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[ Act No. 3002, March 07, 1922 ]
AN ACT TO CREATE A HARBOR BOARD FOR THE PORT OF MANILA
Be it enacted by the Senate and Home of Representatives of the Philippines in Legislature assembled and by the authority of the same:
SECTION 1. There is hereby created a Board which shall be designated and known as the Manila Harbor Board, which shall be vested with powers and duties hereinafter specified. Said Board shall consist of five persons, citizens of the Philippine Islands, or of the United States, residents of the city of Manila, Philippine Islands, each of whom shall be at least thirty years of age, and who shall be appointed by the Governor-General by and with the advice and consent of the Senate: Provided, That the Insular Collector of Customs shall be appointed one of the members of the Harbor Board, and shall be permanent chairman of the same.
SEC. 2. The members of the Manila Harbor Board first appointed, with the exception of the Insular Collector of Customs, shall hold office as follows:
One for four years, one for three years, one for two years, and one for one year, said periods to be computed from the date on which a member of said Board shall first qualify; and at the expiration of their respective terms a successor shall be appointed for the term of four years from the date of such expiration. All vacancies, except through expiration of the term, shall be filled for the unexpired term only. The Governor-General may remove a member of said Board for neglect of duty or misconduct
in office, giving him a copy of the charges against him and opportunity of being publicly heard in person or by counsel in his defense upon not less than ten days notice.
SEC. 3. The members of said Board shall serve without compensation.
SEC. 4. The Board shall, immediately after its appointment, organize itself by electing one of its members as vice-chairman empowered to assume the duties of the permanent chairman in his absence, and two of its members as secretary and treasurer, respectively. The Board is hereby authorized to appoint such other employees as it may deem necessary and fix their duties, compensation, and terms of service.
SEC. 5. The secretary shall keep full and correct minutes of all the transactions and proceedings of the Board, and shall perform such other duties as may be required of him by the Board. The treasurer shall pay out of the funds in his charge all properly approved accounts and toun shall, in general, manage the funds entrusted to him by and on behalf of the Board as authorized by law. He shall execute a bond in favor of the Board, conditioned upon the faithful performance of all the duties of his office and covering all money that may officially come into his possession, which bond shall be approved by the Board and be in such amount as the latter may determine.
SEC. 6. The Board shall have its office in the city of Manila at such place as may be designated by the Governor-General, and shall meet at such time and place within the city of Manila as it may provide by rules or otherwise.
SEC. 7. The Board shall have the power to make needful rules for its government and other proceedings not inconsistent with this Act.
SEC. 8. Any three of the members of said Board shall form a quorum and may transact any of the business of the Board; and in the absence of a quorum the members present may adjourn the Board from time to time until there shall be a quorum; the concurrence of at least three of the members of the Board shall be necessary to the making of any order.
SEC. 9. The Board shall report annually, as soon as practicable, after the first of January of each year, to the Governor-General, making such recommendations as it may deem proper, which report shall be put before the Legislature.
SEC. 10. The Board shall have general supervision and regulation of, and control over the receiving, handling, custody, and delivery of merchandise on the wharves and piers of the port of Manila and shall fix the rates to be charged for the service, both for the merchandise imported and for that exported; and in the exercise of its functions it is hereby authorized to take over, operate, and superintend such plants as may have been established or may hereafter be established by the Government of the Philippine Islands for the receiving, handling, custody, and delivery of merchandise.
SEC. 11. It shall be the duty of the Board, in the exercise of its functions as prescribed in the last preceding1, section, to furnish the Insular Collector of Customs with a complete and correct list of the amount and kind of cargo discharged by each vessel entering Manila harbor, whether such cargo be discharged at the pier or elsewhere. It shall further be the duty of the Board to report to the Insular Collector of Customs any damage, destruction or loss by theft, fire or any other cause, suffered by the merchandise in its custody.
SEC. 12. All consigned merchandise remaining on hand for ninety days without being dispatched shall be delivered by the Board to the Insular Collector of Customs who shall dispose of it according to law.
SEC. 13. Said Board is hereby authorized, whenever in its judgment the receiving, handling, custody, and delivery of merchandise intended for importation or exportation in the port of Manila can be carried on with greater efficiency, to sell, lease or otherwise dispose of any plant and equipment owned or which may hereafter be acquired by the Government of the Philippine Islands for the receiving, handling, custody, and delivery of merchandise in the port of Manila, to private persons, associations, or corporations, on such terms as may be deemed most advantageous, subject to the approval of the Governor-General; and to make contracts with such persons, associations, or corporations for the receiving, handling, custody, and delivery of merchandise in the port of Manila, which contracts shall contain conditions regarding access to the customs premises, subjection to the control of the customs authorities, charges for the services rendered by the contractor, security to be given for the efficient handling, custody, and delivery of the merchandise and the prompt payment of all losses thereof, as may be agreed upon between the Board and the contractor, subject to the approval of the Governor-General.
SEC. 14. Until a contract has been made with a private person, association, or corporation for the handling, custody, and delivery of merchandise, in accordance with section thirteen of this Act, the Board shall execute a bond, with an insurance company or bank as sureties, in such sum as the Governor-General may determine, conditioned upon the efficient handling, custody, and delivery by it of the merchandise and the prompt payment of losses. This bond shall be in favor of the Government of the Philippine Islands, for the benefit of whom it may concern, and any private person, company, or corporation owning such merchandise or an interest therein shall be entitled to collect on said bond to recover any damage due to negligence on the part of said Board in the handling, custody, and proper delivery of such merchandise.
SEC. 15 . The Board or the contractor, if any, shall deliver the imported merchandise to the consignee or to his order, but only upon formal order of the carriers or their agents and by virtue of a permit in due form issued by the Insular Collector of Customs.
The provisions of sections thirteen hundred and fifteen and thirteen hundred and sixteen of the Administrative Code shall be applicable only to merchandise surrendered to the Insular Collector of Customs by the carriers, the Board or the contractor, if any, for inspection and appraisal: Provided, That the Insular Collector of Customs shall return such merchandise, after inspection and appraisal, to the contractor, if any, for delivery to the consignee, in which event the responsibility of the Insular Collector of Customs shall cease: Provided, further, That nothing herein contained shall be construed as authorizing the withdrawal of any imported merchandise from the control of the Insular Collector of Customs until the internal-revenue taxes and other lawful charges thereon have been paid or their payment guaranteed, or until the Insular Collector of Customs has formally authorized the delivery of such merchandise.
SEC. 16. The Board or the contractor, if any, shall have a preferred lien on all imported merchandise for the collection of the storage and arrastre charges, which lien shall be effective so long as said merchandise is in the control of the Board or the contractor, if any, and shall also be entitled to retain such merchandise until all charges have been paid thereon.
SEC. 17. In case the Board makes a contract with any private concern, association, or corporation for the receiving, handling, custody, and delivery of merchandise for exportation or importation in the port of Manila, as provided in section thirteen of this Act, it shall be its duty to see that such private concern, association, or corporation shall faithfully perform each and all of the conditions of the contract. In case such private concern, association, or corporation fails to comply with all terms of said contract, the Board is authorized to annul or cancel the contract and take the necessary measures for collecting damages for the benefit of any one who may have suffered through such failure, collecting upon the bond or other security furnished by the contractor, in which event the Board shall give the contractor at least sixty days notice of its intention to annul or cancel such contract, stating the reasons therefor, and shall give said contractor an opportunity to be heard in the matter. In case the Board annuls or cancels the contract, it is authorized to award a similar contract to any other private person, association, or corporation, also subject to the limitations and conditions set out in section thirteen of this Act, in which event the contractor whose contract has been annulled, shall immediately transfer and turn over to the said Board the plant and equipment used by him for the receiving, handling, custody, and delivery of merchandise, and shall be entitled to the reimbursement of the value thereof as determined by the Board, in accordance with the market value at the time of the delivery thereof, less a proportionate amount for deterioration.
SEC. 18. It shall be the duty of the Board, upon making such contracts, to embody in the same suitable conditions in the sense that the contractor shall conform to and abide by all the provisions of this Act.
SEC. 19. All receipts of the Harbor Board for the port of Manila coming into its possession by reason of the performance of its duties and powers shall be deposited in the Insular Treasury on the account of the Manila Harbor Board.
SEC. 20. All acts or parts of acts inconsistent with the provisions of this Act are hereby repealed.
SEC. 21. This Act shall take effect thirty days after its approval.
Approved, March 7, 1922.
SECTION 1. There is hereby created a Board which shall be designated and known as the Manila Harbor Board, which shall be vested with powers and duties hereinafter specified. Said Board shall consist of five persons, citizens of the Philippine Islands, or of the United States, residents of the city of Manila, Philippine Islands, each of whom shall be at least thirty years of age, and who shall be appointed by the Governor-General by and with the advice and consent of the Senate: Provided, That the Insular Collector of Customs shall be appointed one of the members of the Harbor Board, and shall be permanent chairman of the same.
SEC. 2. The members of the Manila Harbor Board first appointed, with the exception of the Insular Collector of Customs, shall hold office as follows:
One for four years, one for three years, one for two years, and one for one year, said periods to be computed from the date on which a member of said Board shall first qualify; and at the expiration of their respective terms a successor shall be appointed for the term of four years from the date of such expiration. All vacancies, except through expiration of the term, shall be filled for the unexpired term only. The Governor-General may remove a member of said Board for neglect of duty or misconduct
in office, giving him a copy of the charges against him and opportunity of being publicly heard in person or by counsel in his defense upon not less than ten days notice.
SEC. 3. The members of said Board shall serve without compensation.
SEC. 4. The Board shall, immediately after its appointment, organize itself by electing one of its members as vice-chairman empowered to assume the duties of the permanent chairman in his absence, and two of its members as secretary and treasurer, respectively. The Board is hereby authorized to appoint such other employees as it may deem necessary and fix their duties, compensation, and terms of service.
SEC. 5. The secretary shall keep full and correct minutes of all the transactions and proceedings of the Board, and shall perform such other duties as may be required of him by the Board. The treasurer shall pay out of the funds in his charge all properly approved accounts and toun shall, in general, manage the funds entrusted to him by and on behalf of the Board as authorized by law. He shall execute a bond in favor of the Board, conditioned upon the faithful performance of all the duties of his office and covering all money that may officially come into his possession, which bond shall be approved by the Board and be in such amount as the latter may determine.
SEC. 6. The Board shall have its office in the city of Manila at such place as may be designated by the Governor-General, and shall meet at such time and place within the city of Manila as it may provide by rules or otherwise.
SEC. 7. The Board shall have the power to make needful rules for its government and other proceedings not inconsistent with this Act.
SEC. 8. Any three of the members of said Board shall form a quorum and may transact any of the business of the Board; and in the absence of a quorum the members present may adjourn the Board from time to time until there shall be a quorum; the concurrence of at least three of the members of the Board shall be necessary to the making of any order.
SEC. 9. The Board shall report annually, as soon as practicable, after the first of January of each year, to the Governor-General, making such recommendations as it may deem proper, which report shall be put before the Legislature.
SEC. 10. The Board shall have general supervision and regulation of, and control over the receiving, handling, custody, and delivery of merchandise on the wharves and piers of the port of Manila and shall fix the rates to be charged for the service, both for the merchandise imported and for that exported; and in the exercise of its functions it is hereby authorized to take over, operate, and superintend such plants as may have been established or may hereafter be established by the Government of the Philippine Islands for the receiving, handling, custody, and delivery of merchandise.
SEC. 11. It shall be the duty of the Board, in the exercise of its functions as prescribed in the last preceding1, section, to furnish the Insular Collector of Customs with a complete and correct list of the amount and kind of cargo discharged by each vessel entering Manila harbor, whether such cargo be discharged at the pier or elsewhere. It shall further be the duty of the Board to report to the Insular Collector of Customs any damage, destruction or loss by theft, fire or any other cause, suffered by the merchandise in its custody.
SEC. 12. All consigned merchandise remaining on hand for ninety days without being dispatched shall be delivered by the Board to the Insular Collector of Customs who shall dispose of it according to law.
SEC. 13. Said Board is hereby authorized, whenever in its judgment the receiving, handling, custody, and delivery of merchandise intended for importation or exportation in the port of Manila can be carried on with greater efficiency, to sell, lease or otherwise dispose of any plant and equipment owned or which may hereafter be acquired by the Government of the Philippine Islands for the receiving, handling, custody, and delivery of merchandise in the port of Manila, to private persons, associations, or corporations, on such terms as may be deemed most advantageous, subject to the approval of the Governor-General; and to make contracts with such persons, associations, or corporations for the receiving, handling, custody, and delivery of merchandise in the port of Manila, which contracts shall contain conditions regarding access to the customs premises, subjection to the control of the customs authorities, charges for the services rendered by the contractor, security to be given for the efficient handling, custody, and delivery of the merchandise and the prompt payment of all losses thereof, as may be agreed upon between the Board and the contractor, subject to the approval of the Governor-General.
SEC. 14. Until a contract has been made with a private person, association, or corporation for the handling, custody, and delivery of merchandise, in accordance with section thirteen of this Act, the Board shall execute a bond, with an insurance company or bank as sureties, in such sum as the Governor-General may determine, conditioned upon the efficient handling, custody, and delivery by it of the merchandise and the prompt payment of losses. This bond shall be in favor of the Government of the Philippine Islands, for the benefit of whom it may concern, and any private person, company, or corporation owning such merchandise or an interest therein shall be entitled to collect on said bond to recover any damage due to negligence on the part of said Board in the handling, custody, and proper delivery of such merchandise.
SEC. 15 . The Board or the contractor, if any, shall deliver the imported merchandise to the consignee or to his order, but only upon formal order of the carriers or their agents and by virtue of a permit in due form issued by the Insular Collector of Customs.
The provisions of sections thirteen hundred and fifteen and thirteen hundred and sixteen of the Administrative Code shall be applicable only to merchandise surrendered to the Insular Collector of Customs by the carriers, the Board or the contractor, if any, for inspection and appraisal: Provided, That the Insular Collector of Customs shall return such merchandise, after inspection and appraisal, to the contractor, if any, for delivery to the consignee, in which event the responsibility of the Insular Collector of Customs shall cease: Provided, further, That nothing herein contained shall be construed as authorizing the withdrawal of any imported merchandise from the control of the Insular Collector of Customs until the internal-revenue taxes and other lawful charges thereon have been paid or their payment guaranteed, or until the Insular Collector of Customs has formally authorized the delivery of such merchandise.
SEC. 16. The Board or the contractor, if any, shall have a preferred lien on all imported merchandise for the collection of the storage and arrastre charges, which lien shall be effective so long as said merchandise is in the control of the Board or the contractor, if any, and shall also be entitled to retain such merchandise until all charges have been paid thereon.
SEC. 17. In case the Board makes a contract with any private concern, association, or corporation for the receiving, handling, custody, and delivery of merchandise for exportation or importation in the port of Manila, as provided in section thirteen of this Act, it shall be its duty to see that such private concern, association, or corporation shall faithfully perform each and all of the conditions of the contract. In case such private concern, association, or corporation fails to comply with all terms of said contract, the Board is authorized to annul or cancel the contract and take the necessary measures for collecting damages for the benefit of any one who may have suffered through such failure, collecting upon the bond or other security furnished by the contractor, in which event the Board shall give the contractor at least sixty days notice of its intention to annul or cancel such contract, stating the reasons therefor, and shall give said contractor an opportunity to be heard in the matter. In case the Board annuls or cancels the contract, it is authorized to award a similar contract to any other private person, association, or corporation, also subject to the limitations and conditions set out in section thirteen of this Act, in which event the contractor whose contract has been annulled, shall immediately transfer and turn over to the said Board the plant and equipment used by him for the receiving, handling, custody, and delivery of merchandise, and shall be entitled to the reimbursement of the value thereof as determined by the Board, in accordance with the market value at the time of the delivery thereof, less a proportionate amount for deterioration.
SEC. 18. It shall be the duty of the Board, upon making such contracts, to embody in the same suitable conditions in the sense that the contractor shall conform to and abide by all the provisions of this Act.
SEC. 19. All receipts of the Harbor Board for the port of Manila coming into its possession by reason of the performance of its duties and powers shall be deposited in the Insular Treasury on the account of the Manila Harbor Board.
SEC. 20. All acts or parts of acts inconsistent with the provisions of this Act are hereby repealed.
SEC. 21. This Act shall take effect thirty days after its approval.
Approved, March 7, 1922.