Further Amending The Provisions Of Section One Hundred Twelve Or Commonwealth Act Numbered One Hundred Forty-One, As Amended By Presidential Decree Numbered Six Hundred Thirty-Five

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1361

FURTHER AMENDING THE PROVISIONS OF SECTION ONE HUNDRED TWELVE OR COMMONWEALTH ACT NUMBERED ONE HUNDRED FORTY-ONE, AS AMENDED BY PRESIDENTIAL DECREE NUMBERED SIX HUNDRED THIRTY-FIVE

WHEREAS, owners of lots acquired under the Public Land Law refuse to organize the construction of airport runways and terminal buildings as included among the undertakings to which their lots are subject to lieu in favor of the government, as provided for under Section 112 of Commonwealth Act No. 141, as amended by Presidential Decree No. 635;

WHEREAS, owners of such lots also refuse to acknowledge the temporary construction of structures or buildings needed by Resident or Project Engineers in the construction of highways and bridges as included in the lien;

WHEREAS, because of this refusal to recognize these undertakings as part of the lien, the constructions of airports and/or roads and bridges have become more expensive and have been unnecessarily delayed;

WHEREAS, to remedy this situation, it is imperative to further amend the provisions...

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Summary of Presidential Decree No. 1361

Amends Section 112 of Commonwealth Act No. 141, as amended by Presidential Decree No. 635:

• Subjects land to a right-of-way not exceeding 60 meters in width for:
    - Public highways (Sec. 1)
    - Railroads (Sec. 1)
    - Irrigation ditches (Sec. 1)
    - Aqueducts (Sec. 1)
    - Telegraph and telephone lines (Sec. 1)
    - Airport runways, including sites for terminal buildings and other government structures needed for full airport operation (Sec. 1)
    - Areas and sites for government buildings for Resident and/or Project Engineers needed in the prosecution of government infrastructure projects (Sec. 1)
    - Similar works as the Government or any public or quasi-public service or enterprise, including mining or forest concessionaires, may reasonably require for carrying on their business (Sec. 1)

• Allows for compensation for improvements only, not the land itself (Sec. 1)

• Authorizes government officials and representatives to take immediate possession of the portion of the property subject to the lien after due notice to owners, as soon as the need arises (Sec. 1)

• Provides for ownership reversion to title holders when:
    - The airport is abandoned (Sec. 1)
    - The infrastructure projects are completed and buildings used by project engineers are abandoned or dismantled (Sec. 1)

• Subjects the reverted properties to the same lien for future improvements (Sec. 1)

• Repeals or modifies all Acts inconsistent with this decree (Sec. 2)

• Takes effect immediately (Sec. 2)