Title
Creation and powers of Public Estates Authority
Law
Presidential Decree No. 1084
Decision Date
Feb 4, 1977
Presidential Decree No. 1084 establishes the Public Estates Authority, a government entity tasked with reclaiming and managing lands owned by the government, with the goal of maximizing their utilization and development in the public interest.
A

State Policy on Land Reclamation and Administration

  • State policy mandates coordinated, economical, and efficient administration and reclamation of government lands, particularly reclaimed areas.
  • Aim to maximize utilization and expedite development consistent with public interest.

Objectives and Scope of the Authority

  • To reclaim lands (including foreshore and submerged) via dredging, filling, or other means, or acquire reclaimed lands.
  • To develop, administer, lease, sell, subdivide, and dispose of government-owned or controlled lands and real estate.
  • To provide and manage services necessary for efficient utilization of government properties.

Powers and Functions

  • Prescribe by-laws and adopt a corporate seal.
  • Sue and be sued in corporate name.
  • Acquire, lease, build, manage, mortgage, sell, or otherwise deal in buildings and real properties.
  • Construct and operate infrastructure including water systems, transportation (railroads, vessels), sanitary systems, storm drains, and public amenities.
  • Hold public domain lands exceeding limits allowed private corporations.
  • Exercise right-of-way on public and private lands for projects; indemnify private property owners for damages.
  • Issue regulations governing use of Authority's facilities; impose fees and tolls with proceeds used exclusively by the Authority.
  • Create subsidiary companies with capital subscribed wholly or partly by the Authority.
  • Contract obligations including loans, mortgages, and other securities.
  • Exercise eminent domain in acquiring real estate in the name of the Republic; hold title as agent of the Republic.
  • Enforce rules with penalties of fines up to P500, imprisonment up to 6 months, or both.
  • Perform all acts necessary to achieve its objectives.

Governance Structure

  • The Authority governed by a Board of Directors: one Chairman and four members appointed by the President for a three-year term.
  • Vacancies on the Board filled by Presidential appointment.
  • Chief Executive is the General Manager, also appointed by the President for three years.
  • Qualification for Board Members and General Manager: natural-born Filipino citizen, at least 30 years old, and of established integrity.

Capital Stock and Subscription

  • Authorized capital stock of 3,000,000 shares with no par value.
  • 2,000,000 shares subscribed by the Republic of the Philippines through transfer of rights and P5 million cash payment.
  • Remaining 1,000,000 shares may be subscribed by government financial institutions or the Republic at minimum fair value.
  • All government shares voting power vested in the President or his designee.

Duties and Responsibilities of General Manager

  • Serves as chief executive officer.
  • Executes policies approved by the Board.
  • Supervises Authority's operations and administration.
  • Represents Authority in dealings with government and private entities.
  • Prepares Board meeting agendas and proposes policies.
  • Exercises other powers as vested by Board or by-laws.

Financial Provisions

  • Authority may issue bonds or securities upon recommendations and Presidential approval to finance operations.
  • Commission on Audit appoints a representative to audit Authority's activities with Board approval.

Personnel Management

  • Board appoints officials and employees upon General Manager’s recommendation.
  • Board determines compensation, benefits, working hours, leave, discipline, and removal.
  • Establishes recruitment and merit system.

Borrowing and Financial Guarantees

  • Authority and affiliates (with at least 75% government ownership) may contract loans and indebtedness in foreign currency or capital goods with Presidential authorization.
  • Government financial institutions (excluding Central Bank, Government Service and Insurance System, Social Security System) may guarantee loans or obligations of the Authority.

Reporting Requirements

  • Annual report to be submitted to the President within three months after fiscal year-end.
  • Periodic and other reports as required must also be submitted.

Appropriations

  • Five million pesos appropriated from the National Treasury as partial payment for subscription by the Republic in the capital stock.

Legal Provisions

  • Separability clause: invalidity of any provision does not affect others.
  • Repeals or amends inconsistent laws, decrees, or orders.

Effectivity

  • Decree takes effect immediately upon issuance.

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