70 OG No. 18, 3515 (May 6, 1974)

[ PRESIDENTIAL DECREE NO. 437, April 16, 1974 ]

REPEALING AND AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 5906, OTHERWISE KNOWN AS "THE CHARTER OF THE CITY OF PUERTO PRINCESA."

WHEREAS, under the second paragraph of Section 92, Republic
Act No. 5906, otherwise known as "The Charter of the City of PuertoPrincesa," the National Government has ceded to the City of PuertoPrincesa, the ownership and possession of all lands of the public domain within the City, and that under paragraph (uu), Section 15 of the sameAct, the City Council has the power to dispose of by lease or otherwiseall lands of the public domain ceded to it by the National Government;

WHEREAS, included in the lands of the public domain cededto the City are public forests and grazing lands which, by their natureand classification, are neither alienable nor disposable, and hence, the grant of "ownership" thereof to the City is of doubtfulconstitutionality;

WHEREAS, the City of Puerto Princesa does not have thenecessary administrative machinery to manage and dispose of the lands of the public domain and as a result the administration, management anddisposition of public lands within the City have been in a chaoticsituation;

WHEREAS, the grant of authority to the City to dispose of by lease or otherwise the public lands within the City has resulted in the proliferation of agencies administering public lands, which is notconducive to sound government administration, and has given rise,besides, to wasteful overlapping of functions; and

WHEREAS, to accelerate and insure the effective distribution of public lands for the benefit of legitimate occupants, claimantsand/or applicants within the City, it is necessary to return to theBureau of Lands all lands of the public domain within the City foradministration and disposition in accordance with the provisions ofCommonwealth Act No. 141, as amended, otherwise known as "The PublicLand Act," and other related land laws;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of theRepublic of the Philippines, by virtue of the powers in me vested by the Constitution, and pursuant to Proclamation No. 1081, dated September21, 1972, and General Order No. 1, dated September 22, 1972, do herebyorder and decree as follows:

SECTION 1. Paragraph (uu) of Section 15, Republic Act No.5906, is hereby repealed.

SEC. 2. Section 92 of the same Act is hereby amended bydeleting the second paragraph thereof and inserting, in lieu thereof, anew paragraph to read as follows:

"The disposition of all lands of the public domain within thecity shall be in accordance with the provisions of Commonwealth Act No.141, as amended, otherwise known as "The Public Land Act": Provided, That all incomes, receipts and profits derived from such dispositionshall accrue exclusively to the city notwithstanding any provision oflaw to the contrary."

SEC. 3. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of April, in theyear of Our Lord, nineteen hundred and seventy-four.

Source: Supreme Court E-Library