Creating The Public Estates Authority, Defining Its Powers And Functions, Providing Funds Therefore And For Other Purposes
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Creating The Public Estates Authority, Defining Its Powers And Functions, Providing Funds Therefore And For Other Purposes
Presidential Decree No. 1084
February 4, 1977
Case Overview and Summary
Summary of Presidential Decree No. 1084 - Charter of the Public Estates AuthorityDeclaration of Policy (Section 2):
- Provide coordinated, economical, and efficient reclamation of lands and administration of government lands to maximize utilization and hasten development.
Creation and Purpose (Sections 3-4):
- Creates the Public Estates Authority as a body corporate with perpetual succession.
- Purposes:
- Reclaim land, including foreshore and submerged areas. (Section 4a)
- Develop, improve, acquire, administer, subdivide, dispose, lease and sell government lands and real property. (Section 4b)
- Provide services for efficient utilization of such properties. (Section 4c)
Powers and Functions (Section 5):
- Prescribe by-laws. (Section 5a)
- Sue and be sued, adopt and use a seal. (Sections 5b-c)
- Deal in buildings and construct necessary facilities. (Sections 5d-h)
- Hold public domain lands in excess of statutory limits for private corporations. (Section 5i)
- Construct works across streams, streets, railways, etc. with right-of-way. (Section 5j)
- Issue regulations and collect fees/tolls for use of its properties. (Section 5k)
- Organize subsidiary companies. (Section 5l)
- Enter into contracts, including loan agreements and mortgages. (Section 5m)
- Exercise eminent domain with title taken in the name of the Republic. (Section 5n)
- Promulgate rules and regulations with penalties. (Section 5p)
Governing Body and Management (Sections 6-8):
- Governed by a Board of 5 members (Chairman and 4 members) appointed by the President for 3-year terms. (Section 6)
- General Manager appointed by the President as Chief Executive. (Section 6)
- General Manager's duties include acting as Chief Executive, executing policies, supervising operations, and representing the Authority. (Section 8)
Capital Stock and Funding (Sections 7, 9, 15):
- Authorized capital stock of 3,000,000 no par value shares.
- 2,000,000 shares subscribed by the Republic through transfer of rights and P5,000,000 cash. (Section 7a)
- Remaining 1,000,000 shares may be subscribed by the Republic or government financial institutions. (Section 7b)
- Authorized to issue bonds or securities, which may be government-guaranteed, to finance operations. (Section 9)
- P5,000,000 appropriated from National Treasury as partial payment for Republic's subscription. (Section 15)
Auditing, Personnel, and Reporting (Sections 10-11, 14):
- Commission on Audit to appoint an Auditor and personnel. (Section 10)
- Board to appoint officers and employees, fix compensation, and maintain a merit system. (Section 11)
- Submit annual report to the President within 3 months after fiscal year end and other periodic reports. (Section 14)
Loans and Guarantees (Sections 12-13):
- Authorized to contract loans, credits, and indebtedness from foreign governments, institutions, or entities with Presidential approval. (Section 12)
- Government financial institutions empowered to guarantee the Authority's transactions and obligations. (Section 13)
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Creating The Public Estates Authority, Defining Its Powers And Functions, Providing Funds Therefore And For Other Purposes
Presidential Decree No. 1084
•February 4, 1977
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1084
CREATING THE PUBLIC ESTATES AUTHORITY, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES
WHEREAS, there is a need to provide a coordinated, economical and efficient administration of lands and real estate, especially reclaimed lands, belonging to, managed and/or operated by the government;
WHEREAS, a government-owned and/or controlled entity organized for the purpose is necessary;
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:
Section 1. Short title. This decree shall be known as the Charter of the Public Estates Authority.
Section 2. Declaration of policy. It is the declared policy of the State to provide for a coordinated, economical and efficient reclamation of lands, and the administration and operation of lands belonging to, managed and/or operated by the government, with the object of maximizing their utilization and hastening their development consistent with the public interest.
Section 3. Creation, name, domicile and terms. There is...
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