Presidential Decree No. 670 (PD 670) — Authorizing the Transfer from Asiatic Integrated Corporation to Export Processing Zone Authority the Franchise to Construct, Operate and Maintain Private Piers and Wharves in the Port of Mariveles, and for Other Purposes.
WHEREAS, to enable the Export Processing Zone Authority to
effectively implement its export promotion objectives it is imperative
that the Authority be allowed to construct, operate and maintain private
piers and wharves in the Port of Mariveles;
WHEREAS, the franchise to construct, operate and maintain
such facilities in Mariveles belongs to the Asiatic integrated
Corporation under Republic Act Numbered Fifty Three Hundred and
Fifty-six;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Republic of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree that:
SECTION 1. In accordance with the agreement already arrived
at between Asiatic Integrated Corporation and the Export Processing
Zone, the franchise to construct, operate and maintain private piers and
wharves in the Port of Mariveles granted to the Asiatic Integrated
Corporation Under Republic Act Numbered Fifty Three Hundred and
Fifty-six is hereby transferred to the Export Processing Zone Authority,
on such terms and conditions as may be agreed upon by the parties,
provided that the same are in conformity with provisions of existing
laws and applicable to such transfer, and subject to the approval of the
President of the Philippines.
For this purpose, the Authority is hereby authorized to construct,
acquire, own, lease, operate and or maintain, by itself or through
other persons or entities, in the Port of Mariveles, Bataan, piers,
wharves and other port terminal facilities.
SEC. 2. In the construction, operation and maintenance
by the Authority of piers, wharves and other port terminal facilities,
the following guidelines shall apply:
All goods unloaded in Authority's piers and wharves shall
not be subject to inspection, assessment and payment of tariff and
customs duties and internal revenue taxes, unless said
goods are subsequently removed from the pier and delivered outside of
the export processing zone. Upon such withdrawal and delivery
outside of the zone, the goods shall be subject to
inspection, assessment and payment of the corresponding tariff and
customs duties and internal revenue taxes, without prejudice to such tax
and tariff exemptions as may be enjoyed by the consignee thereof under
existing laws.
The Authority shall supervise, .subject to the
existing international commitments, the flow of vessels in and out of
the pier, as well as the manner in which the loading and unloading
of vessels therein shall be carried out: Provided, That
nothing herein contained shall prejudice the authority of the
Philippine Coast Guard to enforce the laws and regulations
under its jurisdiction.
The Authority shall adopt a just and reasonable rate or fee for
the use of its piers and wharves, including any and all services
operated therein in connection with or incidental to the operation and
management of said piers and wharves.
The Authority may enter into technical consultancy and
construction agreement with any person or firm, corporation or
entities respecting the construction, operation, maintenance or
expansion of Authority's piers and wharves, under such
terms and conditions as may be deemed reasonable.
SEC. 3. Section 5 of Presidential Decree No. 66 is hereby
amended to read as follows:
"SECTION 5. Capitalization.—The capital of the
Authority shall consist of (1) its existing assets and such other
properties as may be contributed to the Authority by the Government to
form part of capital, (2) all capitalized surplus, and (3) cash
contribution by the Government in the amount of five hundred million
pesos, which is hereby appropriated out of any fund in the National
Treasury not otherwise appropriated, be they collection from any or all
taxes accruing to the general fund proceeds from loans the issue of
bonds, treasury bills or notes, or derived from any other sources of
income by or of the National Government, which amount shall be released
by the Budget Commission in accordance with the schedule of development
and expenditure to be prepared and submitted by the Authority."
SEC. 4. Republic Act Numbered Fifty Three Hundred and
Fifty-six is hereby repealed and all other laws, decrees, administrative
orders, executive orders, rules and regulations inconsistent herewith
are hereby repealed and modified accordingly.
SEC. 5. This Decree shall take effect immediately.
Done in the City of Manila, Philippines, this 13th day of
March, in the year of Our Lord nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic 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).
