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Executive Order No. 40, s. 1992


Signed on December 8, 1992 (https://www.officialgazette.gov.ph/1992/12/08/executive-order-no-40-s-1992/)

MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 40

IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 7227 AUTHORIZING THE BASES
CONVERSION AND DEVELOPMENT AUTHORITY (BCDA) TO RAISE FUNDS THROUGH THE SALE OF
METRO MANILA MILITARY CAMPS TRANSFERRED TO BCDA TO FORM PART OF ITS CAPITALIZATION
AND TO BE USED FOR THE PURPOSES STATED IN SAID ACT

WHEREAS, Republic Act No. 7227 (“Act”) declares a policy to accelerate the conversion into productive
uses for the former US military reservations and extensions, to raise funds through the sale or portions of
Metro Manila military camps, and to apply said funds for the development and conversion to productive
civilian uses of the lands covered under the 1947 Military Bases Agreement;

WHEREAS, the same Act created the Bases Conversion and Development Authority (BCDA) which has
been granted the power, among others, to source its capital from the proceeds of the sale and/or
disposition of certain Metro Manila military camps except those which shall remain as military
reservations delineated and proclaimed as such by the President, and to adopt, prepare and implement a
comprehensive and detailed plan embodying a list of projects provided in, but not limited to those
included in the Legislative-Executive Bases Council (LEBC) framework plan;
WHEREAS, the Act further provides that the President shall authorize the disposition by the BCDA of
certain areas in Fort Bonifacio and the Villamor Air Base six (6) months after the approval of the Act
provided that no disposition of such lands may be undertaken without a development plan approved by
the President;

WHEREAS, the Act also provides that the BCDA may plan and undertake the relocation or resettlement of
populations within its areas of responsibility as it may deem necessary;

WHEREAS, a master development plan and a securitization scheme on portions of the Fort Bonifacio and
the Villamor Air Base have been completed by the Public Estates Authority (PEA) as authorized by the
Office of the President in coordination and consultation with the Special Operations Team for the Bases
Conversion Program, the Department of National Defense/Armed Forces of the Philippines (DND/AFP),
the LEBC, Philippine National Bank (PNB), Department of Justice, Bureau of Internal Revenue and the
Housing and Land Use Regulatory Board (HLURB) to serve as the initial funds generation program of the
BCDA to be approved by the President for implementation;

WHEREAS, in view of the urgency to undertake projects for the initial funds generation program, the BCDA
may exercise its power to enter into contracts with the appropriate agency or office;

WHEREAS, the implementation of projects for the initial funds generation program will require constant
consultation and close coordination between and among the BCDA and concerned governmental
agencies.

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the
powers vested in me by law, do hereby order:

Section 1. The portions of the Metro Manila military camps listed in Section 8 of the Act, except
those mentioned in paragraphs a, b, c, and d thereof, are hereby transferred to the BCDA.

The JUSMAG compound in Quezon City with an area of 0.14 hectare is also hereby transferred to the
BCDA pursuant to Section 7 (b) of the Act.

Other properties may be transferred by the President to the BCDA in accordance with the Act.

The Land Management Bureau of the Department of Environment and Natural Resources (DENR) and
other concerned agencies are hereby directed to assist and facilitate the necessary processing and
documentation to effect the transfer herein ordered.
Section 2. The properties subject of the foregoing transfer shall be appraised to determine the
appropriate valuation to be entered into the books of accounts of the BCDA as part of its
capitalization in accordance with Section 6 of the Act.

Section 3. The portions of Metro Manila military camps specified in the disposition timetable
hereinbelow shall be utilized for the funds generation program consisting of fast track projects that
will provide supplemental capital for the BCDA in addition to such other funds as may be made
available for the conversion program pursuant to the Act.

3.1. The following properties shall be disposed of within 15 months from the effectivity of this
Order:

MILITARY CAMP AREA (in hectares)

1. Fort Bonifacio

Heritage Park 96

Military Housing 10 (pilot project

Mixed Commercial/Industrial Center 140

2. Villamor 2.7 (unused portion)

3. Camp Claudio 2 (unused portion)

4. Camp Bago Bantay 5

5. Jusmag Compound 0.14

3.2. The following properties shall be disposed of within 3 years from the effectivity of this Order:

MILITARY CAMP AREA (in hectares)

1. Camp Ver 1.95

2. Camp Melchor 1.0

3. Camp Atienza 4.9


Pursuant to Section 8 of the Act, additional areas of Fort Bonifacio and Villamor Air Base may be
identified for disposition after the implementation of the funds generation projects enumerated under
subsection 3.1 hereof.

Section 4. The BCDA is hereby authorized to enter into a Memorandum of Agreement with the PEA or
other government or private corporations which shall serve as Project Manager for purposes of
implementing the funds generation projects at the abovestated portions of Fort Bonifacio and
Villamor Air Base. The Memorandum of Agreement shall define the responsibilities of the parties and
the other terms and conditions of the contractual arrangement.

Section 5. The appropriate government entities which shall include but not be limited to the DND/AFP,
DENR, PNB, Securities and Exchange Commission, HLURB and National Housing Authority are hereby
directed within the limit of their respective legal mandates, to extend to the BCDA such assistance as
may be necessary in the implementation of the funds generation program.

Access to development works and related matters shall be coordinated with the DND/AFP.

Section 6. All Executive Orders, Administrative Orders, and other issuances, inconsistent herewith are
hereby deemed repealed, modified or amended accordingly.

Section 7. This Order shall take effect immediately.

DONE in the City of Manila, this 8th day of December in the year of Our Lord, Nineteen Hundred and Ninety
Two.

(Sgd.) FIDEL V. RAMOS


President of the Philippines

By the President:

(Sgd.) EDELMIRO A. AMANTE, SR.


Executive Secretary

Source: Presidential Management Staff

Office of the President of the Philippines. (1992). [Executive Order Nos. : 1-125]. Manila : Presidential
Management Staff.
19921208-EO-0040… 1 /4 100%

RESOURCES

[PDF] Executive Order No. 40, December 8, 1992


(https://www.officialgazette.gov.ph/downloads/1992/12dec/19921208-EO-0040-FVR.pdf)

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