Proclamation No. 216




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Proclamation No. 216, July 27, 1993 ] CREATING AND DESIGNATING THE AREA COVERED BY THE FORMER WALLACE AIR STATION AND CONTIGUOUS AREAS IN PORO POINT AS PORO POINT SPECIAL ECONOMIC AND FREEPORT ZONE AND TRANSFERRING LANDS TO THE BASES CONVERSION DEVELOPMENT AUTHORITY PURSUANT TO REPUBLIC ACT NO. 7227 Pursuant to the powers vested in me by law and the resolutions of concurrence of the local government units directly affected, I, FIDEL V. RAMOS, President of the Republic of the Philippines, hereby create and designate the area covered by the Wallace Air Station as embraced, covered and defined by the 1947 Military Bases Agreement between the Philippines and the United States of America, as amended, and the other contiguous lands located within the territorial jurisdiction of the Municipality of San Fernando, Province of La Union, as Poro Point Special Economic and Freeport Zone (Poro Point). Section 1. Creation of Poro Point Special Economic and Freeport Zone. – Poro Point shall cover the land and bay areas which include the Wallace Air Station, the San Fernando Airport, Seaport, Barangays Poro and San Vicente and portions of Barangays San Agustin, San Francisco and Canaoay of the Municipality of San Fernando, Province of La Union, consisting of eight hundred (800) hectares, more or less, subject to actual survey and verification by the Department of Environment and Natural Resources (DENR). Areas that will be reclaimed from the adjoining shores of Poro Point shall also be included in the Poro Point Special Economic and Freeport Zone. Section 2. Transfer of Wallace Air Station Areas to the Bases Conversion Development Authority. – All areas covered by the Wallace Air Station as embraced and defined by the 1947 Military Bases Agreement between the Philippines and the United States of America, as amended, excluding those covered by Presidential Proclamations and some 25-hectare area for the radar and communication station of the Philippine Air Force, are hereby transferred to the Bases Conversion Development Authority (BCDA) provided that the area now occupied by the Voice of America shall be considered transferred to the BCDA only upon the turn-over of this property to the Republic of the Philippines. Future reclaimed lands from adjoining shores of Poro Point shall be considered transferred and owned by BCDA. Section 3. Governing Body of Poro Point. – Pursuant to Section 15 of R.A. 7227, BCDA is hereby established as the governing body of the Poro Point Special Economic and Freeport Zone. BCDA shall determine the utilization and disposition of the above mentioned lands subject to private property rights. It shall promulgate the necessary policies, rules and regulations to govern and regulate the Poro Point Special Economic and Freeport Zone thru an operating and implementing arm it may establish or through another entity/entities or joint venture with whom it may enter into a contract with for its economic development and optimum utilization. Section 4. Operation of the Airport and Seaport. – The development, operation and management of the airport and seaport is hereby transferred to BCDA, subject to policies, rules and regulations promulgated by the Air Transportation Office, Civil Aviation Authority and Philippine Ports Authority. Section 5. Investment Climate in the Poro Point Special and Economic and Freeport Zone. – Pursuant to Section 5 (m) and Section 15 of R.A. 7227, BCDA shall promulgate all necessary policies, rules and regulations governing Poro Point including investment incentives, in consultation with the local government units and pertinent government departments for implementation by BCDA. Among others, Poro Point shall have all the applicable incentives in the Subic Special Economic and Freeport Zone under R.A. 7227 and those applicable incentives granted in the Export Processing Zones, the Omnibus Investment Code of 1987, the Foreign Investment Act of 1991 and new investment laws which may hereinafter be enacted. Section 6. Role of Departments, Bureaus, Offices, Agencies and Instrumentalities. – All heads of departments, bureaus, offices, agencies and instrumentalities of the government are hereby directed to give full support to BCDA and/or its implementing subsidiary or joint venture to facilitate the necessary approvals to expedite the implementation of the various projects of the conversion program. Section 7. Local Authority. – Except as herein provided, the affected local government units shall retain their basic autonomy and identity.ℒαwρhi৷ In case of conflict between BCDA and the local government units concerned in matters affecting the Poro Point, other than defense and security, the decision of BCDA shall prevail. Section 8. Repealing Clause. – All presidential acts, letters of instruction, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Proclamation are hereby repealed, amended or modified accordingly. Section 9. Effectivity. - This Proclamation shall take effect immediately. DONE in the City of Manila, this 27th day of July in the year of Our Lord, Nineteen Hundred and Ninety-Three. (Sgd.) FIDEL V. RAMOS By the President: (Sgd.) TEOFISTO T. GUINGONA, JR. Executive Secretary The Lawphil Project - Arellano Law Foundation