Title
Amending CA 141 Sec 112 on liens for airport, infrastructure
Law
Presidential Decree No. 1361
Decision Date
Apr 26, 1978
Presidential Decree No. 1361 allows the government to acquire right-of-way for public infrastructure projects, such as airports and highways, by imposing a lien on privately owned land, ensuring smooth construction and reducing costs.
A

Definition and Scope of Improvements Covered by the Lien

  • Lien applies only to improvements on the land, not the land itself.
  • Applies to permanent and temporary constructions, including airport runways and terminal buildings, and temporary structures for project engineers.
  • The government’s lien extends to improvements reasonably required for carrying out public infrastructure or service projects.

Authority of Government Officials and Possession of Property

  • Government officials charged with project prosecution or their representatives have authority to take immediate possession of the property portion subject to lien once the need arises.
  • Possession is allowed after due notice to landowners.

Reversion of Ownership After Project Completion or Abandonment

  • Ownership of encumbered properties reverts immediately to land title holders if an airport is abandoned.
  • Similarly, properties used for infrastructure projects revert upon completion or abandonment of improvements by project engineers.
  • Reversion is subject to the same lien for any future improvements.

Effectivity and Repeal of Inconsistent Acts

  • The decree took effect immediately upon signing.
  • All acts inconsistent with this amendment are repealed or modified accordingly.

Purpose of Amendment

  • The law addresses refusals by lot owners under the Public Land Law to recognize airport and infrastructure project constructions as subject to government lien.
  • Remedy aimed at preventing unnecessary delays and increased costs in constructing airports, roads, and bridges due to non-recognition of liens.
  • Provides clearer and broader coverage of government rights to facilitate public infrastructure development.

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