Title
Land Transfer to Technological University of the Philippines
Law
Executive Order No. 36
Decision Date
Apr 18, 2011
Executive Order No. 36 transfers ownership of a portion of land to the Technological University of the Philippines for the establishment of a Motor Vehicle Inspection Site, with the land reverting to military control when no longer needed for educational purposes.
A

Historical Background and Legal Basis

  • The land was originally part of Fort William McKinley (now Fort Andres Bonifacio Military Reservation) established under Proclamation No. 423 (1957).
  • Proclamation No. 1160 (1973) excluded a portion for the site of the Manila Technical Institute (MTI).
  • Administration of MTI was transferred to the Philippine College of Arts and Trade (PCAT) in 1978.
  • PCAT was later renamed Technological University of the Philippines (TUP) under Presidential Decree No. 1518 (1978), which expanded its programs and institutional objectives.

Authority to Accept Property and Purpose

  • Section 6 of Presidential Decree No. 1518 authorizes TUP to accept legacies, gifts, and donations of property and administer these for the university's benefit.
  • Donations to TUP are exempt from taxes and deductible from the donor's income tax.

Procedural Compliance

  • TUP requested issuance of a title required by the Commission on Higher Education (CHED) and Commission on Audit (COA), especially in relation to establishing a Motor Vehicle Inspection Site (MVI).
  • Department of Public Works and Highways (DPWH) certified that the lot was not affected by C-5 Road and related projects.

Legal Authority for Transfer

  • The President of the Philippines is authorized to convey government-owned real property as per the Administrative Code of 1987.
  • Exercise of this power effectuates the transfer, conveyance, and assignment of ownership to TUP.

Conditions on Use and Reversion

  • If the land ceases to be needed for educational purposes, ownership automatically reverts to military control following the terms specified in Proclamation No. 1160 (1973).

Separability Clause

  • Should any part of the Executive Order be declared unconstitutional or invalid, the remaining provisions shall continue to be effective and enforceable.

Effectivity of the Order

  • The Executive Order takes effect immediately upon publication in a newspaper of general circulation.
  • The order was signed by the President and executed by the Executive Secretary on April 18, 2011, in Manila.

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