Section
1. There is hereby created a public corporation to be
known as the "Nationalrports Corporation," hereinafter called and
designated the Corporation, to serve as an agency of the Republic of
the Philippines for the development, administration, operation and
management of government-owned landing fields in the Philippines.
The said Corporation shall exist for a term of fifty years from the
date of the approval of this Act, and shall have its principal place of
business at Nichols Field, municipality of Paraque, Province
of Rizal.
Sec. 2. The "Nationalrports Corporation" shall
have the following objects:
(a) To take over the use, management, operation,
maintenance, development, control, regulation and policing of Nichols
Field as a publicrport for national and internationalr traffic, and of
all other governmentrfields, except those controlled and/or operated by
the Armed Forces of the Republic, and of any otherrfields which it may
acquire or construct;
(b) To plan, design, equip, expand, improve, repair,
alter, or construct theserports or any navigation facilities
appurtenant thereto with a view to providing the public with an
efficient and modernr transportation service;
(c) To assist in the development and utilization of
ther potential of the Philippines, and in the encouragement and
promotion of civil aeronautics.
Sec. 3. The said Corporation shall be subject to the
provisions of the Corporation Law in so far as they are not
inconsistent with the provisions of this Act, or the purpose for which
the Corporation is formed, and it shall enjoy the general powers
mentioned in said Corporation Law in addition to the following powers:
(a) To enter into, make and execute contracts of any
kind as may be necessary or incidental to the attainment of its
objects, with any person, firm, or public or private corporation or
entity, or, subject to the approval of the President, with any foreign
government;
(b) To acquire, hold, purchase, or lease any personal
or real property, rights of way, and easements which may be proper or
necessary for the furtherance of the purposes of the corporation;
(c) To exercise the right of eminent domain for the
purposes for which it was created, in the manner provided by law for
condemnation proceedings by the national, provincial and municipal
governments;
(d) To sell, pledge, mortgage, alienate or otherwise
dispose of any property, or interest therein, or part thereof, whenever
in the judgment of the Board of Directors said property, or interest
therein, or part thereof, is no longer needed or required for the
purposes for which the corporation is formed; or to lease the same when
the lease thereof for any purpose shall not interfere with the main use
of therport: Provided, however, That no real property of whatever
value, nor fixed installations of any kind having a book value of one
hundred thousand pesos or over, may be sold or otherwise disposed of by
the Corporation without the approval of the President of the
Philippines;
(e) To contract loans, to issue bonds and other
obligations as security therefor: Provided, however, That at no time
shall bonded indebtedness of the corporation exceed ten million pesos.
In order that the corporation may validly issue bonds, the resolution
of the Board of Directors authorizing the issuance thereof shall state
the purpose and the terms and conditions of the bonds, which resolution
shall be subject to the approval of the President of the Philippines
upon recommendation of the Secretary of Finance. All bonds issued by
the Corporation shall be exempt from taxation by the Republic of the
Philippines or by any political subdivision thereof, and shall be
receivable as security in any transaction with the Government of the
Republic of the Philippines in which security is required. As security
for any and all loans which it may contract, the Corporation is
authorized to mortgage any and allrfields, installations and equipment
which it has or may control.
(f) With the exception only of the amounts to be
charged as landing fees, parking space fees for transientrcraft, and
royalties on sales or deliveries, direct or indirect, to anrcraft for
its use or aviation gasoline, oil and lubricants, spare parts,
accessories and supplies which shall be subject to the approval of the
Civil Aeronautics Board, the Corporation shall have authority to
determine, impose, collect and receive all charges, tolls, royalties,
fees or rentals for the use of any of the property under its management
and control; and to prescribe the terms and conditions under which such
property may be used. As used in this section:
(1) "Landing fees" refer to all charges for the use
of any landing strip or runway by anyrcraft landing or taking off at
therport;
(2) "Terminal fees" refer to all charges for parking
at or near the ramp, terminal area or building for purposes of loading
or unloading passengers and/or cargo;
(3) "Transientrcraft" refers to all those which do
not have, at therport, any fixed base, area, or parking space;
(4) "Royalties" refer to all charges based on gross
business or sales, or gross or net profit;
(5) "Supplies" include any and all items of whatever
nature or description which may be necessary for, or incidental to, the
operation of anrcraft.
(g) To grant to any person, firm or company such
concession or concession rights as may be necessary or convenient to
therports upon such terms and conditions as the corporation may deem
proper: Provided, however, That the exclusive use of any landing strip
or runway within anyrport shall not be granted to any person, firm, or
corporation;
(h) To determine the types ofrcraft that may be
allowed to use therports and to limit their use to certain types
ofrcraft only, in the interest of public safety;
(i) To prescribe, adopt, establish and enforce such
rules and regulations, consistent with existing laws, rules and
regulations, as may be necessary for the safety, health and welfare of
the public within therport;
(j) In general, to do everything, directly or
indirectly, necessary or incidental to, or in furtherance of, the
purposes of the corporation; and the enumeration of the specific powers
herein granted shall not be construed as a limitation upon the general
and incidental powers of the corporation;
(k) In the transaction of its business, to perform
all acts which a co-partnership or natural person is authorized to
perform under the laws existing or which may be enacted hereafter.
Sec. 4. The governing body of the Corporation
shall consist of a Board of Directors composed of five members to be
appointed by the President of the Philippines, with the consent of the
Commission on Appointments of the Congress of the Philippines. The
President of the Philippines shall designate from among the members of
the Board a Chairman and a Vice-Chairman who shall act as Chairman
during the absence or temporary disability of the former.
Of the directors first appointed as above prescribed, the President of
the Philippines shall designate one to serve for five years, one to
serve for four years, one for three years, one for two years, and one
for one year; and thereafter, each director appointed shall serve for
four years. Whenever a vacancy occurs among the directors, the person
appointed director to fill such vacancy shall hold office for the
unexpired portion of the term of the member whose place he is selected
to fill. Any director shall be subject to removal by the President of
the Philippines. Three members of the Board of Directors shall
constitute a quorum for the transaction of business.
Before entering upon the discharge of their duties, each of the
directors shall take the oath prescribed in section twenty-three of the
Revised Administrative Code and in the Constitution of the Philippines.
The members of the board shall each receive a per diem of not to exceed
thirty pesos for each meeting actually attended by them.
Sec. 5. The board shall submit its annual report
and balance sheets to the President of the Philippines and to the
Congress of the Philippines, as provided in sections five hundred and
seventy-four to five hundred and seventy-seven of the Revised
Administrative Code.
Sec. 6. The direct and active management of the
affairs and business of the Corporation shall be performed by the
General Manager, subject to the supervision and control of the Board of
Directors. The General Manager shall be appointed by the President of
the Philippines with the consent of the Commission on Appointments of
the Congress of the Philippines; shall be entitled to a compensation to
be fixed by the President of the Philippines, and shall hold office at
his pleasure.
The General Manager shall, with the approval of the Board of Directors,
appoint and fix the number and salaries of such technical and other
officers and employees as may be necessary for the performance of the
functions and activities of the Corporation; shall sit at all meetings
of the Board of Directors and may participate in its deliberations but
shall have no right to vote, and shall render and submit such report or
reports to the board as may be required of him from time to time.
Sec. 7. The Office of the Administrator of the
Manila Internationalrport established under the provisions of Executive
Order Numbered One hundred, dated October twenty-one, nineteen hundred
and forty-seven, is hereby abolished, and all personnel, records,
properties, assets, rights, obligations, liabilities, appropriations
and unexpended balances thereof are hereby transferred to, and assumed,
by, the "Nationalrports Corporation." All works, construction and
improvements made by the Civil Aeronautics Administration or any agency
of the National Government in or upon governmentrfields, as well as the
appropriations or the unexpended balances thereof shall belong to this
Corporation.
Sec. 8. All laws, executive orders and rules and
regulations governing the operation ofrcraft in the Philippines shall
be applicable to anyrcraft using the landing fields of the
Nationalrports Corporation.
Sec. 9. In order to enable the Corporation to
carry out its purposes as set forth in this Act, there is hereby
appropriated out of any funds in the National Treasury not otherwise
appropriated, the sum of one million pesos, which, together with the
appropriations and unexpended balances mentioned in section seven of
this Act, shall constitute the capital of this Corporation and will be
placed at the disposal of the Board of Directors for the attainment of
the objectives of the Corporation.
The funds herein appropriated shall not be released unless and until
the Secretary of Finance and the Auditor General shall have certified
to the President of the Philippines that there are existing and
available funds in the National Treasury in excess of the sums
appropriated in the General Appropriation Law for the fiscal year
ending June thirtieth, nineteen hundred and forty-nine and the priority
appropriations established by law.
Section 10. All acts or parts of acts and executive
orders, administrative orders, or parts thereof which are inconsistent
with the provisions of this Act are hereby repealed.
Section 11. This Act shall take effect on its
approval.
Approved: June 5, 1948
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