PRESIDENTIAL DECREE NO. 274, August 18, 1973

PERTAINING TO THE PRESERVATION, BEAUTIFICATION, IMPROVEMENT AND GAINFUL UTILIZATION OF THE PASIG RIVER, PROVIDING FOR THE REGULATION AND CONTROL OF POLLUTION OF THE RIVER AND IT…

Presidential Decrees August 18, 1973



WHEREAS, it has become imperative to prevent the further
deterioration of the Pasig River which has resulted due to the indiscriminate
disposal of wastes into the river, due to the lack of proper maintenance and due
to the inadequacy of systems of control over the use of the waterways of the
river:

WHEREAS, the innate beauty and aesthetic qualities of the
Pasig River and its banks remain overshadowed and consequently untapped on
account of the continued existence of obstructions and eyesores right along the
river and its banks;

WHEREAS, by bringing out its natural and potential beauty
through the cleansing of its waters of the clutters of wastes and debris
likewise by ridding it of the pollutants that surround it, the Pasig River could
become a major tourist attraction, providing a significant source of foreign
exchange earnings for the country;

WHEREAS, the Pasig River holds a strong influence on the
socio-economic development of the areas around it and that to date this
recognized potential has not yet been tapped; and

WHEREAS, the current thrusts of development point to the
need to tap the talent resources of the river by improving the carrying
characteristics of its waterways and properly controlling its use as drainage
and navigational channel to make it a major thoroughfare for maritime transport
;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the authority vested in me as Commander-in-Chief of
all the Armed Forces of the Philippines and pursuant to Proclamation No. 1081,
dated September 21, 1972, as amended, do hereby order and decree:

SECTION 1. The Immediate Implementation of the Pasig
River Development Program.
— This shall be a joint undertaking of the
public and private sectors for the primary purpose of developing the Pasig River
and its environs within a minimum period of three years to achieve maximum
social, economic, and environmental benefits. The developments shall include
projects along public works activities like drainage, navigation, tourism, and
recreational activities, low and medium cost housing, parks, small-scale
industries, and land easements along the river banks.

SEC. 2. Incentives to be Granted. — In order to
effect the accelerated, complete and successful implementation of the program
and the attainment of its objectives, the following incentives are hereby
provided:

  1. To those industries undertaking the necessary measures to control pollution
    in the area and to those agencies involved in low and medium cost housing,
    parks, small-scale industries and land easements along the river banks, all
    duties paid on anti-pollution devices and equipment of the agencies involved in
    activities under the program shall be reimbursed by the Government.
    Provided also that all expenses inclusive of research shall be allowed
    as deductible items from the taxable income of these industries and agencies.
  2. To those industries/persons whose activities will enhance the utilization of
    Pasig River and its environs for tourism purposes, (c. g., regatta activities,
    floating restaurants, etc.) the same incentives as those provided in
    (a) above shall hold. Provided in addition, that other provisions
    governing Incentives Law on Tourism Priorities Plan of the National Government
    shall also apply.

SEC. 3. Police Powers. — The Government shall in
the course of implementing the Pasig River Development Program be clothed with
the following specific police powers in addition to existing police powers
presently enjoyed by the National Government:

  1. To impose levies in the form of local tax on all industrial and commercial
    users of the Pasig River proper and its tributaries as well as the esteros
    branching from and draining into the Pasig River.
  2. To institute penal actions on any person or legal entity committing acts or
    omissions in violation of the rules and regulations promulgated by the National
    Government as exemplified and enumerated under Section 6 of Republic Act 3931
    otherwise known as the Pollution Control Law and as implemented by the National
    Water and Air Pollution Control Commission, specifically the rules and
    regulations relevant to the Pasig River Development Program. It is hereby
    provided that in cases of persons who are convicted by the appropriate
    courts, a maximum fine of P10,000 and/or imprisonment from six to twelve years
    or both shall be imposed at the discretion of the court. It is further
    provided that in case of acts or omissions committed by other legal or
    juridical entities the manager thereof shall be held liable, with an accessory
    penalty of suspension for a reasonable period of time of its permit to operate
    for the first offense, and the cancellation of the permit to operate for the
    second offense.

SEC. 4. Appropriation. — Upon approval of the
President, a Trust Fund Account shall be created to finance the Pasig River
Development Program and other river works projects of the National Government to
be deposited in the National Treasury which shall be generated from the
following sources:

  1. Proceeds from levies (in the form of local taxes) on industrial and
    commercial users as provided in Section 3 of this Decree;
  2. Fund releases from appropriations under the Infrastructure Program:
    Provided, That for FY 1974 P7 million shall be appropriated for the
    Pasig River Development Program from the Infrastructure Program Allocation for
    Miscellaneous Public Works: Provided, further. That a minimum of P7
    million shall be annually appropriated in the Regular Infrastructure Program for
    the succeeding Fiscal Years as continuing appropriations; and
  3. Fund releases from other appropriation as prescribed and authorized by the
    President or his duly authorized representative.

SEC. 5. All previous laws, decrees, orders, directives and
memoranda issued inconsistent with the above are hereby revoked.

SEC. 6. This Decree shall take effect immediately.

Done in the City of Manila, this 18th day of August, in the year of Our Lord,
nineteen hundred and seventy-three.

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) ALEJANDRO MELCHOR  
  Assistant Executive Secretary