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PRESIDENTIAL DECREE NO. 1305
PRESIDENTIAL DECREE NO. 1305 -
CREATING THE MINERAL RESERVATIONS DEVELOPMENT BOARD, DEFINING ITS
POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES
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WHEREAS,
there are at present three existing mineral reservations, namely: the
Surigao Mineral Reservation, the Zambales Mineral Clay Reservation, the
operation, administration and management of which are under the
jurisdiction of different government agencies and governed by different
laws, rules and regulations and policies;chanroblesvirtualawlibrary
WHEREAS, under the provisions of Presidential Decree No. 463, offshore
areas are also established as mineral reservations; chanroblesvirtualawlibrary
WHEREAS, considering the depleting nature of mineral resources, the
intensive capital requirement for their development, and the dependence
of most of our mineral products on international markets, there is a
need for integrated, systematic, and continuing studies, researches and
monitoring of the economic, financial, and market factors, as well as
the technological changes, affecting the mineral industry in order to
support effective formulation of national policies, strategies and
plans with respect to mineral reservations;chanroblesvirtualawlibrary
WHEREAS, the establishment of more mineral reservations in accordance
with the provisions of Presidential Decree No. 463 would enable the
Government to further promote wise and efficient disposition,
development, exploitation, utilization and conservation of our minerals
in order to maximize national benefits therefrom, for the present and
future generations;chanroblesvirtualawlibrary
WHEREAS, there is a need to create a governing body to manage and
administer mineral reservations, and determine the modes of disposition
of the areas covered thereby;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Governing Body. — There is hereby created
a Mineral Reservations Development Board, hereinafter referred to as
the "Board", composed of the Secretary of Natural Resources as
Chairman, and the Secretary of Finance, the Governor of the Central
Bank, the Secretary of Justice, the Secretary of Economic Planning, the
Chairman of the Board of Investments, and the Director of Mines, as
Members. The Director of Mines shall be its Executive Officer. The
Board shall be attached to the Department of Natural Resources. chanroblesvirtualawlibrary
Section 2. Domicile and Term. — The Board shall hold
office in Metropolitan and shall hold meetings at such places to be
designated by its Chairman. The term of office of the Chairman and
members of the Board shall be at the discretion of the President of the
Philippines.
Section 3. Powers and Functions of the Board. — In
accordance with the provisions and objectives of this Decree, the Board
shall:cralaw:red
(a) Formulate policies governing the disposition,
development, exploitation, utilization and conservation of mineral
resources within reservations and promulgate such rules and regulations
as may be necessary to implement the intent and provisions of this
Decree;chanroblesvirtualawlibrary
(b) Undertake integrated national planning for the
development of mineral reservations with the end in view of
rationalizing the same;chanroblesvirtualawlibrary
(c) Initiate and promote studies and researches on
mineral management, financing, marketing, and technology for mineral
reservations;chanroblesvirtualawlibrary
(d) Subject to the approval of the President of the
Philippines, enter into contracts with or without public bidding, with
any person or entity, domestic or foreign, and with governments for the
development, exploitation and utilization of mineral resources within
mineral reservations;chanroblesvirtualawlibrary
(e) Provide for the manner and form of the income tax
payments, the reimbursement of operating expenses, the payment of
service fees, and the assessment of charges for services rendered;chanroblesvirtualawlibrary
(f) Exercise the right of eminent domain as may be
necessary for the purpose for which the Board was created;chanroblesvirtualawlibrary
(g) Acquire easement over public and private lands
necessary for the purposes of carrying out any work essential to the
development, exploitation, and utilization of mineral resources within
mineral reservations;chanroblesvirtualawlibrary
(h) Engage the services of experts and consultants,
local or foreign, when needed to implement the provisions of this
Decree;chanroblesvirtualawlibrary
(i) Require contractors and/or operators to submit
all technical reports and records of operations; chanroblesvirtualawlibrary
(j) Establish and maintain an educational programme
for sustained development of necessary manpower to manage and operate
its affairs;chanroblesvirtualawlibrary
(k) Organize an office and appoint, discipline and/or
remove, and determine the compensation of, its technical staff and
other personnel: Provided, That positions which highly technical or
primarily confidential shall not be subject to the laws, rules and
regulations of the Civil Service Commission and of the Office of
Compensation and Position Classification;chanroblesvirtualawlibrary
(l) Submit to the President of the Philippines an
annual report on its activities with appropriate recommendations within
three months after the close of every fiscal year; and
(m) Generally, exercise all powers necessary or
incidental to attain the objective of this Decree.
Section 4. Scope of Board Authority. — All existing
mineral reservations including contracts and operating agreements
entered into by the Government covering areas therein, shall be subject
to the jurisdiction of the Board. Likewise, all mineral reservations
that may later be established shall be under jurisdiction of the Board.
Section 5. Transfer of Functions, Powers and Duties.
— The functions, powers and duties, together with applicable
appropriations, records, equipment, property and personnel of the
Surigao Mineral Reservation Board are hereby transferred to the Board.
Section 6. Appropriations. — For the purpose of
carrying out the provisions of this Decree the amount of Five Million
(P5,000.00) Pesos is hereby authorized to be appropriated from the
funds of the National Treasury not otherwise appropriated, and the same
shall be included in the General Appropriations Act to cover the
expenses including salaries, wages, allowances and per diems of the
Chairman and members of the Board, its staff and personnel.
Any provision of law to the contrary notwithstanding, the Chairman
shall receive per diem of three hundred (P300.00) Pesos and the members
thereof shall receive two hundred (P200.00) Pesos for every meeting
actually attended.
Section 7. Assistance. — Other government offices and
Government-owned or controlled corporations shall extend whatever
assistance may be needed by the Board, including the detail of its
officials and employees to the Board on full-time or part-time basis
under such arrangement satisfactory to the Board and the other
Government offices or corporations concerned. Said officials and
employees may receive allowances and other emoluments, notwithstanding
the provisions of any law to the contrary.
Nothing in this Decree or other Decree or law shall preclude the
government, thru the Board, from negotiating or entering into agreement
with any foreign country or government for assistance in terms of
equipment, technology transfer and financing for the development of the
mineral deposits within the mineral reservations. chanroblesvirtualawlibrary
Section 8. Allocation of Revenues. — Ten per centum
(10%) of all royalties and revenues to be derived by the Government
from the development, exploitation and utilization of the mineral
resources within the mineral reservations a provided for under this
Decree shall accrue to the Board and the Bureau of Mines, and shall be
allotted for the undertaking of special projects and for the
exploration and development of other mineralized Government
reservations: Provided, that twenty-five per centum (25%) of said
amount shall accrue to the Board while the balance of seventy-five per
centum (75%) shall accrue to the Bureau of Mines. chanroblesvirtualawlibrary
Section 9. Repealing Clause. — All laws, decrees,
rules, and regulations or parts thereof inconsistent with any provision
or provisions of this Decree are hereby repealed or modified
accordingly.
Section 10. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 27th day of February, in the year of Our Lord, nineteen hundred
and seventy-eight.
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