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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 405 -
AUTHORIZING THE PHILIPPINE PORTS AUTHORITY (PPA) TO RECLAIM AND DEVELOP
SUBMERGED AREAS VESTED IN THE PPA FOR PORT-RELATED PURPOSES
WHEREAS,
Article IV of Sec. 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, Sec. 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.
Sec. 2.
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Sec. 6.
Sec. 7.
DONE in the City of Manila,
this 17th day of July in the year of Our Lord, Nineteen Hundred and
Ninety-Seven.
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