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 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:
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.
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 7 of P.D. No. 1616 is hereby renumbered as Section 8 and the rest of the Sections are correspondingly renumbered.
SEC. 4. Section 7 of P.D. No. 1616 is hereby renumbered as 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.''
SEC. 5. Section 8 of P.D. No. 1616 is hereby renumbered as 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."
SEC. 6. Section 9 of P.D. No. 1616 is hereby renumbered as Section 10 and amended to read as follows:
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."
SEC. 7. Section 12 of P.D. No. 1616 is hereby renumbered as Section 13 and amended to read as follows:
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."
SEC. 8. Section 16 of P.D. No. 1616 is hereby renumbered as Section 17 and amended to read as follows:
"SEC. 17. Grants, Contributions and Donations—
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—
Sections 17, 18 and 19 of P.D. No. 1616 are hereby renumbered as Sections 25, 26 and 27.
SEC. 10. Section 17 of P.D. No. 1616 which is renumbered as 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."
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