AMENDING THE CHARTER OF THE INTRAMUROS ADMINISTRATION

WHEREAS, the restoration and development of In-tramuros is a
major historical project of the Government;

WHEREAS, there is a need to strengthen the In-tramuros
Administration to enable it to effectively implement its development Plan and to
carry out its other responsibilities in relation thereto;

WHEREAS, the implementation of the Development Plan for
Intramuros requires the joint effort of the government and the private
sectors;

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:

SECTION 1. Section 3 of P.D. No. 1616 is amended to read as
follows:

“SEC. 3. Functions and Powers.—The Administration
shall have the following functions and powers:

1. Formulate, coordinate and/or execute policies on the implementation of all
   the programs, projects and activities of the government affecting or relating to
   Intramuros;
2. Enter into contracts with any private person or entity or any government
   agency, either domestic or foreign, whenever necessary for the effective
   discharge of its functions and responsibilities under such terms and conditions
   as it may deem proper and reasonable;
3. Acquire through sale, expropriation or other means, and hold real and
   personal property as it deems necessary or convenient in the successful
   prosecution of its work, and lease, mortgage, sell alienate, or otherwise
   dispose of such personal and real property;
4. Receive, take and hold by bequest, device, donation, gift, purchase or
   lease, from foreign or domestic sources, either absolutely or in trust for any
   of its purposes, any asset, grant or property, real or personal, subject to such
   limitations as are provided in existing laws and regulations; to convey
   such assets, grant or property; invest and reinvest the same and deal with and
   expand its assets and income in such manner as will best promote its objectives;

5. Initiate, plan, undertake and supervise the restoration, upkeep and
   maintenance of the Intramuros Walls, including the ravelins, moat, Sunken Garden
   and public places or areas, plazas, streets and other government owned or
   managed properties situated within Intramuros;
6. Prepare, adopt, revise and enforce such rules and regulations, implementing
   guidelines and standards as are necessary for the effective regulation of the
   land use and development activities in Intramuros of both the government and
   private entities and for the implementation of the Intramuros Plan, including,
   but not limited to development rules and regulations pertaining to the
   following:
   1. 1. Land use allocation, use of buildings, their height, dimensions,
      architectural style and designs and other specifications of the building
      construction to be undertaken therein;
   2. Traffic management, street usage and other related matters;
   3. Size and character of display signs, advertising billboards, and other
      external signs and advertisements in buildings, in open spaces lots or roads;
   4. Supervision and control of all activities involving archaeological diggings,
      excavations and exploration within Intramuros including the use, disposition,
      registration and maintenance of archaeological findings and
      discoveries;
7. Expropriate properties within Intramuros;
8. Sponsor, conduct, or otherwise assist and support festivals and cultural
   activities in Intramuros, and charge and collect admission fees to the restored
   Gates and other attractions operated by the Administration;
9. Give grants, contributions and donations for the restoration, repair or
   maintenance of historic structures in Intramuros, including San Agustin Church,
   and of structures outside of Intramuros which are of similar nature and
   character as those which existed in
   Intramuros, for the conduct of
   historical, architectural, archaeological and other research, and for other
   purposes in furtherance of its objectives;
10. Prescribe and collect reasonable amounts to be charged as filing fees,
    inspection fees, permit fees, and other administrative or service fees necessary
    for the effective
    enforcement of its laws and regulatory measures, to be
    used and disbursed by it in the manner determined by it to promote its
    objectives;
11. Exercise all powers necessary or incidental to the attainment of the
    objectives of this Decree.”

SEC. 2. Section 4 of P.O. No. 1616 is hereby amended to read
as follows:

“SEC. 4. Transfer of Administration and
Properties—

The ownership of the properties of national government agencies located
within Intramuros shall, upon agreement with the agencies concerned, be
transferred to the Administration. The properties of government corporations, on
the other hand, shall, subject to mutually acceptable terms and conditions, be
sold to the Administration. In the case of government financial institutions
sale to the Administration of their properties shall also include acquired
assets located within Intramuros.

The administration of Fort Santiago, the Sunken Garden, the Municipal Golf
Links, including concessions within the Sunken Garden and elsewhere on public
land and other public properties in Intramuros, are hereby transferred to the
Administration, without prejudice to the operation of the Municipal Golf Links
by the City of Manila or other organization as may be approved.

All proposed transactions affecting private properties within Intramuros
shall be registered with the Administration. The Administration shall, in the
case of sale, have the right of first refusal.

SEC. 3. A new Section 7 is hereby inserted between Sections
6 and 7 of P.D. No. 1616 as follows:

“SEC. 7. Local Clearance, Construction and other
Permits—

All locational clearances and construction permits for the development of
lands, introduction of improvements, and the use, change of use, construction,
repair, alteration or reconstruction of buildings within Intramuros and other
forms of permits such as for excavations or archaeological diggings shall be
issued by the Administration on the basis of the approved Intramuros Development
Plan, its architectural development standards and other implementing rules and
regulations. The Administration may seek the assistance of Manila and Metro
Manila offices insofar as the minimum standards of safety of buildings,
electrical, plumbing and drainage requirements are concerned.

No structure, including stone walls, fences, light or other fixtures, steps
and paving shall be erected, altered, restored, moved or demolished within
Intramuros without the Administration’s Certificate of Appropriateness as to
external architectural features and its congruity with the historic district,
including style, general design and arrangement, types of windows, doors, light
and other fixtures and signs, material and location of advertisements and bill
posters.

The provisions of P.D. No. 1096, otherwise known as the National Building
Code and other related laws which are not inconsistent with this Decree and the
rules and regulations promulgated by the Administration shall have a suppletory
effect to this law and to the development control regulations promulgated by the
Administration.

Section 7 of P.D. No. 1616 is hereby renumbered as Section 8 and the rest of
the Sections are correspondingly renumbered.

SEC. 4. Section 7 of P.D. No. 1616 is hereby renumbered as
Section 8 and amended as follows:

“SEC. 8. Building Modifications.—The Administration
shall, after a transitory period fixed by it and approved by the President
(Prime Minister), require in its rules and regulations the owners of existing
buildings and structures within Intramuros to modify their architectural
structure and design in order to conform to the design and architectural
standards adopted by the Administration: Provided, That subject to the
availability of funds, the Administration may utilize its funds to undertake the
modification of existing buildings, whether publicly or privately owned, with or
without the requirement of reimbursement by the owner, depending on mutually
acceptable terms and conditions so as to modify their external appearance to
comply with approved structure and designs; and Provided, Further, That no
changes in the facade or external appearance of any existing buildings and
structure in Intramuros, including ruins, shall be made without the approval of
the Administration.

Owners, lessees or other persons with any interest in the property who
voluntarily undertake at their own expense the modification of buildings and
structures in Intramuros to conform to the architectural design standards of the
Administration shall qualify to apply for the incentives, financial assistance
and grants to be provided for in a program of incentives of the
Administration.”

SEC. 5. Section 8 of P.D. No. 1616 is hereby renumbered as
Section 9 and amended to read as follows:

“SEC. 9. Maintenance of Roads and other Utilities and
Services—

The budgetary allocation for the maintenance of national and local roads and
the provision and maintenance of other public utilities and services such as
water and electricity within Intramuros shall be released to the Administration,
which shall undertake such services directly or by arrangement with the
appropriate Ministry, the City of Manila, or with private parties capable of
undertaking the work, subject to applicable government rules and
regulations.”

SEC. 6. Section 9 of P.D. No. 1616 is hereby renumbered as
Section 10 and amended to read as follows:

SEC. 10. Traffic Management—
The Administration
shall control the nature, volume and schedule of traffic, parking and the access
of private and public vehicles into Intramuros. For this purpose, the
Administration shall prepare the appropriate traffic plan and the implementing
rules and regulations thereto. Furthermore, review and approval of public
transportation routes going through Intramuros shall be subject to the
concurrence of the Administration.”

SEC. 7. Section 12 of P.D. No. 1616 is hereby renumbered as
Section 13 and amended to read as follows:

SEC. 13. Investment Incentives—
The
Administration, in consultation with the Minister of Industry or the Minister of
Tourism as the case may be and subject to the approval of the President (Prime
Minister), may extend investment incentives and other forms of incentives for
industries and enterprises established in Intramuros in accordance with the
Intramuros Development Plan: Provided, That the industries to be
allowed to operate in Intramuros shall be limited to those that are consistent
and compatible with the historical character of Intramuros and shall furthermore
not be the source of air, noise, water or other types of
pollution.”

SEC. 8. Section 16 of P.D. No. 1616 is hereby renumbered as
Section 17 and amended to read as follows:

“SEC. 17. Grants, Contributions and
Donations—

1. The Administration is authorized to accept and receive grants, contributions
   and donations from domestic and foreign sources, government or private. These
   may be obligated and disbursed or used in such manner as the Administration may,
   in the exercise of sound discretion, deem best to promote and accelerate the
   restoration program or enhance the maintenance of historical structures and
   facilities in Intramuros, or contribute to their development and preservation,
   or otherwise attain the objectives of the Administration.
2. All grants and donations to the Administration shall be exempt from donors
   and all other taxes that are or may be imposed by the government in case of
   donations and shall be fully deductible for income tax purposes. All monetary
   contributions and the equivalent monetary value of works of art, antiques,
   manuscripts, books or other articles of cultural, historical or scientific
   significance donated to the Administration shall be tax exempt and deductible
   from the taxable income of the donor.
3. Donations mortis causa of art objects, antiques, treasures and relics,
   historical houses or parts thereof or similar properties made to the
   Administration shall be excluded in the determination of the net estate of the
   donor. Furthermore, the full value of the donation shall be credited for
   purposes of paying estate taxes due from the estate of the decedent.
   Provided that the value of donation shall be subject to the joint
   approval of the Administration and the Bureau of Internal Revenue.”

SEC. 9. Six new sections are inserted between Section 16,
heretofore renumbered as Section 17, and Section 17, renumbered as Section 15,
of P.D. No. 1616, as follows:

“SEC. 18. Eminent Domain—
The Administration
shall be exempt from the payment of documentary stamp tax, registration fees and
other taxes, dues and fees incidental to the issuance of title to it of property
acquired by it through sale or expropriation. Should expropriation proceedings
be resorted to, the Administration shall likewise be exempt from all court fees.
Said expropriation proceedings may be maintained by and in the name of the
Administration and it may proceed in the manner provided by law.

“SEC. 19. Effectivity of Decisions of the
Administration—
Any decision, order or ruling by the Administration in
any application, complaint or issue filed or brought before it shall become
final and executory after the lapse of fifteen (15) days from its receipt by the
affected party. It is appealable only to the President of the Philippines whose
decision shall be final.”

“SEC. 20. Rule Making
Functions—
The Administration shall promulgate such rules and
regulations as may be necessary to implement this Decree and to enforce the
policies, orders and resolutions of the Administration. These rules and
regulations shall be signed and promulgated by the Board and shall take effect
fifteen (15) days after its promulgation once in at least two newspapers of
general circulation.”

“SEC. 21. Visitorial Powers—The Administration,
through its authorized officer or representative shall have the power to conduct
an ocular inspection of any ongoing construction or existing building or
structure to determine whether the development or activity conforms to the use,
standards and specifications prescribed by the government. Any violation of such
specifications provided for in its rules and regulations shall be dealt with in
the section dealing with penalties.”

“SEC. 22. Authority to Organize Inter-Agency
Committees—
The Administration or its designated representative is
hereby authorized to organize and convene an interagency committee or committees
with representatives coming from the appropriate government agencies and private
entities to serve as consultative or recommendatory bodies on such matters as
the Administration may deem necessary to be referred to it.”

“SEC. 23. Deputization of Officials—
The
Administration may deputize any official or agency of the government to perform
any of its specific functions or activities.”

“SEC. 24. Penalties—

1. Any person or establishment who violates any provision of this Decree, or
   any policy, order, decision, ruling or regulation of the Administration shall be
   subject to a penalty to be imposed by the appropriate court ranging from a fine
   of One Thousand Pesos (P1,000.00) to Fifty Thousand Pesos (P50,000.00) or
   imprisonment of not exceeding six years or both at the discretion of the court.
   This shall be without prejudice to any administrative fines and penalties that
   the Administration may prescribe in its rules and regulations, including the
   revocation or cancellation of locational or construction permit and the
   suspension of construction and/or the demolition of the illegal construction.
2. The Administration is hereby authorized to impose a fine not exceeding
   Thirty Thousand Pesos (P30,000.00) for violation of this Decree or any of the
   policies, orders, rules and regulations promulgated by it or any of the terms
   and conditions provided for in the permit or license granted by it. It may
   furthermore, after due notice has been given, consider any violation as a
   continuing one and subject to a daily penalty for as long as the illegal act or
   condition exists.
3. The Administration may, furthermore, in the enforcement of its decisions and
   in the exercise of its regulatory functions secure the assistance of or deputize
   the appropriate enforcing officials, such as the building official of the City
   of Manila and other local police officers. It may, when the need arises,
   establish its own enforcement arm or demolition team to strengthen its
   enforcement powers.”

Sections 17, 18 and 19 of P.D. No. 1616 are hereby renumbered as Sections 25,
26 and 27.

SEC. 10. Section 17 of P.D. No. 1616 which is renumbered as
Section 25 is hereby amended to read as follows:

“SEC. 25. Effects of Laws, Decrees and
Ordinances—
All existing laws, decrees, Acts, Letters of Instruction,
Executive Orders, city and metropolitan Ordinances and/or portions thereof which
are inconsistent or in conflict with this Act and the approved Development Plan
of Intramuros including its implementing rules and regulations shall be
considered modified accordingly. In the case of future laws, they must expressly
provide for the repeal or amendment of the charter or of specified provisions of
the charter of the Administration or its rules and
regulations.”

SEC. 11. Section 19 of P.D. No. 1616, renumbered as Section
27 shall read as follows:

“SEC. 27. Effectivity─

This Decree shall take effect immediately.

Done in the City of Manila, this 10th day of December, in the year of Our
Lord, nineteen hundred and eighty.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JUAN C. TUVERA
		Presidential Assistant