AUTHORIZING THE PHILIPPINE PORTS AUTHORITY (PPA) TO RECLAIM AND DEVELOP SUBMERGED AREAS VESTED IN THE PPA FOR PORT-RELATED PURPOSES

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WHEREAS, Article IV of Section 6 (b) x of Presidential Decree 857, series
of 1975, as amended, otherwise known as the Revised Charter of the Philippine
Ports Authority (PPA), granted the latter the power to reclaim, excavate,
enclose or raise any part of the lands vested in the Authority;

WHEREAS, under subsection (a)iv of the same section, PPA has the duty to
license, control, regulate and supervise any construction or structure within
any Port District;

WHEREAS, the substantial increase in domestic and international seaborne
trade requires the addition of facilities in identified major ports;

WHEREAS, due to limited available land areas, the expansion of these ports
necessitate the reclamation of the contiguous submerged areas;

WHEREAS, land reclamation and development projects are capital intensive requiring
huge financial outlays beyond the resources of the PPA;

WHEREAS, it is a declared government policy to encourage and harness
private sector participation in undertaking infrastructure projects vital to
economic development;

WHEREAS, proposals have been received from the private sector for the
reclamation and development of reclaimed areas for port-related purposes;

WHEREAS, Section 6 of RA No. 6957, otherwise known as the
Build-Operate-and-Transfer-Law, authorizes the grant of a portion or percentage
of the reclaimed land as a repayment scheme, subject to constitutional
requirements with respect to ownership of lands;

WHEREAS, Section 1 of Executive Order No. 525, series of 1979, requires all
reclamation projects of any government agency or entity authorized by its
charter shall be undertaken in consultation with the Public Estate Authority
(PEA) upon approval of the President;

NOW, THEREFORE, I, FIDEL V.
RAMOS, President of the Republic of the Philippines, by virtue of the
powers vested in me by law, do hereby authorize the Philippine Ports Authority
to reclaim and develop submerged areas vested in the PPA exclusively for
port-related purposes.

SECTION 1. Joint Venture Agreements. – Considering the
capital intensive nature of reclamation projects, PPA is authorized to
undertake said projects in conjunction with the private sector, in accordance
with existing laws.

SEC. 2. Consultation with PEA. – All reclamation projects
undertaken pursuant to this issuance shall be in consultation with PEA and
subject to the approval of the President.

SEC. 3. Issuance of Patents. – The Department of
Environment and Natural Resources (DENR), through the Land Management Bureau
(LMB) shall, after reclamation, conduct an actual survey of the reclaimed area
and thereafter issue the corresponding patent(s) in the name of the Philippine
Ports Authority, subject to private rights, if any.

SEC. 4. Administration Over Reclaimed Areas. – The
authority to administer, develop or dispose the land reclaimed pursuant to this
Order is hereby vested in the PPA, subject to the provisions of existing laws.

SEC. 5. Implementing Rules and Regulations. – The PPA, in
coordination with the proper agencies, is hereby directed to issue the rules
and regulations to implement this Order within thirty (30) days from the date
of issuance hereof.

SEC. 6. Repealing Clause. – All executive orders and
issuances inconsistent with this Order are hereby repealed, amended or modified
accordingly.

SEC. 7. Effectivity. This Executive Order shall take
effect immediately.

DONE in the City of Manila, this 17th day of July, in the year of Our
Lord, Nineteen Hundred and Ninety-Seven.

(Sgd.) FIDEL
V. RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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