Repealing R.A. No. 3741 (Private Financing Law)

September 22, 1976

PRESIDENTIAL DECREE NO. 1005

REPEALING REPUBLIC ACT NUMBERED THREE THOUSAND SEVEN HUNDRED AND FORTY-ONE AUTHORIZING THE CONSTRUCTION OF SELF-LIQUIDATING PUBLIC IMPROVEMENTS BY PRIVATE PERSONS, OTHERWISE KNOWN AS THE PRIVATE FINANCING LAW

WHEREAS, Part X of the Integrated Reorganization Plan provides that the reorganized Department of Public Works, Transportation and Communications shall be the principal government agency responsible for providing the infrastructure and physical base to adequately support sustained developmental effort and economic growth; aisa dc

WHEREAS, the issuance of Presidential Decree No. 458, creating the Department of Public Highways, further strengthens the public works functions of the Government in order to increase the production of physical infrastructure facilities of the country; and aisa dc

WHEREAS, the undertaking of government projects under the Private Financing Law might distort the national government priority pattern since the overriding consideration under this law is the self-liquidating character of the project rather than its social and economic contribution to the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree and order:

SECTION 1. Republic Act Numbered Three Thousand Seven Hundred Forty-One is hereby repealed: Provided, however, that toll collection on public works projects, and the participation of the private sector in the construction, operation, and maintenance of public works projects may still continue under existing laws.

SECTION 2.  The Secretary of Finance, the Secretary of Public Works, Transportation and Communications and the Secretary of Public Highways are hereby authorized to promulgate and issue implementing rules for the orderly liquidation and turn-over to the Government of any existing contract already entered into between the government and private contractors for public works projects undertaken in accordance with Republic Act Numbered Three Thousand Seven Hundred and Forty-One, together with reasonable compensation schedules for such derived from tolls and fees as the Contractor shall be entitled for the return of his capital plus interest; Provided, That pending the liquidation and turn-over, the contractor shall continue to collect reasonable tolls or fees for the use of bridges, highways or roads.

DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, Nineteen Hundred and Seventy-Six.