PRESIDENTIAL DECREE NO. 35, October 31, 1972

AMENDING REPUBLIC ACT NUMBERED FIFTY-FOUR HUNDRED AND NINETY-NINE, ENTITLED “AN ACT AUTHORIZING THE CONSTRUCTION OF THE UPPER PAMPANGA RIVER PROJECT, PROVIDING FOR THE FINANCING…

Presidential Decrees October 31, 1972



WHEREAS, there were pending before Congress prior to
the promulgation of Proclamation No. 1081, dated September 21, 1972,
certain priority measures vital to the national development program of
the Government, and which were duly certified by the President as urgent
measures;

WHEREAS, one of these priority measures is a
proposed amendment to Republic Act No. 5499, entitled “An Act
Authorizing the Construction of the Upper Pampanga River Project,
providing for the financing thereof and for other purposes”;

WHEREAS, there is a need to grant authority to the
National Irrigation Administration to undertake studies for bankable
proposals to extend the benefits of the Upper Pampanga River Project to
the Provinces of Pangasinan, Tarlac, Pampanga and Bulacan by harnessing
tributaries of the Pampanga River, ground water resources and other
river basins; and

WHEREAS, to achieve this end, and in order to
alleviate the plight of the inhabitants who will be adversely affected
by reservoir inundation of the Project, including the construction of
this multi-purpose development project, additional funds need to be
appropriated for lending to the displaced inhabitants, and the National
Irrigation Administration (NIA) should be authorized to administer such
loans;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines, by virtue of the powers vested in me by the
Constitution as Commander-in-Chief of all the Armed Forces of the
Philippines and pursuant to Proclamation Order No. 1081, dated September
21, 1972, and General Order No. 1, dated September 22, 1972, as
amended, do hereby adopt and make as part of the law of the land the
following amendments to Republic Act No. 5499:

SECTION 1. Section one of Republic Act Numbered
Fifty-four hundred and ninety-nine is hereby amended to read as follows:

“SECTION. 1. The construction of the Upper
Pampanga River Project (hereinafter referred to as the ‘Project’, is
hereby authorized for the purpose of furnishing water for irrigation,
generating electric power and energy, regulating floods, providing water
supply, and for other related uses. The Project shall include the
preparation of feasibility studies which shall be undertaken with the
end in view of extending its benefits to the Provinces of Pangasinan,
Tarlac, Pampanga and Bulacan, by harnessing tributaries of the Pampanga
River, ground water sources, and other river basins.” SEC. 2. Section
four of the same Act is hereby amended to read as follows: “SEC. 4.
There is hereby appropriated for the National Irrigation Administration,
out of any funds in the National Treasury not otherwise appropriated,
the sum of Four hundred million pesos to finance the local currency
costs of the Project. This amount shall be released to the National
Irrigation Administration in the following manner:

“Nine Million pesos in the fiscal year nineteen hundred sixty-nine
to nineteen hundred seventy;

“Thirty-one Million pesos in the fiscal year nineteen hundred
seventy to nineteen hundred seventy-one;

“Eighty Million pesos in the fiscal year nineteen hundred
seventy-one to nineteen hundred seventy-two;

“One hundred twenty Million pesos in the fiscal year nineteen
hundred seventy-two to nineteen hundred seventy-three;

“One hundred Million pesos in the fiscal year nineteen hundred
seventy-three to nineteen hundred seventy-four; and

“Sixty Million pesos in the fiscal year nineteen hundred
seventy-four to nineteen hundred seventy-five;

Provided, That notwithstanding the above schedule,
releases in a given fiscal year shall be adjusted in accordance with the
actual requirements of the project for said fiscal year: Provided,
further,
That releases from the general fund in a given fiscal year
may be reduced to the extent that funds shall have been made actually
available in-such year for the Project from the proceeds of bonds issued
by the Republic of the Philippines under the provisions of Republic Act
Numbered Forty-eight hundred and sixty-one which proceeds from bond
issues are hereby appropriated for the project, any provisions of law to
the contrary notwithstanding.”

SEC. 3. The same Act is further amended by inserting
between Sections seven and eight thereof a new section which shall read
as follows:

“SEC. 7-A. So much as may be necessary but not to
exceed twenty million pesos of the four hundred million pesos herein
appropriated shall be used for loans to the inhabitants who will be
moved out of the reservoir for housing, subsistence, farm development,
farm implements, work animals and for such other purposes as may be
necessary to effect just and equitable treatment of the inhabitants so
resettled: Provided, That such loans shall be administered by
the NIA and be repaid within a period of fifteen years without interest.
The Administrator of the National Irrigation Administration shall
prescribe and promulgate rules and regulations to implement and give
effect to this provision of the Act within ninety days from the approval
hereof.”

SEC. 4. This Act shall take effect immediately.

Done in the City of Manila, this 31st day of October, in the year of
Our Lord, nineteen hundred and seventy-two.

 

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

   

 

By the President:  
 
(Sgd.) ALEJANDRO MELCHOR  

  Executive Secretary