Title
Reversion of Manila's Sinking Fund
Law
Presidential Decree No. 345
Decision Date
Nov 26, 1973
President Ferdinand E. Marcos authorizes the reversion of a sinking fund to the City of Manila for urgent public works projects, bypassing the appropriation requirement stated in Republic Act No. 6039.

Law Summary

Legal Basis for the Sinking Fund

  • Republic Act No. 6039, amending Sec. 18(cc) of Republic Act No. 409 (Revised Charter of the City of Manila), mandates creation of a sinking fund.
  • The sinking fund is sourced from 30% of the gross market fee receipts.
  • Intended uses include amortization, financing new markets, remodeling/replacing old market buildings, purchasing buildings and sites for public market purposes, and constructing market facilities.
  • Until old self-liquidating markets are replaced/reconstructed as per Market Committee specifications, market fee collections are to be allocated 70% to the city's special fund and 30% to the sinking fund.

Management and Operating Contract with Asiatic Integrated Corporation

  • On December 28, 1972, a contract was executed between the City of Manila and Asiatic Integrated Corporation for the management of 35 public markets and talipapas.
  • The contract mandates appropriation of no less than 30% of the gross market fee receipts from fiscal year 1971-1972 for maintenance, repair, reconstruction, development, and rehabilitation of said markets.

Accumulated Sinking Fund Prior to Contract

  • By the time of the contract, there was an accumulated sinking fund amounting to P3,696,921.99.
  • This sum represents 30% of gross market fees but was not appropriated as required by law.

Rationale for Reversion

  • The accumulated sinking fund is no longer needed for its original purposes since Asiatic Integrated Corporation assumes responsibility for market improvements.
  • The city has urgent pending public works projects, such as street construction, repair, and estero dredging and clearing, lacking sufficient funds.
  • Utilizing the accumulated sinking fund for these urgent projects is necessary to ensure their successful undertaking.

Presidential Authorization and Implementation

  • President Ferdinand E. Marcos, under Constitutional powers and proclamations related to martial law, authorizes the reversion of the P3,696,921.99 sinking fund to the City's General Fund.
  • The City of Manila is authorized to appropriate this reverted fund for its public works projects.
  • The decree takes effect immediately upon issuance on November 26, 1973.

Important Legal Concepts

  • Sinking fund: a reserved portion of market fees for specific public market-related capital expenses.
  • Reversion: the legal act of redirecting reserved funds to a different government fund.
  • Contractual delegation: transfer of market maintenance responsibilities to a private entity with budgetary provisions.
  • Public works prioritization: allowing fund reallocation to address more urgent infrastructural needs.
  • Presidential decree: a law issued by the President under emergency powers granted by the Constitution and special proclamations, which has immediate force of law.

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