WHEREAS, it is the declared policy of government to promote the well being of the people by undertaking a program of development which shall establish communities where people can live with dignity in healthful environmental conditions;
WHEREAS, the Tondo Foreshore is the largest squatter and slum colony in the Greater Manila Area where people live in substandard conditions incompatible with the goals of the New Society;
WHEREAS, the government is determined to improve the quality of life of the people in the Tondo Foreshore by preparing and implementing a realistic, comprehensive, and integrated plan for its development;
WHEREAS, the government is aware that the land issue is central in the Tondo Foreshore Project whose resolution shall provide a meaningful and lasting solution to the situation in the project area;
WHEREAS, Republic Act 1597, as amended, and other related laws specifically governing land use in the Tondo Foreshore Area have been found unrealistic and inadequate to bring about a harmonious, meaningful and lasting solution to the squatter and slums problem long obtaining in the Tondo Foreshore area;
WHEREAS, the Tondo Foreshore Development Authority, and its legal successor, the National Housing Authority, have prepared a master plan for the Tondo Foreshore which provides for the upgrading of sites and services in the Tondo Foreshore and the development of Dagat-dagatan into a resettlement area with residential, commercial, and industrial components, the whole project now known as the Tondo Foreshore and Dagat-dagatan Urban Development Project;
WHEREAS, there is a need to prescribe a new and reaistic land tenure system for the Tondo Foreshore area and Dagat-dagatan resettlement site in order to effect the proper implementation of the physical and socio-economic development program therein;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution do hereby decree and order the following:
SECTION 1. The Tondo Foreshore and Dagat-dagatan Urban Development Project
The Tondo Foreshore and Dagat-dagatan Urban Development Project, hereinunder referred to as the "Project" for which the land tenure system prescribed by this Decree is applicable, shall comprise the Tondo Foreshore, Vitas, Dagat-dagatan and its adjacent areas which have been designated as "Planned Areas for New Development (PLAND)" with specific technical boundaries under Letter of Instruction 299 dated 29 July 1975 and over which the Tondo Foreshore Development Authority and its successor, the National Housing Authority hereinafter referred to as the "Authority", have general jurisdiction and control.
SEC. 2. Land Tenure System
The Land Tenure System prescribed for the Project shall consist of two modes of residential land ownership and disposition, to wit:
SEC. 3. Citizens' Committee
For the purposes of this Decree, a Citizens' Committee consisting of five (5) members shall be formed in each barangay within the Project Area to perform the following functions:
The Barangay Chairman in each barangay shall automatically be a member of the Citizens' Committee. The four (4) other members shall be elected for a term of one (1) year by the members of the barangay in a general meeting. The Authority in coordination with other government entities, specifically the Department of Local Government and Community Development shall prescribe and implement the necessary rules and regulations for the conduct of the barangay election. The members of the Citizens' Committee shall elect from among themselves a Chairman who shall convene the Committee to discuss business on hand.
SEC. 4. Freehold with Restrictions
The sale and/or disposition of land in the Project Area shall be subject to the following conditions:
SEC. 5. Leasehold with or without the Option to Purchase
The lease of land with option to purchase shall be subject to the following conditions:
The rules and regulations to implement leasehold without option to purchase shall be prescribed by the Authority, provided that in its implementation the Citizen's Committee shall exercise its recommendatory powers specified in Section 3 of this decree subject to review and approval by the Authority.
SEC. 6. Sub-letting of Dwelling Units and Structures
Sub-letting of dwelling units and structures on lands under freehold and leasehold shall be subject to recommendation of the Citizen's Committee and approval of the Authority. It is understood that the Authority will not unreasonably withhold the approval of transfer of land to persons qualified under criteria referred to in Section 4.
SEC. 7. Commercial and Industrial lands
Commercial and Industrial lands shall be disposed of by sale and/or lease. The conditions of sale and lease shall be prescribed and implemented by the Authority.
SEC. 8. Payment of real property taxes
All lessees and holders of freehold titles shall pay normal real property taxes to the local government in return for normal service from the latter.
SEC. 9. Implementation and Administration
The Authority shall implement and administer the land tenure system in the project.
SEC. 10. Repealing Clause
Any provision of law, decree, executive orders, ordinances, rules and regulations inconsistent herewith are hereby repealed, amended and modified accordingly.
SEC. 11. Separability Clause
If for any reason, any section or provision of this Decree is declared to be unconstitutional or invalid, the other sections or provisions hereof, which are not affected thereby shall continue in full force and effect.
SEC. 12. Effectivity This Decree shall take effect immediately.
Done in the City of Manila, this 17th day of October, in the year of Our Lord, nineteen hundred and seventy-five.
(Sgd.) |
FERDINAND E. MARCOS | ||||||||
President |
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Republic of the Philippines | |||||||||
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By the President: | ||||||||
(Sgd.) |
ROBERTO V. REYES | ||||||||
Acting Executive Secretary |