Amending Sections 5 and 9 of Act No. 1654

February 4, 1916

ACT NO. 2570

AN ACT AMENDING SECTIONS FIVE AND NINE OF ACT NUMBERED SIXTEEN HUNDRED AND FIFTY-FOUR, ENTITLED "AN ACT TO PROVIDE FOR THE LEASING OF RECLAIMED LAND FOR COMMERCIAL PURPOSES, FOR THE LEASING OF THE FORESHORE AND LANDS UNDER WATER, AND TO REGULATE THE CONSTRUCTION OF BRIDGES OVER NAVIGABLE WATERWAYS," BY AUTHORIZING THE SECRETARY OF COMMERCE AND POLICE, WITH THE APPROVAL OF THE GOVERNOR-GENERAL, TO GRANT PERMISSION TO USE ANY PORTION OF THE FORESHORE OR LAND UNDER WATER IN THE PHILIPPINE ISLANDS FOR ANY LAWFUL PRIVATE PURPOSE, AND FOR OTHER PURPOSES

SECTION 1. Section five of Act Numbered Sixteen hundred and fifty-four is hereby amended by adding at the end thereof a new paragraph so that said section shall read as follows:

"SEC. 5. Upon receipt of an application or applications for the lease of any portion of the foreshore or lands under water in the Philippine Islands for the purpose of erecting and maintaining wharves, docks, piers, marine railways, or other appropriate structures, and upon the recommendation of the Secretary of Commerce and Police, the Governor-General may designate and specify such portions of the foreshore or lands under water for such use, and shall give notice by public advertisement that such applications have been made and that the Government will lease such portion of the foreshore, to be specified in said advertisement, for wharves, docks, piers, marine railways, or other appropriate structures for a term not to exceed ninety-nine years, with the right on the part of the lessee to erect and maintain such wharves, docks, piers, marine railways, or other appropriate structures, or to make such other beneficial use of such leased foreshore or lands under water as may be specified in the lease, subject, however, to all vested rights or easements of owners of lands adjacent to such foreshore or lands under water.

"In the same manner, permission to use any portion of the foreshore or land under water in the Philippine Islands for any lawful private purpose may be granted by the Secretary of Commerce and Police, with the approval of the Governor-General. The licensee may be required to pay a reasonable fee, which shall be fixed by the Secretary of Commerce and Police. Such permission may be revoked at any time whenever, in the opinion of the Secretary of Commerce and Police, the public interests so require. Within sixty days from the receipt of notice of such revocation the licensee shall remove all materials placed or used by him on any part of the foreshore or land under water in virtue of said permission, and, upon his failure to do so, the Secretary of Commerce and Police may himself cause their removal, and the expenses of the removal so effected shall be a proper charge against the licensee."

SECTION 2. Section nine of the same Act is hereby amended to read as follows:

"SEC. 9. Subject to the direction of the Secretary of Commerce and Police, the Director of Public Works is hereby authorized to enter into contract with the municipalities or provinces concerned to fill in, at the expense of said municipalities or provinces, lands not of private ownership situate on or near the foreshore and not necessary for navigation or commerce; and said land, upon being improved, shall be subject to disposal by, and the control of, the provinces and municipalities as the case may be, which have paid for the improvements mentioned." IcCATD

SECTION 3. This Act shall take effect on its passage.

Enacted, February 4, 1916.