Creating The "Intramuros Administration" For Purposes Of Restoring And Administering The Development Of Intramuros

Case Overview and Summary

Creation of the Intramuros Administration (Section 1)
- Responsible for orderly restoration and development of Intramuros as a monument to the Hispanic period of Philippine history.
- Ensure Intramuros conforms to Philippine-Spanish architecture of the 16th to 19th century.

Organization of the Administration (Section 2)
- Directed by a Board of Administrators consisting of the Minister of Human Settlements (Chairman), Mayor of Manila, Executive Director of the National Historical Institute, the Administrator, and other designated persons.
- Executive Officer is an Administrator with qualifications and rank of a Deputy Minister.
- Staffed in accordance with budget and compensation laws.
- Authorized to engage architectural, historical, tourism, and other consultants.
- Heads of Ministries may serve on the Board in an ex-officio capacity.
- Board members receive per diems for attending meetings, subject to a maximum monthly amount.
- Architectural Committee and other committees may be created to advise the Administration.

Functions and Powers (Section 3)
- Acquire, lease, hold, mortgage, sell, or dispose of real and personal property as necessary.
- Initiate, plan, undertake, and supervise the restoration, upkeep, and maintenance of Intramuros Walls, ravelins, moat, Sunken Garden, public places, plazas, streets, and other government properties within Intramuros. (Section 3b)
- Adopt, issue, promulgate, and implement regulations pertaining to zoning, building height, dimensions, architectural style and designs, and other building construction specifications within Intramuros. (Section 3c)
- Regulate traffic, street usage, and other related matters within the area. (Section 3d)
- Determine and regulate the architecture of buildings, utilization of buildings, size and nature of display signs, advertising billboards, neon lights, and other external signs and advertisements in buildings within Intramuros. (Section 3e)
- Require private holders to modify the design of existing buildings to comply with approved specifications. (Section 3f)
- Expropriate property within the bounds of Intramuros. (Section 3g)
- Sponsor and conduct festivals and charge and collect admission fees to the restored Gates and other attractions operated by the Administration. (Section 3h)
- Undertake other activities necessary to enhance and achieve its objectives. (Section 3i)

Transfer of Administration, Properties, and Appropriations (Section 4)
- Buildings and lands owned by the National Government, administered by the Bureaus of Building and Real Property Management, other offices and agencies, and the City of Manila, including government-owned or controlled corporations located in Intramuros, are transferred to the Administration.
- For properties of government corporations and the City of Manila, compensation arrangements shall be mutually agreed upon and recommended to the President for final approval.
- 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 transferred to the Administration.
- The City of Manila may continue operating the Municipal Golf Links.

Operation of Facilities (Section 5)
- The Administration may operate museums, art galleries, theaters, and other cultural/educational facilities that are incidental and suitable to the attainment of its objectives.
- The Administration may operate such facilities directly or through existing institutions such as the National Museum, the Cultural Center of the Philippines, the National Library, and other agencies of the Government.

Commercial Activities (Section 6)
- The Administration may directly, or in association with public or private enterprises, construct, lease, sell, and otherwise operate shopping and commercial facilities in Intramuros.
- The Administration may likewise operate guided tours and offer related tourism services.

Building Modifications (Section 7)
- The Administration may require owners of existing structures to modify the design of existing buildings.
- Subject to the approval of the Minister of Human Settlements and availability of funds, the Administration may utilize its funds to undertake the modification of existing buildings, whether publicly or privately owned, to comply with approved designs.
- No changes in the external appearance of existing buildings and structures in Intramuros, including ruins, shall be made without the approval of the Administration.

Road Maintenance (Section 8)
- The budgetary allocation for the maintenance of national and local roads within Intramuros area shall be released to the Administration.
- The Administration shall undertake such road maintenance directly or by arrangement with the Ministry of Public Highways, the City of Manila, or with private parties capable of doing the work, subject to applicable government rules and regulations.

Traffic Management (Section 9)
- The Administration shall control the nature, extent, and timing of the access of private and public vehicles into Intramuros.
- The approval of public transportation routes going through Intramuros shall be subject to the concurrence of the Administration.

Construction Work (Section 10)
- Construction and other civil works may be undertaken directly by the Administration or with the assistance of the Ministry of Public Works, Transportation and Communications, the City of Manila, or by private contractors, subject to applicable government rules and regulations.

Real Property Tax Discount (Section 11)
- The Administration, in consultation with the Minister of Finance, may extend discounts on real property assessments situated within Intramuros, to encourage the private sector to engage in the construction of duly approved facilities.
- Such incentives shall apply only to new construction and improvements of existing buildings that conform to the Administration's architectural specifications.

Investment Incentives (Section 12)
- The Administration, in consultation with the Minister of Industry or the Minister of Tourism, may extend investment incentives for industries and enterprises established in Intramuros, not exceeding those granted for pioneer enterprises.
- The industries operating in Intramuros shall be limited to those that are consistent with its historical atmosphere and shall not be the source of air, noise, water, or other types of pollution.

Appropriations (Section 13)
- The appropriations pertaining to Intramuros which are in the budget of the National Historical Institute and the National Parks Development Committee are transferred to the Administration.
- The Minister of Human Settlements may fund additional operating and capital expenditures out of the appropriations provided for the Ministry of Human Settlements in Batas Pambansa Blg. 1.

Revolving Fund (Section 14)
- The Administration is authorized to establish a Revolving Fund into which shall accrue revenues from operating and commercial transactions undertaken by the Administration.
- Such revenues shall be automatically appropriated to cover expenses incurred in such commercial operations, subject to pertinent budget compensation accounting, and audit law and regulations.

Domestic and Foreign Loans (Section 15)
- The Administration is authorized to borrow funds from domestic or foreign sources, subject to applicable laws and regulations and the approval of the Minister of Finance.

Grants/Contributions (Section 16)
- The Administration is authorized to accept and receive grants/contributions from private parties to be obligated and disbursed in a manner deemed best to accelerate the restoration or enhance the maintenance of historical facilities in Intramuros and contribute to their development and preservation.
- The Administration is likewise authorized to give grants and contributions to private parties for the restoration or maintenance of historical facilities in Intramuros.
- All grants and donations to the Intramuros Administration shall be exempt from donors and other taxes and shall be fully deductible, over and above what is ordinarily allowable under the national internal revenue code, for purposes of computing liabilities of the donor on income tax, estate tax, or gift or donor's tax on other donations.
- The value of donations in kind shall be determined in consultation with the Commissioner of Internal Revenue.

Repealing Clause (Section 17)
- P.D. No. 1537 and 1277 and other laws, Decrees, Acts, Letters of Instructions, Executive Orders, which are inconsistent with this Act, are hereby repealed or modified accordingly.

Separability Clause (Section 18)
- If any section or provision of this Decree is declared to be unconstitutional or invalid, other sections or provisions thereof which are not affected thereby, shall continue in full force and effect.

Effectivity (Section 19)
- This Decree shall take effect upon its approval.