Amendment of Intramuros Administration Charter

Policy, purpose, and governmental objectives

The Decree directs that the restoration and development of Intramuros is a major historical project of the Government.
The Decree provides for strengthening the Intramuros Administration to effectively implement its Development Plan and carry out related responsibilities (WHEREAS clauses).
The Decree recognizes that implementing the Intramuros Development Plan requires the joint effort of the government and the private sector (WHEREAS clauses).

Amended charter: core functions and powers

The Intramuros Administration must formulate, coordinate and/or execute policies on all government programs, projects, and activities affecting or relating to Intramuros (Section 1, amending Section 3(a)).
The Administration must be able to enter into contracts with private persons or entities, or with any government agency, domestic or foreign, for effective discharge of its functions and responsibilities (Section 1).
The Administration must be able to acquire, hold, and dispose of real and personal property through sale, expropriation, or other means, including powers to lease, mortgage, sell, alienate, or otherwise dispose of such property (Section 1).
The Administration must be able to receive assets from foreign or domestic sources by bequest, device, donation, gift, purchase, or lease, absolutely or in trust, subject to limitations in existing laws and regulations (Section 1).
The Administration must initiate, plan, undertake, and supervise restoration, upkeep, and maintenance of the Intramuros Walls and related elements, including the ravelins, moat, Sunken Garden, and public places/areas, plazas, streets, and other government-owned or managed properties within Intramuros (Section 1).
The Administration must prepare, adopt, revise, and enforce rules and regulations for effective regulation of land use and development activities in Intramuros and for implementation of the Intramuros Plan, including specific development control rules on:
- Land use allocation; use of buildings; height, dimensions, architectural style, and designs, and other building construction specifications (Section 1).
- Traffic management, street usage, and related matters (Section 1).
- Size and character of display signs, advertising billboards, and other external signs and advertisements in buildings, open spaces lots, or roads (Section 1).
- Supervision and control of archaeological diggings, excavations, and exploration, including use, disposition, registration, and maintenance of archaeological findings and discoveries (Section 1).
- Expropriation of properties within Intramuros (Section 1).
- Sponsoring, conducting, or assisting festivals and cultural activities, including charging and collecting admission fees to restored Gates and other attractions operated by the Administration (Section 1).
- Granting grants, contributions, and donations for restoration, repair, or maintenance of historic structures in Intramuros (including San Agustin Church) and similar structures outside Intramuros for historical, architectural, archaeological, and other research, and for other purposes furthering objectives (Section 1).
- Prescribing and collecting reasonable amounts for filing fees, inspection fees, permit fees, and other administrative or service fees necessary for enforcement of its laws and regulatory measures, for use/disbursement as determined by the Administration to promote objectives (Section 1).
The Administration may exercise all powers necessary or incidental to attain the objectives of the Decree (Section 1).

Transfer of administration and property control

The Administration must receive transfer of national government agencies’ properties located within Intramuros upon agreement with the concerned agencies (Section 2).
The Administration must receive sale of government corporations’ properties upon mutually acceptable terms and conditions, and sale to the Administration of government financial institutions’ Intramuros properties must also include acquired assets located within Intramuros (Section 2).
Administration of Fort Santiago, the Sunken Garden, the Municipal Golf Links (including concessions within the Sunken Garden and elsewhere on public land), and other public properties in Intramuros is transferred to the Administration, without prejudice to operation of the Municipal Golf Links by the City of Manila or other organization approved (Section 2).
Proposed transactions affecting private properties within Intramuros must be registered with the Administration (Section 2).
In sale of private properties within Intramuros, the Administration has the right of first refusal (Section 2).

Permits, clearances, and local development compliance

The Administration must issue all locational clearances and construction permits for:
- Development of lands
- Introduction of improvements
- Use, change of use
- Construction, repair, alteration, or reconstruction of buildings within Intramuros
- Other permits such as those for excavations or archaeological diggings (Section 3, inserting new Section 7).
Permit issuance must be based on the approved Intramuros Development Plan, its architectural development standards, and other implementing rules and regulations (Section 3).
The Administration may seek the assistance of Manila and Metro Manila offices insofar as minimum standards of safety of buildings and electrical, plumbing and drainage requirements are concerned (Section 3).
No structure within Intramuros—including stone walls, fences, light or other fixtures, steps and paving—may be erected, altered, restored, moved, or demolished without the Administration’s Certificate of Appropriateness for external architectural features and their congruity with the historic district (Section 3).
The Certificate of Appropriateness must cover congruity standards including style, general design and arrangement, types of windows and doors, light and other fixtures, and material and location of advertisements and bill posters (Section 3).
The National Building Code (P.D. No. 1096) and other related laws apply with suppletory effect to the Decree and to the Administration’s development control regulations if not inconsistent (Section 3).

Building modifications, incentives, and financing

The Administration may require owners of existing buildings and structures within Intramuros to modify architectural structure and design to conform to Administration-adopted standards, based on a transitory period fixed by it and approved by the President (Prime Minister) (Section 4, amending renumbered Section 8).
Subject to availability of funds, the Administration may use its funds to undertake modification of existing buildings (publicly or privately owned), with or without reimbursement depending on mutually acceptable terms and conditions so as to modify external appearance to comply with approved designs (Section 4).
No changes in the facade or external appearance of any existing buildings and structures in Intramuros—including ruins—may be made without the Administration’s approval (Section 4).
Owners, lessees, or others with interest who voluntarily undertake modifications at their own expense to conform with Administration architectural design standards may apply for incentives, financial assistance and grants under an Administration incentives program (Section 4).

Roads, utilities, traffic management, and transport routes

The budgetary allocation for maintenance of national and local roads and provision/maintenance of other public utilities and services such as water and electricity within Intramuros must be released to the Administration (Section 5, amending renumbered Section 9).
The Administration must undertake these services directly or by arrangement with the appropriate Ministry, the City of Manila, or private parties capable of undertaking the work, subject to applicable government rules and regulations (Section 5).
The Administration must control the nature, volume and schedule of traffic, parking, and access of private and public vehicles into Intramuros (Section 6, amending renumbered Section 10).
The Administration must prepare the appropriate traffic plan and implementing rules and regulations (Section 6).
Review and approval of public transportation routes going through Intramuros must be subject to the Administration’s concurrence (Section 6).

Investment, grants, and tax-related privileges

The Administration may extend investment incentives and other incentives for industries and enterprises established in Intramuros in accordance with the Intramuros Development Plan, after consultation with the Minister of Industry or the Minister of Tourism as the case may be, and subject to approval of the President (Prime Minister) (Section 7, amending renumbered Section 13).
Allowed industries in Intramuros must be limited to those consistent and compatible with the historical character of Intramuros, and must not be a source of air, noise, water or other types of pollution (Section 7).
The Administration is authorized to accept and receive grants, contributions, and donations from domestic and foreign sources, from government or private entities (Section 8, amending renumbered Section 17).
Donations and contributions must be obligated and disbursed or used in the manner the Administration deems best to promote and accelerate the restoration program or enhance maintenance and preserve historical structures and facilities, or otherwise attain its objectives (Section 8).
Grants and donations to the Administration are exempt from donors and all other taxes that are or may be imposed by the government in case of donations, and are fully deductible for income tax purposes (Section 8).
Monetary contributions and the equivalent monetary value of donated works of art, antiques, manuscripts, books, or other articles of cultural, historical, or scientific significance are tax exempt and deductible from the donor’s taxable income (Section 8).
Donations mortis causa of art objects, antiques, treasures and relics, historical houses or parts thereof, or similar properties are excluded in determining the net estate of the donor, and the full value of the donation is credited for purposes of paying estate taxes due from the estate of the decedent (Section 8).
Donation value is subject to joint approval of the Administration and the Bureau of Internal Revenue (Section 8).

Eminent domain, finality of decisions, and rulemaking

The Administration is exempt from payment of documentary stamp tax, registration fees, and other taxes, dues, and fees incidental to the issuance of title to it of property acquired through sale or expropriation (Section 9, inserting new Section 18).
If expropriation proceedings are resorted to, the Administration is exempt from all court fees (Section 9).
Expropriation proceedings may be maintained by and in the name of the Administration, and it must proceed in the manner provided by law (Section 9).
Any decision, order, or ruling by the Administration becomes final and executory after fifteen (15) days from receipt by the affected party (Section 9, inserting new Section 19).
Administration decisions are appealable only to the President of the Philippines, whose decision is final (Section 9).
The Administration must promulgate rules and regulations necessary to implement the Decree and enforce Administration policies, orders, and resolutions (Section 9, inserting new Section 20).
Rules and regulations must be signed and promulgated by the Board and take effect fifteen (15) days after promulgation once in at least two newspapers of general circulation (Section 9).

Visitorial powers, committees, and deputization

The Administration, through an authorized officer or representative, may conduct an ocular inspection of ongoing construction or existing buildings/structures to determine whether development or activities conform to the uses, standards, and specifications under government rules (Section 9, inserting new Section 21).
Any violation of specifications under Administration rules and regulations must be dealt with in the Decree’s penalties section (Section 9).
The Administration or its designated representative may organize and convene inter-agency committee(s) with representatives from appropriate government agencies and private entities as consultative or recommendatory bodies (Section 9, inserting new Section 22).
The Administration may deputize any official or agency of the government to perform any of its specific functions or activities (Section 9, inserting new Section 23).

Penalties and enforcement consequences

Any person or establishment that violates any provision of the Decree or any Administration policy, order, decision, ruling, or regulation is subject to a penalty imposed by the appropriate court ranging from a fine of PHP 1,000 to PHP 50,000, or imprisonment of not exceeding six years, or both, at the court’s discretion (Section 9, inserting new Section 24(a)).
Penalties in court are without prejudice to administrative fines and penalties the Administration may prescribe in its rules and regulations, including revocation or cancellation of locational or construction permit and suspension of construction and/or demolition of illegal construction (Section 9).
The Administration may impose a fine not exceeding PHP 30,000 for violation of the Decree, Administration policies/orders/rules/regulations, or terms and conditions of permits or licenses issued by it (Section 9, inserting new Section 24).
After due notice, the Administration may treat any violation as a continuing one and impose a daily penalty as long as the illegal act or condition exists (Section 9).
In enforcing its decisions and regulatory functions, the Administration may secure assistance of or deputize enforcing officials such as the building official of the City of Manila and other local police officers (Section 9).
When needed, the Administration may establish its own enforcement arm or demolition team to strengthen enforcement powers (Section 9).

Effect of laws, renumbering, and repeal standard

Conflicting or inconsistent existing laws, decrees, Acts, Letters of Instruction, Executive Orders, and city and metropolitan Ordinances (or portions thereof) are considered modified accordingly in relation to the charter’s approved Development Plan and implementing rules and regulations (Section 10, amending renumbered Section 25).
For future laws, the President’s charter amendment framework requires that such future laws must expressly provide for repeal or amendment of the Administration charter or specified charter provisions or rules and regulations (Section 10).

Government decision finality, rule adoption timing

Administration rules and regulations take effect fifteen (15) days after promulgation once in at least two newspapers of general circulation (Section 9, inserting new Section 20).
Administration decisions become final and executory after fifteen (15) days from receipt by the affected party, with appeal only to the President (Section 9, inserting new Section 19).

Structural amendments and renumbering changes

Section 3 of P.D. No. 1616 is amended to contain the enumerated functions and powers of the Administration (Section 1).
Section 4 of P.O. No. 1616 is amended on transfer of administration and properties (Section 2).
A new Section 7 is inserted into P.D. No. 1616 (locational clearances, construction permits, Certificate of Appropriateness, and suppletory effect of building laws) and thereafter renumbering follows (Section 3).
Section 7 of P.D. No. 1616 is renumbered as Section 8 and amended on building modifications and approval of facade/external appearance changes (Section 4).
Section 8 of P.D. No. 1616 is renumbered as Section 9 and amended on maintenance of roads and other utilities and services (Section 5).
Section 9 of P.D. No. 1616 is renumbered as Section 10 and amended on traffic management (Section 6).
Section 12 of P.D. No. 1616 is renumbered as Section 13 and amended on investment incentives (Section 7).
Section 16 of P.D. No. 1616 is renumbered as Section 17 and amended on grants, contributions and donations, including tax treatment and approvals (Section 8).
Six new sections are inserted between renumbered Section 16 (as Section 17) and renumbered Section 17 (as Section 15) of P.D. No. 1616, covering eminent domain, effectivity of decisions, rulemaking, visitorial powers, inter-agency committees, and deputization (Section 9).
Sections 17, 18 and 19 of P.D. No. 1616 are renumbered as Sections 25, 26 and 27 (Section 9).
Section 17 of P.D. No. 1616, renumbered as Section 25, is amended on effects of laws/decrees/ordinances and future express repeal/amendment requirements (Section 10).
Section 19 of P.D. No. 1616, renumbered as Section 27, is provided on effectivity as immediate (Section 11).