Article 12p. 12

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

value

of

the improvements thereon: Provided, That

twenty-five per centum of the total annual rental on all

lands reclaimed prior to the approval of this Act and one

per centum of the appraised or reappraised value of

improvements shall accrue to the construction and

improvement

portion

of

the

Portworks

Fund:

And

provided,

further,

That

the

annual

rental

on lands

reclaimed using the Portworks Fund together with the

fee due on account of the improvement thereon after

the

effectivity

of

this

Act

shall

all

accrue

to

the

construction and improvement portion of the Portworks

Fund. (Amending C.A. No. 141 Re: Land Rentals, Republic

Act No. 2694, [June 18, 1960])

(b) The land rented and the improvements thereon shall

be reappraised every ten years if the term of the lease is

in excess of that period.

(c) The term of the lease shall be as prescribed by section

thirty-eight of this Act.

(d) The lessee shall construct permanent improvements

appropriate for the purpose for which the lease is

granted,

shall

commence

the

construction

thereof

within six months from the date of the award of the

right to lease the land, and shall complete the said

construction within eighteen months from said date.

(e) At the expiration of the lease or of any extension of

the same, all improvements made by the lessee, his

heirs, executors, administrators, successors, or assigns

shall become the property of the Government.

(f) The regulation of all rates and fees charged to the

public; and the annual submission to the Government

for approval of all tariffs of such rates and fees.

(g) The continuance of the easements of the coast police

and other easements reserved by existing laws or by any

laws hereafter enacted.

(h) Subjection to all easements and other rights acquired

by the owners of lands bordering upon the foreshore or

marshy land.

The violation of one or any of the conditions specified in

the contract shall give rise to the rescission of said

contract. The Secretary of Agriculture and Commerce

may, however, subject to such conditions as he may

prescribe, waive the rescission arising from a violation of

the conditions of subsection (d), or extend the time

within which the construction of the improvements shall

be commenced and completed.

SECTION 65. The sale of the lands comprised in class (d)

of section fifty-nine shall, among others, comprise the

following conditions:

(a)

The

purchaser

shall

make

improvements

of

a

permanent character appropriate for the purpose for

which the land is purchased, shall commence work

thereon within six months from the receipt of the order

of award, and shall complete the construction of said

improvements within eighteen months from the date of

such award; otherwise the Secretary of Agriculture and

Commerce may rescind the contract.

(b) The purchase price shall be paid in cash or in equal

annual installments, not to exceed ten.

The contract of sale may contain other conditions not

inconsistent with the provisions of this Act.

SECTION 66. The kind of improvements to be made by

the lessee or the purchaser, and the plans thereof, shall

be subject to the approval of the Secretary of Public

Works

and

Communications,

in

case

they

are

constructions or improvements which, if made by the

Government, would properly have to be executed under

the supervision of the Bureau of Public Works.

SECTION 67. The lease or sale shall be made through oral

bidding; and adjudication shall be made to the highest

bidder.

However,

where

an

applicant

has

made

improvements on the land by virtue of a permit issued to

him by competent authority, the sale or lease shall be

made

by

sealed

bidding

as

prescribed

in

section

twenty-six of this Act, the provisions of which shall be

applied wherever applicable. If all or part of the lots

remain unleased or unsold, the Director of Lands shall

from time to time announce in the Official Gazette or in

any other newspapers of general circulation, the lease or

sale of those lots, if necessary.

SECTION 68. The Secretary of Agriculture and Commerce

may grant to qualified persons temporary permission,

upon payment of a reasonable charge, for the use of any

portion of the lands covered by this chapter for any

lawful private purpose, subject to revocation at any time

when, in his judgment, the public interest shall require it.

TITLE IV Lands for Educational, Charitable,

and Other Similar Purposes

CHAPTER

X

Concession

of

Lands

for

Educational, Charitable and Other Similar

Purposes

SECTION 69. Whenever any province, municipality, or

other branch or subdivision of the Government shall

need any portion of the land of the public domain open

to concession for educational, charitable, or other similar

purposes, the President, upon recommendation by the

Secretary of Agriculture and Commerce, may execute

contracts in favor of the same, in the form of donation,

sale, lease, exchange, or any other form, under terms and

conditions to be inserted in the contract; but land so

granted shall in no case be encumbered or alienated,

except when the public service requires their being

leased or exchange, with the approval of the President,

for other lands belonging to private parties, or if the

National Assembly disposes otherwise.

SECTION 70. Any tract of public land of the class covered

by this title may be sold or leased for the purpose of

founding a cemetery, church, college, school, university,

or

other

institutions

for

educational,

charitable

or

philanthropical purposes or scientific research, the area

to be such as may actually and reasonably be necessary

to carry out such purpose, but not to exceed ninety-six

hectares in any case. The sale or lease shall be made

subject to the same conditions as required for the sale

and lease of agricultural public land, but the Secretary of

Agriculture and Commerce may waive the conditions

requiring cultivation. The Secretary of Agriculture and

Commerce, if he sees fit, may order the sale to be made

without public auction, at a price to be fixed by said

Secretary, or the lease to be granted without auction, at

a rental to be fixed by him. In either case it shall be a

condition that the purchaser or lessee or their successors

or assigns shall not sell, transfer, encumber or lease the

land for the purposes of speculation or use it for any

purpose

other

than

that

contemplated

in

the

application, and that the violation of this condition shall

give rise to the immediate rescission of the sale or lease,

as

the

case

may

be, and to the forfeiture to the

Government of all existing improvements: Provided, That

it shall in no case be sublet, encumbered or resold under

the conditions above set forth except with the approval

of the Secretary of Agriculture and Commerce.

© 2018 Compiled by RGL

12 of 244