Creating The Tondo Foreshore Development Authority, Defining Its Objectives Powers And Functions, Appropriating Funds Therefor And For Other Purposes
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Creating The Tondo Foreshore Development Authority, Defining Its Objectives Powers And Functions, Appropriating Funds Therefor And For Other Purposes
Presidential Decree No. 570
October 30, 1974
Case Overview and Summary
Summary of Presidential Decree No. 570Creation of the Tondo Foreshore Development Authority:
- The Tondo Foreshore Development Authority (the Authority) is created with a 50-year succession from the date of approval of this Decree. (Section 1)
- The Authority shall have general jurisdiction and control over all persons, corporations, firms or utilities within the Tondo Foreshore Area and its resettlement site. (Section 1)
Objectives and Purposes of the Authority:
- To undertake activities, businesses or development projects for establishing a harmonious, comprehensive, integrated and healthy living community in the Tondo Foreshore and its resettlement site. (Section 2a)
- To undertake and promote the physical and socio-economic amelioration of the Tondo Foreshore residents and the nation. (Section 2b)
- To encourage other organizations to adopt an integrated, comprehensive and healthy living community approach in dealing with slum, squatter and resettlement problems. (Section 2c)
Powers and Functions of the Authority:
- To develop and implement comprehensive and integrated urban renewal programs for the Tondo Foreshore and Dagat-dagatan lagoon and/or any other resettlement site, and formulate and enforce policies for its development. (Section 3a)
- To prescribe guidelines and standards for the reservation, conservation and utilization of public lands covering the Tondo Foreshore and its resettlement sites. (Section 3b)
- To construct, acquire, own, lease, operate and maintain infrastructure facilities, housing complexes, sites and services. (Section 3c)
- To determine, regulate and supervise the establishment and operation of housing, sites, services and commercial and industrial complexes within the Tondo Foreshore and its resettlement sites. (Section 3d)
- To undertake and develop, by itself or through joint ventures, all phases of development of the Tondo Foreshore and its resettlement sites. (Section 3e)
- To acquire and own property, property-rights and interests, and encumber or dispose of the same. (Section 3f)
- To invest its funds or assets in undertakings to carry out its purposes and objectives. (Section 3g)
- To receive donations, grants, bequests and assistance from international and local private foundations, associations or entities. (Section 3h)
- To establish subsidiary corporations and branch offices. (Section 3i)
- To implement and coordinate undertakings of selected projects and activities in the field of social and economic development within the Tondo Foreshore and its resettlement sites. (Section 3j)
- To sell, lease, or rent its properties and facilities within the Tondo Foreshore and its resettlement sites. (Section 3k)
- To fix, assess and collect charges and fees, including rental for the lease, use or occupancy of lands, buildings, structures, facilities and other properties owned and administered by the Authority. (Section 3l)
- To sue and be sued, to prepare its by-laws, and to adopt a seal. (Section 3m)
- To raise and/or borrow funds from local and international financing sources or institutions and to secure the same by any guarantee, pledge, mortgage, deed of trust or assignment of the property of corporation. (Section 3n)
- To enter into, make and execute contracts necessary or incidental to the accomplishment of its purposes and objectives. (Section 3o)
Board of Directors:
- The governing powers of the Authority shall be vested in and exercised by a Board of Directors composed of 6 ex-officio members and 1 Chairman appointed by the President. (Section 4)
- The members shall receive a monthly commutable allowance of P500 and per diem of P100 for every meeting attended, up to a maximum of P500 per month. (Section 4)
Functions and Duties of the Board of Directors:
- Formulate and adopt policies in accordance with the general plan of the urban development program for the Tondo Foreshore area and its resettlement site. (Section 5.1)
- Ordain and promulgate the rules and regulations governing the Authority, including its organization, meetings, officers, powers and duties, in a Code of By-laws. (Section 5.2)
- Establish necessary Committees under the Authority. (Section 5.3)
- Submit an annual report of the condition of the Authority to the President before the end of June each year. (Section 5.4)
Power to Issue Bonds:
- The Board of Directors may incur indebtedness or issue bonds to carry out the provisions of this Decree, subject to the affirmative vote of at least 5 members of the Board and approval by the President. (Section 6)
Sinking Fund:
- A sinking fund shall be established to redeem at maturity the bonds issued under this Decree, under the custody of the treasurer of the Authority. (Section 7)
Guarantee by the Government:
- The Republic of the Philippines guarantees the payment of both the principal and interest of the bonds, debentures, collaterals, notes or other obligations issued by the Authority. (Section 8)
Appropriation:
- A lump sum amount of P30,000,000.00 is appropriated for Fiscal Year 1975 to carry out the provisions of this Decree. (Section 9)
Eminent Domain:
- The Authority shall have the right and power to acquire properties by purchase, by negotiations or by condemnation proceedings for proper planning and implementation of rational land policy. (Section 10)
The Auditor:
- The Chairman of the Commission on Audit shall appoint a representative who shall be the auditor of the Authority, and the necessary personnel to assist the auditor. (Section 11)
Exemption from Civil Service Law:
- The officers and employees of the Authority shall not be subject to the Civil Service Law, rules and regulations and shall likewise be exempt from the rules and regulations of the Wage and Position Classification Office. (Section 12)
Supervision:
- The Authority shall be under the direct supervision of the Office of the President for purposes of policy direction and coordination. (Section 13)
Tax Exemption:
- The Authority shall be exempt from all forms of taxation and from all duties direct or indirect, imposed by the Government or any of its political subdivisions or instrumentalities. (Section 14)
- Any donation, contribution, bequest or financial aid made to the Authority shall be exempt from taxes of any kind and shall constitute allowable deductions in full from the income of the donors or givers for income tax purposes. (Section 14)
Transitory Provision:
- The properties, rights, obligations and liabilities of the Tondo Foreshore Urban Renewal Project shall be transferred to the Authority. (Section 15)
Repealing Clause:
- All laws, executive orders, administrative issuance, rules and regulations inconsistent with the foregoing provisions are hereby repealed or accordingly modified. (Section 16)
Separability Clause:
- The provisions of this Decree are declared separable, and if any provision is held invalid or unconstitutional, the remainder shall not be affected. (Section 17)
Effectivity:
- This Decree shall take effect immediately. (Section 18)
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Creating The Tondo Foreshore Development Authority, Defining Its Objectives Powers And Functions, Appropriating Funds Therefor And For Other Purposes
Presidential Decree No. 570
•October 30, 1974
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 570 October 30, 1974
CREATING THE TONDO FORESHORE DEVELOPMENT AUTHORITY, DEFINING ITS OBJECTIVES POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
WHEREAS, it is the declared policy of the State to establish human settlements to provide for a healthy living community and ensure the socio-economic development of the people;
WHEREAS, cognizant of the above policy, it has become imperative to resolve the slum and the squatter problems of the Tondo Foreshore area which exemplifies a social injustice incompatible with the goals of the New Society;
WHEREAS, a lasting solution to the Tondo Foreshore situation demands a comprehensive, integrated and harmonious development of the Tondo Foreshore area and its proposed resettlement site;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree the creation of the Tondo Foreshore Development Authority as follows:
Section 1. The Tondo Foreshore Development Authority hereinafter referred to as the Authority, shall be governed by...
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