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.