QuestionsQuestions (PRESIDENTIAL DECREE NO. 1748)
P.D. No. 1748 amends the charter of the Intramuros Administration to strengthen it so it can effectively implement the Intramuros Development Plan and carry out its responsibilities, including requiring coordinated government and private sector efforts for restoration and development.
It includes policymaking and coordination for government programs affecting Intramuros; entering into contracts; acquiring and disposing of property; receiving grants/assets; initiating and supervising restoration and maintenance of key historic areas; preparing and enforcing rules for land use and development; regulating archaeological activities; expropriating properties within Intramuros; supporting cultural festivals and charging admissions; granting donations for restoration/research; prescribing and collecting fees; and exercising all incidental powers to attain its objectives.
It must adopt, enforce, and revise rules implementing the Intramuros Development Plan, including standards on land use allocation, building use and height/dimensions, architectural style/design, traffic management, street usage, display signs and external advertisements, and supervision/control of archaeological diggings and excavations.
Yes. Expropriation within Intramuros is expressly included as a power under Section 3 (items in the amended functions), and later provisions also address eminent domain-related tax/fee exemptions.
No structure (including walls, fences, fixtures, steps, paving) may be erected, altered, restored, moved, or demolished within Intramuros without the Intramuros Administration’s Certificate of Appropriateness regarding external architectural features and their congruity with the historic district (style, design, arrangement, window/door/light fixtures, and advertisement/sign material and location).
P.D. 1096 and other related laws that are not inconsistent with the Decree and the Administration’s rules have a suppletory effect (i.e., they apply as supplementary to the Intramuros regime).
It may require owners of existing buildings to modify architecture to conform to its standards within a transitory period set by the Administration and approved by the President (Prime Minister). However, no changes in the facade or external appearance of existing buildings and structures (including ruins) may be made without its approval.
Owners, lessees, or other persons with interest who voluntarily undertake modifications at their own expense to conform to the Administration’s architectural design standards may qualify for incentives, financial assistance, and grants under the Administration’s incentive program.
The budgetary allocation for maintenance of national and local roads and provision/maintenance of utilities (e.g., water and electricity) within Intramuros shall be released to the Intramuros Administration, which undertakes such services directly or by arrangement with relevant government offices, the City of Manila, or private parties subject to applicable government rules.
It controls the nature, volume, and schedule of traffic, parking, and access of private and public vehicles into Intramuros. It prepares the traffic plan and implementing rules, and review/approval of public transportation routes through Intramuros requires the Administration’s concurrence.
Industries allowed in Intramuros must be consistent and compatible with the historical character of Intramuros and must not be sources of air, noise, water, or other types of pollution.
Grants/donations to the Administration are exempt from donor taxes and other taxes imposed by government in case of donations, and are fully deductible for income tax purposes. Monetary contributions and the value of donated cultural/historical/scientific works are tax exempt and deductible. Donations mortis causa are excluded from the net estate, with the full value credited for estate tax purposes, subject to joint approval of the Administration and the Bureau of Internal Revenue.
The Administration is exempt from documentary stamp tax, registration fees, and other taxes/fees incidental to issuance of title to properties acquired by sale or expropriation. If expropriation is resorted to, it is also exempt from court fees, and proceedings may be maintained by and in its name in the manner provided by law.
They become final and executory after 15 days from receipt by the affected party. They are appealable only to the President of the Philippines, whose decision is final.
Rules and regulations must be promulgated by the Board, signed and issued, and take effect 15 days after promulgation upon publication once in at least two newspapers of general circulation.
Authorized officers/representatives may conduct ocular inspections of ongoing construction or existing buildings/structures to determine compliance with the use, standards, and specifications. Violations are dealt with under the penalties provisions.
Violators of the Decree or Administration policies/orders/rules may face a fine of P1,000 to P50,000 or imprisonment up to six years, or both, at the court’s discretion, without prejudice to administrative penalties (e.g., revocation/cancellation of permits, suspension of construction, demolition of illegal constructions). The Administration may impose fines up to P30,000, may treat violations as continuing with daily penalties, may secure assistance/deputize enforcing officials (e.g., Manila building official and local police), and may establish its own enforcement arm/demolition team.