Full Title
AN ACT PROVIDING FOR THE SUBDIVISION OF THE TONDO FORESHORE LAND INTO LOTS AND THE SALE OF SAID LOTS TO THEIR LESSEES OR TO BONAFIDE OCCUPANTS OF SAID LAND, AND FOR OTHER PURPOSES.
Senate Bill No.
S. No. 486
House Bill No.
H. No. 5738
Date of Approval
June 16, 1956

Other Details

Issuance Category
Legislative Issuance Type
Bill Note

Official Gazette

Official Gazette Source
Official Gazette vol. 52 no. 11 page 5036 (9/15/1956)

Full Text of Issuance

71 OG No. 46, 7731 (November 17, 1975)

[ PRESIDENTIAL DECREE NO. 814, October 17, 1975 ]

PRESCRIBING THE LAND TENURE SYSTEM FOR THE TONDO FORESHORE AND DAGAT-DAGATAN URBAN DEVELOPMENT PROJECT.

WHEREAS, the government recognizes the need to rationalize
the use of land particularly in urban areas to insure its optimum
utilization for the welfare of the greatest number of people;

WHEREAS, it is the declared policy of government to promote
the well being of the people by undertaking a program of development
which shall establish communities where people can live with dignity in
healthful environmental conditions;

WHEREAS, the Tondo Foreshore is the largest squatter and
slum colony in the Greater Manila Area where people live in substandard
conditions incompatible with the goals of the New Society;

WHEREAS, the government is determined to improve the quality
of life of the people in the Tondo Foreshore by preparing and
implementing a realistic, comprehensive, and integrated plan for its
development;

WHEREAS, the government is aware that the land issue is
central in the Tondo Foreshore Project whose resolution shall provide a
meaningful and lasting solution to the situation in the project area;

WHEREAS, Republic Act 1597, as amended, and other related
laws specifically governing land use in the Tondo Foreshore Area have
been found unrealistic and inadequate to bring about a harmonious,
meaningful and lasting solution to the squatter and slums problem long
obtaining in the Tondo Foreshore area;

WHEREAS, the Tondo Foreshore Development Authority, and its
legal successor, the National Housing Authority, have prepared a master
plan for the Tondo Foreshore which provides for the upgrading of sites
and services in the Tondo Foreshore and the development of Dagat-dagatan
into a resettlement area with residential, commercial, and industrial
components, the whole project now known as the Tondo Foreshore and
Dagat-dagatan Urban Development Project;

WHEREAS, there is a need to prescribe a new and reaistic
land tenure system for the Tondo Foreshore area and Dagat-dagatan
resettlement site in order to effect the proper implementation of the
physical and socio-economic development program therein;

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 the following:

SECTION 1. The Tondo Foreshore and Dagat-dagatan Urban
Development Project

The Tondo Foreshore and Dagat-dagatan Urban Development Project,
hereinunder referred to as the "Project" for which the land tenure
system prescribed by this Decree is applicable, shall comprise the Tondo
Foreshore, Vitas, Dagat-dagatan and its adjacent areas which have been
designated as "Planned Areas for New Development (PLAND)" with specific
technical boundaries under Letter of Instruction 299 dated 29 July 1975
and over which the Tondo Foreshore Development Authority and its
successor, the National Housing Authority hereinafter referred to as the
"Authority", have general jurisdiction and control.

SEC. 2.
Land Tenure System

The Land Tenure System prescribed for the Project shall consist
of two modes of residential land ownership and disposition, to wit:

  1. Freehold with restrictions

    Freehold with restrictions will be applied only to titled lots and
    claims with "vested rights" such as those with final Deeds of Sale,
    Agreements to sell, and other legal claims which may be honored by the
    Authority, provided, however, that owners of these legal rights may opt
    for leasehold with option to purchase arrangement.

  2. Leasehold with or without the option to purchase

    Leasehold with option to purchase shall be applied to those lands
    which are untitled, vacant, unclaimed and without vested rights.

SEC. 3. Citizens' Committee

For the purposes of this Decree, a Citizens' Committee
consisting of five (5) members shall be formed in each barangay within
the Project Area to perform the following functions:

  1. Process request for transfer of residential land rights and
    sub-letting of dwelling units and structure within the Project Area
    based on policies, rules and regulations of the Authority.
  2. Submit to the Authority recommendations on such transfers and
    sub-letting for review and approval.

The Barangay Chairman in each barangay shall automatically be a
member of the Citizens' Committee. The four (4) other members shall be
elected for a term of one (1) year by the members of the barangay in a
general meeting. The Authority in coordination with other government
entities, specifically the Department of Local Government and Community
Development shall prescribe and implement the necessary rules and
regulations for the conduct of the barangay election. The members of the
Citizens' Committee shall elect from among themselves a Chairman who
shall convene the Committee to discuss business on hand.

SEC. 4.
Freehold with Restrictions

The sale and/or disposition of
land in the Project Area shall be subject to the following conditions:

  1. Except by hereditary succession, land under freehold right shall
    not be transferred, alienated, conveyed, or otherwise disposed of by any
    mode to any person who does not meet the criteria (based on income,
    multiple ownership, conformance to law, etc.) to be set by the Authority
    and implemented by Citizens' Committee to be created under Section 9 of
    this decree whose recommendation on land transfer shall be subject to
    review and approval by the Authority.
  2. The use, occupancy, and development of land shall be subject to
    the general regulations and control of the Authority according to its
    approved development plan.
  3. Freehold land with the Project shall be assessed a fee covering
    development cost which fee shall be amortized on a perpetual basis.

SEC. 5. Leasehold with or without the Option to Purchase

The lease of land with option to purchase shall be subject to the
following conditions:

  1. Lease grants will be for a period of 25 years renewable for
    another 25 years at the option of the lessee. Anytime after a period of
    five years of continuous occupancy, and at the option of the lessee, the
    lessee may purchase the land at market value assessed at the time the
    application to purchase is submitted to the Authority. A specified
    percentage of the lease payments made up to the time of purchase shall
    be credited against the purchase price. After full payment, the
    leassee shall own the land with the restrictions provided for in Section
    4 hereof annotated in the certificate of ownership and, the land tenure
    arrangement reverts to freehold with restrictions. The Authority
    shall determine the lease amount which shall cover all development costs
    and may contain a provision for a specified gradual increase over time.
  2. The conditions imposed on the sale of land in the Project are
    likewise applicable on the lease of land. However, lease rights
    may be transferred or sold to another person any price agreed upon by
    the lessee and the transferee, provided that the Citizen's Committee
    shall approve the transfer and determine the qualifications of the
    transferee according to a prescribed criteria, whose recommendation
    shall be subject to review and approval by the Authority.

The rules and regulations to implement leasehold without option to
purchase shall be prescribed by the Authority, provided that in its
implementation the Citizen's Committee shall exercise its recommendatory
powers specified in Section 3 of this decree subject to review and
approval by the Authority.

SEC. 6. Sub-letting of
Dwelling Units and Structures

Sub-letting of dwelling units
and structures on lands under freehold and leasehold shall be subject to
recommendation of the Citizen's Committee and approval of the
Authority. It is understood that the Authority will not unreasonably
withhold the approval of transfer of land to persons qualified under
criteria referred to in Section 4.

SEC. 7. Commercial and Industrial lands

Commercial and Industrial lands shall be disposed of by sale
and/or lease. The conditions of sale and lease shall be prescribed and
implemented by the Authority.

SEC. 8. Payment of real property taxes

All lessees and holders of freehold titles shall pay normal real
property taxes to the local government in return for normal service
from the latter.

SEC. 9. Implementation and Administration

The Authority shall implement and administer the land tenure
system in the project.

SEC. 10. Repealing Clause

Any provision of law, decree, executive orders, ordinances,
rules and regulations inconsistent herewith are hereby repealed, amended
and modified accordingly.

SEC. 11. Separability Clause

If for any reason, any section or provision of this Decree is
declared to be unconstitutional or invalid, the other sections or
provisions hereof, which are not affected thereby shall continue in full
force and effect.

SEC. 12. Effectivity This Decree shall take effect
immediately.

Done in the City of Manila, this 17th day of October, in the
year of Our Lord, nineteen hundred and seventy-five.

   
   
  (Sgd.)   FERDINAND E. MARCOS
  President  
      Republic of the Philippines

 

By the President:  
     
(Sgd.)   ROBERTO V. REYES  
Acting Executive Secretary    

Source: Supreme Court E-Library