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PRESIDENTIAL DECREE NO. 1101
PRESIDENTIAL DECREE NO. 1101 -
DECLARING AREAS CONTAINING RADIOACTIVE MINERALS OPEN TO MINING LOCATION
AND DISPOSITION
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WHEREAS,
radioactive minerals containing uranium, thorium and other elements are
strategic minerals needed for the development of nuclear power and
other critical uses;chanroblesvirtualawlibrary
WHEREAS, the critical shortage of petroleum and other sources of power
and fuel for the security of the State and heightened the importance
and necessity of finding radioactive minerals in the country;chanroblesvirtualawlibrary
WHEREAS, the existence and deposition of radioactive minerals in the
Philippines has to-date been merely indicated but not proven in a few
areas in the Philippines; and
WHEREAS, it is necessary that all areas containing radioactive mineral
resources can be explored and developed for purposes aforestated;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the power vested in me by the Constitution, do hereby
decree and order the following: chanroblesvirtualawlibrary
Section 1. Radioactive minerals are those which
contain uranium, thorium and other elements occurring singly or in
association with other minerals from which radioactive power and
substances may be generated or produced.
Section 2. Areas containing radioactive minerals are
open to mining location, registration, exploration, development and
exploitation, and those who have discovered radioactive minerals and
registered the same with the Bureau of Mines and verified by the
Director of Mines to be existing in sufficiently exploitable quantity
shall be entitled to a bonus of not less than P10,000.
Section 3. The discovery, location, registration,
exploration and exploitation of mineral deposits under existing mining
laws and decrees shall include the right to radioactive minerals that
may be found within the mining claim or area located, leased or
acquired, subject to the provisions of Section 2 hereof.
Section 4. The lessees/operators of areas containing
radioactive minerals may process, manufacture or refine the said
radioactive minerals: Provided, That the products derived therefrom
shall be sold or disposed of only to the Government at prevailing
international price, or the lessee/operator thereof shall be reimbursed
of all costs of production plus a certain percentage as a margin of
profit as recommended by the Secretary of Natural Resources and
approved by the President of the Philippines.
Section 5. Lessees/operators who cannot process,
manufacture or refine radioactive minerals and extract products
therefrom shall segregate the ores containing said radioactive elements
and stockpile the same in areas designated by the Government, and said
lessees/operators shall be paid by the Government not more than thirty
per centum (30%) of the price of said recoverable radioactive minerals
and also not more than thirty per centum (30%) of the price of other
recoverable metals upon delivery, and the balance, if any, to be paid
after the sale of the recovered products less charges and costs
incurred in milling, transporting and marketing thereof, and the taxes
and other expenses due thereon. chanroblesvirtualawlibrary
Section 6. The lessees/operators mentioned in
Sections 4 and 5 hereof shall be entitled to benefits and/or incentives
such as, but not limited to, accelerated depreciation of equipment,
foreign loans and contracts, preference in grant of Government loans,
tax exemption on imported capital equipment, tax credit on domestic
capital equipment, net operating loss carry over, and exemption from
the payment of all taxes except income tax, in so far as radioactive
minerals are concerned, for the period provided under Presidential
Decree No. 463: Provided, That the taxable income derived from the
proceeds of the operations of radioactive minerals shall be reduced by
twenty per centum (20%) if such amount so deducted shall be channelled
to the exploration and exploitation of said radioactive minerals.
Section 7. Lessees/operators shall include in their
exploration program surveys for radioactive minerals within their
leased premises, and that findings shall be included in their reports
submitted to the Director of Mines.
Section 8. Presidential Decree No. 647 is hereby
repealed; and all laws, decrees, orders, rules and regulations or parts
thereof inconsistent with this decree are repealed or modified
accordingly.
Section 9. This Decree shall take effect immediately.
Done in the City of Manila,
this 28th day of February, in the year of Our Lord, nineteen hundred
and seventy-seven.
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