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PRESIDENTIAL DECREE NO. 1178
PRESIDENTIAL DECREE NO. 1178 -
MANAGEMENT AND REGULATION OF AERIAL PHOTOGRAPHY AND MAPPING ACTIVITIES
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WHEREAS,
maps are necessary tools in the planning, execution and coordination of
programs for national development and security;chanroblesvirtualawlibrary
WHEREAS, pursuant to the Integrated Reorganization Plan (PD No. 1), the
Board of Technical Surveys and Maps created by Republic Act No. 2912,
has been abolished and its functions absorbed by the Bureau of Coast
and Geodetic Survey;chanroblesvirtualawlibrary
WHEREAS, there is a need to strengthen Executive Order No. 16, dated
August 20, 1962, which permits the taking of aerial photography for
surveying and mapping purposes, provided permission is secured from the
Department of National Defense;chanroblesvirtualawlibrary
WHEREAS, the aforecited Republic Act No. 2912 and Executive Order No.
16 do not provide any penalty provision for violation of the rules and
regulations prescribed by the Department of National Defense to the
detriment of national interest and security;chanroblesvirtualawlibrary
WHEREAS, there is urgent need to institute effective centralized
control of aerial photography and mapping activities under one
Department in order to reconcile and simplify these two fundamental
requirements of national development and security;chanroblesvirtualawlibrary
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 the following as part of the law of the land:cralaw:red
Section 1. Policy. — It is hereby declared as the
policy of the State (1) to be self-reliant in the production and
maintenance of maps, charts and similar cartographic materials; (b) to
promote and maximize efficiency in surveying and mapping activities
through integration and coordination of related activities and
institution of effective monitoring, supervision and control measures;
(c) to encourage interagency exchange and utilization of photographic
and mapping information; (d) to centralize planning of aerial
photography and base map production under the Department of National
Defense; (e) that all negatives and other reproducibles of aerial
photography shall be considered the property of the State, in
accordance with rules and regulations to be prescribed by the Secretary
of National Defense; (f) that all original aerial photographs and its
by-products, unless classified, shall be deposited with the Bureau of
Coast and Geodetic Survey for effective utilization; and (g) that all
procedures relative to these policies shall be simplified to obtain
maximum economic benefits without sacrificing security. chanroblesvirtualawlibrary
Section 2. Control. — The Secretary of National
Defense shall exercise control and supervision over the conduct of
aerial photography and photomapping activities, including the
processing, handling, distribution, reproduction, safekeeping and final
disposition of all aerial photography and other reproduction mapping
materials.
Section 3. Mapping Activities. —
a. The Department of National Defense shall initiate,
develop and implement a continuing program of aerial photography and
base mapping covering the entire country, in coordination with other
surveying and mapping agencies in the Government, consistent with the
requirements of national development and security.
b. Mapping activities of all government agencies and
private enterprises shall be coordinated with the Bureau of Coast and
Geodetic Survey in order to maximize utilization of existing aerial
photography and mapping information. chanroblesvirtualawlibrary
c. No aerial photography shall be taken without prior
clearance from the Secretary of National Defense or his duly designated
representative. chanroblesvirtualawlibrary
d. There shall be a continuing evaluation of aerial
photographs and maps for the purpose of declassification.
e. Only persons cleared by the Secretary of National
Defense or his duly authorized representative shall have access to
classified photographs, maps and other reproducible materials.
Section 4. Ownership and Depository of Aerial
Photographs. —
a. All negatives and reproducibles of aerial
photographs shall belong to the State, in accordance with rules and
regulations to be prescribed by the Secretary of National Defense.
b. All negatives and reproducibles of classified
aerial photographs shall be deposited with the Armed Forces of the
Philippines. When declassified they shall be deposited with the Bureau
of Coast and Geodetic Survey and copies thereof may be made available
to any person, firm or entity.
Section 5. Rules and Procedures. — The Secretary of
National Defense shall prescribe rules and procedures to govern the
taking, handling, processing, distribution, reproduction, safekeeping,
utilization and final disposition of all aerial photographs, maps,
reproducibles and other mapping materials by government agencies and
private firms involved in surveying, aerial photography and mapping
activities.
Section 6. Penalties. —
a. Any person convicted for the unauthorized sale,
use or improper disposition of aerial photographs and/or its
reproducibles covering any installation or any part within the
territorial limits of the Philippines with a security classification of
SECRET or higher, shall be punished by imprisonment from six (6) to
twelve (12) years or shall pay a fine not exceeding TWENTY THOUSAND
PESOS (P20,000.00) or both as the court may direct.
b. Any person convicted for the unauthorized sale use
or improper disposition of aerial photographs and/or its reproducibles
covering any installation or any part within the territorial limits of
the Philippines with a security classification of CONFIDENTIAL, shall
be punished by imprisonment from six (6) months to six (6) years, or
shall pay a fine not exceeding TEN THOUSAND PESOS (P10,000.00) or both
as the court may direct. chanroblesvirtualawlibrary
Section 7. Repealing Clause. — Republic Act Numbered
2912 is hereby repealed. Any provisions of existing laws, rules and
regulations in conflict with this Decree are also hereby modified or
repealed accordingly.
Section 8. Effectivity. — This Decree shall take
effect immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 12th day of August, in the year of Our Lord, nineteen hundred and
seventy-seven.
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Since 19.07.98
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