REPUBLIC ACT No. 3117
An Act Providing for the Subdivision of the San Nicolas Foreshore Land into Lots and the Sale of Said Lots to Their Lessees or to Bona Fide Occupants of Said Land, and for Other Purposes
Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:
Section 1. This Act shall be known as the "San Nicolas Foreshore Land Act of 1961."
Section 2. Notwithstanding the provisions of the Public Land Act, as amended, the Director of Lands, under the direction of the Secretary of Agriculture and Natural Resources, is hereby authorized and directed to survey and subdivide immediately the lands in the District of San Nicolas, City of Manila, comprising what is known as the "San Nicolas Foreshore Land," which is bounded on the North by Azcarraga Street; on the East by Angalo Street; on the South by the private property of Smith Bell & Co.; and on the West by Del Pan Street, into lots in such manner that every lessee of any lot in said land or bona fide occupant of any parcel thereof will not be deprived of any part of the same, should he decide to buy it under this Act. The Director of Lands is hereby further directed to complete such survey and subdivision within one year from the date of the approval of this Act, after which said Director shall turn over all the pertinent records or papers of said survey and subdivision to the Land Tenure Administration which is hereby authorized and directed to sell without delay and without the necessity of public bidding the lots as subdivided to their respective lessees and bona fide occupants if they are duly qualified to acquire public lands at the time of the approval of this Act, or, in the case of vacant lots, to persons who are not disqualified to acquire public lands: Provided, That those lessees and bona fide occupants who will be deprived of their lots or parcels of land by reason of the opening or widening of streets and alleys by virtue of the subdivision herein provided, shall be given preference, in the order mentioned, in the award or sale of the vacant lots: Provided, further, That if said vacant lots are not enough to accommodate all such lessees and occupants, the award or sale thereof shall be by lot.
No person shall be entitled to purchase more than one lot in the San Nicolas Foreshore Land, and any person purchasing two or more lots therein shall lose his rights and interests in said lots and forfeit all amounts paid on account of the same.
The selling price of each lot shall not be more than five pesos per square meter: Provided, That expenses for the opening or widening or repairs of the streets and alleys, the laying of sewer system, and the cost of the survey and subdivision shall not be added to the selling price of each lot as herein fixed.
All streets and alleys existing on the date of the approval of this Act within the San Nicolas Foreshore Land shall not be changed either by the City Government of Manila or by the National Government, unless the public interests demand otherwise.
Section 3. The purchasers shall be allowed, with no down payment whatsoever, fifteen years from the date of purchase within which to pay the purchase price in one hundred eighty equal monthly installments, with an annual interest at the rate of four per centum on all the installments due and payable.1âшphi1 They may also pay the price in cash or more than one installment at one time.
Section 4. Lands acquired under this Act shall not, except in favor of the Government or any of its branches or institutions, or legally constituted banking corporations, be subject to encumbrance or alienation within fifteen years after the date of the issuance of the transfer certificate of title to the purchaser, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period: Provided, However, That such lands may be mortgaged even before said period has expired.
Every conveyance shall be subject to repurchase by the original purchaser or his legal heirs within a period of five years from the date of the conveyance.
Section 5. Any contract or agreement made or executed in violation of this Act shall cause the reversion of the property and its improvements and the forfeiture of all payments made on account of the purchase price thereof to the Government.
Section 6. In the event of the death of a purchaser prior to the complete payment of the price of the lot purchased by him, his widow and children shall succeed in all his rights and obligations with respect to his lot. In the event and purchaser or his successors in interest should fail to pay six consecutive or cumulative installments on the purchase price and the interest thereon or in any installment, when and as the same mature, it shall be the duty of the Chairman of the Land Tenure Administration at once to bring suit for the recovery of such installments and interest due, or of the total amount of the purchase price unpaid, with interest thereon, and also to enforce the lien of the Government against the lot by selling the same in the manner provided by law for the foreclosure of mortgages.
Section 7. The Land Tenure Administration shall implement and carry out the provisions of this Act. It shall promulgate such rules and regulations as may be necessary to carry out said provisions: Provided, That the bona fide occupants of the lots to be subdivided under this Act shall be determined jointly by the Land Tenure Administration and the "San Nicolas Foreshore Land Tenants Association."
In case of disagreement, the matter shall be decided by the Secretary of Agriculture and Natural Resources whose decisions thereon shall be final.
Section 8. The sum of four hundred thousand pesos is appropriated, out of any funds in the National Treasury not otherwise appropriated, to carry out the purpose of this Act.
Section 9. All laws or parts of laws inconsistent with this Act are repealed or modified accordingly.1avvphi1
Section 10. This Act shall take effect upon its approval.
Approved: June 17, 1961.
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