their powers and duties, as well as other offices
and their duties, in a Code of By-Laws which shall be passed by the
affirmative vote of majority.
The Board shall establish such Committees under the
Authority as may be necessary for the accomplishment of its corporate
purposes.
The Board shall submit to the President of the Philippines and
shall publish an annual report of the condition of the Authority before
the end of June of each year.
Powers to Issue Bonds.
SEC. 6. Powers to Issue Bonds. — Whenever the Board of
Directors may deem it necessary for the Authority to incur an
indebtedness or to issue bonds to carry out the provisions of this
Decree, it shall by resolution, so declare and state the purpose for
which the proposed debt is to be incurred. The resolution shall be
confirmed by the affirmative vote of at least five (5) members of the
Board and approved by the President of the Philippines.
Sinking Fund.
SEC. 7. Sinking Fund. — A sinking fund shall be
established in such manner that the total annual contribution thereto
accrued at such rate of interest as may be determined by the Board of
Directors, shall be sufficient to redeem at maturity the bonds issued
under this Decree.
Such fund shall be under the custody of the treasurer of the
Authority who shall invest the same in such manner as the Board of
Directors may direct; charge all expenses of investment to said sinking
fund, and credit the same with the interest on investment and other
income belonging to it.
Guarantee by the Government.
SEC. 8. Guarantee by the
Government. — The Republic of the Philippines hereby guarantees the
payment by the Authority of both the principal and the interest of the
both the principal and the interest of the bonds, debentures,
collaterals, notes or such other obligations issued by the Authority by
virtue of this Decree, and shall pay such principal and interest in the
event that the Authority fails to do so. In case the Authority shall be
unable to pay the said principal and interest, the Secretary of Finance
shall pay the amount thereof which is hereby appropriated out of any
funds in the National Treasury .not otherwise appropriated and
thereupon, to the extent of the amounts so paid, the Government of the
Republic of the Philippines shall succeed to all the rights of the
holders of such bonds, debentures, collaterals, notes or other
obligations, unless the sum so paid by the Republic of the Philippines
shall be refunded by the Authority within a reasonable time.
Appropriation.
SEC. 9. Appropriation. — To carry out the
provisions of this Decree there is hereby appropriated the lump sum
amount of Thirty Million Pesos (P30,000,000.00) for Fiscal Year 1975,
out of the funds in the National Treasury not otherwise appropriated.
Thereafter, the succeeding appropriations of the Authority shall be
included in the Annual Appropriations Act.
Eminent Domain.
SEC. 10. Eminent Domain. — For proper planning and
implementation of rational land policy for proper construction of
housing complexes, commercial and industrial complexes, sites and
services and infrastructure, the Authority shall have the right and
power to acquire properties by purchase, by negotiations or by
condemnation proceedings. In exercising the right or eminent domain,
condemnation proceedings shall be maintained by and in the name of the
Authority and it may proceed in the manner provided by law.
The Auditor.
SEC. 11. The Auditor. — The Chairman of the
Commission on Audit shall appoint a representative who shall be the
auditor of the Authority. He shall likewise appoint the necessary
personnel to assist said representative in the performance of his
duties. The salaries of the auditor and his staff shall be fixed by the
Commission on Audit with the advice of the Board and said salaries shall
be paid by the Authority.
Exemption from Civil Service Law.
SEC. 12. Exemption from Civil Service Law. — The
officers and employees of the Authority shall not be subject to the
Civil Service Law, rules and regulations and shall likewise be exempt
from the rules and regulations of the Wage and Position Classification
Office.
Supervision.
SEC. 13. Supervision. — The Authority shall be
under the direct supervision of the Office of the President for purposes
of policy direction and coordination.
Tax Exemption.
SEC. 14. Tax Exemption. — The Authority shall be
exempt from all forms of taxation and from all duties direct or
indirect, imposed by the Government or any of its political subdivisions
or instrumentalities.
Any provision of existing laws to the contrary notwithstanding,
any donation, contribution, bequest or financial aid which may be made
to the Authority shall be exempt from taxes of any kind and shall
constitute allowable deductions in full from the income of the donors or
givers for income tax purposes.
Transitory Provision.
SEC. 15. Transitory
Provision. — The properties, rights, obligations and liabilities of
the Tondo Foreshore Urban Renewal Project shall be transferred to the
Authority.
Repealing Clause.
SEC. 16. Repealing Clause. — All laws, executive
orders, administrative issuance, rules and regulations inconsistent with
the foregoing provisions are hereby repealed or accordingly modified.
Separability Clause.
SEC. 17. Separability Clause. — The provisions of
this Decree are hereby declared separable, and if any provision of this
Decree is held invalid or unconstitutional the remainder thereof shall
not be affected.
Effectivity.
SEC. 18. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila, this 30th day of October in the year
of Our Lord, nineteen hundred and seventy-four.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
