PRESIDENTIAL DECREE NO. 1361, April 26, 1978

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

Presidential Decrees April 26, 1978
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WHEREAS, owners of lots acquired under the Public Land Law
refuse to recognize the construction of airport runways and terminal buildings
as included among the undertakings to which their lots are subject to lien 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 of Section 112 of Commonwealth Act No. 141, as
amended by Presidential Decree No. 635;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do hereby
order and decree:

SECTION 1. Section 112 of Commonwealth Act No. 141, as
amended, is hereby further amended to read as follows:

“SECTION 112. Said land shall further be subject to a
right-of-way not exceeding sixty (60) meters in width for public highways,
railroads, irrigation ditches, aqueducts, telegraph and telephone lines,
airport runways, including sites necessary for terminal buildings and other
government structures needed for full operation of the airport, as well as areas
and sites for government buildings for Resident and/or Project Engineers needed
in the prosecution of government-infrastructure projects,
and 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, with damages for the improvements only.

Government officials charged with the prosecution of these projects or
their representatives are authorized to take immediate possession of the portion
of the property subject of the lien as soon as the need arises and after due
notice to the owners. It is however, understood that ownership over said
properties shall immediately revert to the title holders should the airport be
abandoned or when the infrastructure projects are completed and buildings used
by project engineers are abandoned or dismantled, but subject to the same lien
for future improvements.
“

SEC. 2. This decree shall take effect immediately. All acts
inconsistent with this decree are hereby repealed or modified accordingly.

Done in the City of Manila, this 26th day of April, in the year of Our Lord,
nineteen hundred and seventy-eight.

 

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

   

 

By the President:  
 
(Sgd.) JUAN C. TUVERA  
  Presidential Assistant