Conveying The Lands Reclaimed Or To Be Reclaimed In The Area Of North Harbor, Manila By The Manila International Port Terminals Inc. Singly Or Jointly With Other Entities

Case Overview and Summary

Summary of Presidential Decree No. 802

Authorizations and Conveyances:
- The Government Service Insurance System (GSIS) is authorized to extend financial assistance to the Manila International Port Terminals Inc. (MIPTI) for the development and construction of the Manila International Port Terminal Complex. (Section 1)
- All lands already reclaimed or to be reclaimed by MIPTI, either singly or jointly with other entities, together with the resulting foreshore areas, shall be conveyed, transferred, and ceded to GSIS as additional contribution of the National Government to augment the actuarial solvency of the Retirement Insurance Fund. (Section 2)
- The foreshore lands to be reclaimed shall be reclassified as industrial lands. (Section 2)

Land Survey and Registration:
- The reclaimed and to be reclaimed lands, including the foreshore lands, shall be surveyed by the Bureau of Lands to ascertain their accurate location, boundaries, and areas. (Section 3)
- The reclaimed lands shall be registered and titled in the name of GSIS, and the Register of Deeds shall issue the corresponding certificate of title to GSIS. (Section 3)

Lease Agreement:
- The reclaimed areas shall be leased by GSIS to MIPTI for a period of twenty-five (25) years, renewable for another twenty-five (25) years. (Section 4)
- The lease rentals shall be determined based on the total investments and commitments to be recovered by GSIS, plus a fair and reasonable profit, in consideration of the right, privilege, and authority granted to MIPTI to utilize such areas. (Section 4)
- The lease shall be mutually agreed upon by the President of the Philippines, but in no case shall it impair or prejudice any privilege granted to MIPTI under Presidential Decree No. 634. (Section 4)

Transfer or Conveyance of Ownership:
- Subject to the approval of the President of the Philippines, GSIS may transfer or convey ownership of any portion or portions of the reclaimed lands to persons or corporations qualified to acquire land under the Constitution. (Section 5)
- GSIS may also lease any portion or portions of the reclaimed lands to any person or corporation for commercial or industrial purposes only, subject to the approval of the President of the Philippines. (Section 5)

Inconsistent Laws and Regulations:
- All laws, executive orders, proclamations, rules, and regulations or parts thereof, inconsistent with this Decree are hereby replaced and/or modified accordingly. (Section 6)

Implementation:
- All offices concerned are directed to act accordingly. (Section 7)
- This Decree shall take effect immediately. (Section 8)