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PRESIDENTIAL DECREE NO. 511
PRESIDENTIAL DECREE NO. 511
- AMENDING FURTHER PRESIDENTIAL DECREE NO. 412 PROVIDING FOR THE
DISPOSITION, DEVELOPMENT AND UTILIZATION OF GUANO DEPOSITS FOR
FERTILIZER PURPOSES
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WHEREAS, it
is necessary to further hasten the development and utilization of the
guano resources in order to alleviate the fertilizer shortage and boost
agricultural production especially production through the "Palayan Ng
Bayan" program of the government;chanroblesvirtualawlibrary
WHEREAS, the amendment of certain provisions of Presidential Decree No.
412 providing for the disposition, development and utilization of guano
deposits for fertilizer purposes has been strongly recommended by the
Director of Mines and the Assistant Executive Secretary to further
hasten the development and utilization of guano resources to boost
agricultural production;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
decree and order:cralaw:red
Section 1. Section 5 of the Presidential Decree No.
412 providing for the disposition, development and utilization of guano
deposits for fertilizer purposes is hereby amended to read as
follows: chanroblesvirtualawlibrary
"Sec. 5. Permit Revocable in Nature. — Permits issued
under this Decree may be revoked any time by the Director of Mines, the
proper Mines Regional Officer, or other duly authorized deputy of the
Director of Mines where in his opinion public interest so requires or
for causes provided hereunder. The decision of the director of Mines,
the proper Mines Regional Officer of other duly authorized deputy of
the Director of Mines, however, may be appealed to the Secretary of
Natural Resources within five (5) days from receipt thereof by the
party adversely affected. In either case, the decision shall be
immediately executory. When a permit, however, is revoked through no
fault of the permittee, he shall be entitled to a refund of the fees
paid by him in advance, if any, for the quantity of guano not yet
removed at the time he is duly advised of the revocation.
Section 2. Section 7, paragraph (h) of the same
Decree is hereby amended to read as follows:cralaw:red
"Sec. 7. Specific Conditions Under Which Permit is
Issued. — Permits granted under this Decree shall be subject to the
following terms and conditions:cralaw:red
xxx
xxx
xxx
(h) The permit shall be subject to existing rights,
the provisions of existing laws, the provisions of this Decree, and the
rules and regulations on the matter; Provided, That the term "existing
rights" shall not include subsisting claims covered only by
declarations of location. However, such claims may be included in the
term provided that they have been surveyed or the boundaries thereof
have been well established at the time this decree takes effect."
Section 3. Section 10 of the same Decree is hereby
amended to read as follows: chanroblesvirtualawlibrary
"Sec. 10. Quantity of Guano Allowed a Permittee. — A
gratuitous permittee shall be allowed to remove or extract not more
than two thousand kilos (2,000 kg.) of guano and a commercial permittee
shall be allowed such quantity as may be specified in the permit,
Provided, That a government agency granted a gratuitous permit shall be
allowed to remove or extract guano in excess of two thousand kilos
(2,000 kg.) for official use, and Provided, further, That the need for
such excess and the quantity thereof shall be certified by the Bureau
of Soils."
Section 4. All existing laws, orders, decrees, rules
and regulations inconsistent with this Decree are hereby repealed
and/or modified accordingly.
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 19th day of July, in the year of our Lord, nineteen hundred and
seventy-four.
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