Title
Granting CDCP Tollway Franchise
Law
Presidential Decree No. 1113
Decision Date
Mar 31, 1977
Presidential Decree No. 1113 grants a franchise to the Construction and Development Corporation of the Philippines (CDCP) to construct, operate, and maintain toll facilities on the North Luzon Expressway and the South Luzon Expressway, with the CDCP being responsible for toll collection, expansion, and reimbursement of government debts, while also being prohibited from transferring or selling the franchise without approval.
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Obligations of the Grantee (CDCP)

  • Pay an annual concession fee covering government expenditures related to expressway construction including South Expressway extension to Calamba, Laguna, as determined by the Toll Regulatory Board.
  • Construct at its own expense expansions/extensions: North Luzon Expressway from Angeles City to Carmen, Rosales, Pangasinan; South Luzon Expressway from Calamba, Laguna to Lucena, Quezon.
  • Reimburse the government for payments made against external debts related to expressway extensions from Burol, Balagtas, Bulacan to Angeles City.
  • Discharge and release government certificates of indebtedness related to initial and rehabilitative construction costs.
  • Turn over toll facilities and related equipment to the government at the end of the franchise without cost.
  • Failure to comply allows government to cancel franchise and take over facilities.

Conditions and Regulatory Oversight

  • Franchise subject to Board-imposed conditions and to amendment, alteration, or repeal in the public interest.
  • Board contract to govern operational terms.

Government Option to Operate

  • Government may choose to operate toll facilities directly.
  • Requires turning over of facilities by grantee upon payment of just compensation.

Force Majeure Provisions

  • Annual concession fee shall be proportionally reduced for natural calamities or national emergencies rendering expressways inoperable, as determined by the Board.
  • Government may close or take over expressways due to war, rebellion, public peril without prejudice to compensation.

Property Acquisition and Use

  • GRANTEE cannot take private property without proper condemnation procedures and just compensation.
  • Land occupation limited strictly to what is necessary for franchise purposes.

Liability and Indemnification

  • GRANTEE shall hold harmless government entities from all claims arising from accidents or injuries connected to the franchise operations.

Transfer and Assignment Restrictions

  • Franchise rights are non-transferable, non-assignable, and non-leaseable without prior presidential approval.
  • Transferees are bound by all franchise terms and conditions.

Turnover of Government Assets

  • Government to transfer all physical assets and equipment related to expressway operations to GRANTEE by April 30, 1977.
  • Extensions of expressways to be turned over upon completion.
  • Upon franchise expiration, all assets revert to government without cost.

Tax Exemptions

  • No taxes, charges, or fees other than income and real property taxes may be imposed on GRANTEE by local or national authorities in relation to franchise rights and activities.

Commencement of Operations

  • Franchise becomes void if GRANTEE does not begin operations within one year of approval, except for force majeure or uncontrollable events.

Repeal of Conflicting Laws

  • All laws, decrees, orders, rules or regulations inconsistent with this Decree are repealed or modified accordingly.

Effectivity

  • The Decree takes effect immediately upon promulgation.

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