Amending The Charter Of The Intramuros Administration

Case Overview and Summary

Summary of Presidential Decree No. 1748

Amending the Charter of the Intramuros Administration

I. Functions and Powers of the Intramuros Administration (Section 1)
- Formulate, coordinate and execute policies related to Intramuros.
- Enter into contracts with private entities or government agencies. (Section 3(b))
- Acquire, hold, lease, mortgage, sell or dispose of real and personal property. (Section 3(c))
- Receive and hold assets, grants or property through bequest, donation, gift, purchase or lease. (Section 3(d))
- Initiate, plan, undertake and supervise restoration, upkeep and maintenance of Intramuros Walls, public places, streets and government-owned properties within Intramuros. (Section 3(e))
- Prepare, adopt, revise and enforce rules and regulations for land use, development activities, building construction, traffic management, advertising, archaeological diggings and excavations within Intramuros. (Section 3(f))
- Expropriate properties within Intramuros. (Section 3(g))
- Sponsor, conduct or assist cultural activities in Intramuros and charge admission fees. (Section 3(h))
- Give grants, contributions and donations for restoration, repair or maintenance of historic structures in and outside Intramuros. (Section 3(i))
- Prescribe and collect fees for effective enforcement of laws and regulatory measures. (Section 3(j))
- Exercise all powers necessary or incidental to attain the objectives of the Decree. (Section 3(k))

II. Transfer of Administration and Properties (Section 2)
- Properties of national government agencies within Intramuros shall be transferred to the Administration upon agreement.
- Properties of government corporations shall be sold to the Administration on mutually acceptable terms.
- Administration of Fort Santiago, Sunken Garden, Municipal Golf Links and other public properties in Intramuros are transferred to the Administration.
- All proposed transactions affecting private properties within Intramuros shall be registered with the Administration, which shall have the right of first refusal in case of sale.

III. Locational Clearance, Construction and other Permits (Section 3)
- All locational clearances, construction permits, excavations or archaeological diggings within Intramuros shall be issued by the Administration based on the approved Intramuros Development Plan, architectural standards and rules.
- No structure shall be erected, altered, restored, moved or demolished within Intramuros without the Administration's Certificate of Appropriateness.
- The National Building Code and other related laws shall have a suppletory effect to this Decree and the Administration's regulations.

IV. Building Modifications (Section 4)
- After a transitory period, the Administration shall require owners of existing buildings and structures within Intramuros to modify their architectural structure and design to conform to the adopted standards.
- 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.
- No changes in the facade or external appearance of any existing buildings and structures 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 modifications to conform to the Administration's architectural design standards shall qualify to apply for incentives, financial assistance and grants.

V. Maintenance of Roads and other Utilities and Services (Section 5)
- 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.
- The Administration shall undertake such services directly or by arrangement with the appropriate Ministry, the City of Manila, or with private parties.

VI. Traffic Management (Section 6)
- The Administration shall control the nature, volume and schedule of traffic, parking and the access of private and public vehicles into Intramuros.
- The Administration shall prepare the appropriate traffic plan and implementing rules and regulations.
- Review and approval of public transportation routes going through Intramuros shall be subject to the concurrence of the Administration.

VII. Investment Incentives (Section 7)
- The Administration, in consultation with the Minister of Industry or the Minister of Tourism and subject to the approval of the President, may extend investment incentives and other forms of assistance to industries and enterprises established in Intramuros in accordance with the Intramuros Development Plan.
- The industries allowed to operate in Intramuros shall be limited to those consistent and compatible with the historical character of Intramuros and shall not be the source of pollution.

VIII. Grants, Contributions and Donations (Section 8)
- The Administration is authorized to accept and receive grants, contributions and donations from domestic and foreign sources, government or private.
- These may be obligated and disbursed or used in a manner deemed best to promote and accelerate the restoration program, enhance the maintenance of historical structures and facilities in Intramuros, or contribute to their development and preservation.
- All grants and donations to the Administration shall be exempt from donors and all other taxes and shall be fully deductible for income tax purposes.
- Donations mortis causa of art objects, antiques, treasures and relics, historical houses or parts thereof or similar properties made to the Administration shall be excluded in the determination of the net estate of the donor and the full value of the donation shall be credited for purposes of paying estate taxes due from the estate of the decedent.

IX. Eminent Domain (Section 9)
- 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.
- The Administration shall likewise be exempt from all court fees if expropriation proceedings are resorted to.
- Expropriation proceedings may be maintained by and in the name of the Administration.

X. Effectivity of Decisions of the Administration (Section 10)
- 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.

XI. Rule Making Functions (Section 11)
- 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.

XII. Visitorial Powers (Section 12)
- 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 prescribed use, standards and specifications.
- Any violation of such specifications provided for in its rules and regulations shall be dealt with in the section dealing with penalties.

XIII. Authority to Organize Inter-Agency Committees (Section 13)
- The Administration or its designated representative is authorized to organize and convene an inter-agency committee or committees with representatives from appropriate government agencies and private entities to serve as consultative or recommendatory bodies.

XIV. Deputization of Officials (Section 14)
- The Administration may deputize any official or agency of the government to perform any of its specific functions or activities.

XV. Penalties (Section 15)
- Any person or establishment who violates any provision of this Decree, or any policy, order, decision, ruling or regulation of the Administration shall be subject to a penalty imposed by the appropriate court ranging from a fine of One Thousand Pesos (P1,000.00) to Fifty Thousand Pesos (P50,000.00) or imprisonment of not exceeding six years or both at the discretion of the court.
- This shall be without prejudice to any administrative fines and penalties that the Administration may prescribe in its rules and regulations, including the revocation or cancellation of locational or construction permit and the suspension of construction and/or the demolition of the illegal construction.
- The Administration is authorized to impose a fine not exceeding Thirty Thousand Pesos (P30,000.00) for violation of this Decree or any of the policies, orders, rules and regulations promulgated by it or any of the terms and conditions provided for in the permit or license granted by it.
- The Administration may consider any violation as a continuing one and subject to a daily penalty for as long as the illegal act or condition exists.
- The Administration may secure the assistance of or deputize the appropriate enforcing officials, such as the building official of the City of Manila and other local police officers, and may establish its own enforcement arm or demolition team.

XVI. Effects of Laws, Decrees and Ordinances (Section 16)
- 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 Decree 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.

XVII. Effectivity (Section 17)
- This Decree shall take effect immediately.