A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 412
PRESIDENTIAL DECREE NO. 412 -
PROVIDING FOR THE DISPOSITION, DEVELOPMENT AND UTILIZATION OF GUANO
DEPOSITS FOR FERTILIZER PURPOSES
|
chanroblesvirtualawlibrary
WHEREAS,
the present oil crisis has brought about shortage and prohibitive
prices of fertilizer to the detriment of agricultural production;chanroblesvirtualawlibrary
WHEREAS, there have been found throughout the country several caves and
other areas containing guano deposits which may be utilized even in raw
form as fertilizer materials; chanroblesvirtualawlibrary
WHEREAS, to help alleviate fertilizer shortage and boost agricultural
production, the speedy development and utilization of the guano
resources is now imperative and necessary;chanroblesvirtualawlibrary
WHEREAS, in order to encourage the development of these guano
resources, the laws and rules governing applications for permits to
develop them must be simplified and made inexpensive.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of the Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, as amended, do hereby exclude guano
resources from the provisions of the Mining Act (Commonwealth Act No.
137, as amended), and provide hereunder the manner of disposition
thereof, as follows:cralaw:red
Section 1. Permit to Remove Guano. — No person,
corporation, partnership or association shall be allowed to remove,
take or collect guano deposits for fertilizer purposes within public or
private lands, whether in caves or other areas, except under a permit
duly issued in accordance with the provisions of this Decree.
Section 2. Kinds of Permit. — There shall be two
kinds of permit that may be issued under this Decree, namely:cralaw:red
(a) Gratuitous permit to be issued to individuals for
their personal use and to government agencies for official use; and
(b) Commercial permit to be issued to persons or
corporations or partnerships for sale of guano with or without
processing. chanroblesvirtualawlibrary
Section 3. Who May be Granted Permit. — Permits under
this Decree may be issued or granted to applicants who have complied
with the requirements provided herein and who possess the following
qualifications:cralaw:red
(a) In case of a gratuitous permit, the applicant
shall be of legal age and a citizen of the Philippines. A government
agency may also be granted this permit.
(b) In case of a commercial permit, the applicant, if
an individual, shall possess the qualifications prescribed in the
preceding paragraph and if a partnership or corporation, it should be
organized under the laws of the Philippines and duly registered with
the Securities and Exchange Commission, at least sixty per centum (60%)
of the capital of which is owned and held by citizens of the
Philippines. A certified copy of its duly registered articles of
incorporation or partnership should be submitted in support of the
application.
Section 4. Who May Issue Permit. — Upon application
filed in the prescribed form, the permit shall be issued by the
Director of Mines or by the Mines Regional Officers. As deputies of the
Director of Mines, the Mines Regional Officers shall issue permits
covering areas within their respective jurisdictions.
Section 5. Permit Revocable in Nature. — Permits
issued under this Decree may be revoked at any time by the Director of
Mines where in this opinion public interest so requires or for causes
provided hereunder. His decision, however, may be appealed to the
Secretary of Agriculture and 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 an, for the quantity of
guano not yet removed at the time he is duly advised of the revocation.
Section 6. Special Deputies. — In addition to the
Mines Regional Officers who are designated as deputies of the Director
of Mines in accordance with Section 4 hereof, the Secretary of
Agriculture and Natural Resources may designate any official of an
appropriate agency under his Department to act as deputy of the
Director of Mines in each province or city, as the case may be. The
deputies of the Director of Mines shall see to it that the areas within
their jurisdiction having potentials for guano shall not be encroached
upon by any unauthorized person, execute the decisions and orders of
the Director of Mines, and have authority to call for the assistance of
any peace officer within their jurisdiction for the enforcement of such
duties may be assigned to them.
Section 7. Specific Conditions Under Which Permit is
Issued. — Permits granted under this Decree shall be subject to the
following terms and conditions:cralaw:red
(a) Gratuitous permits shall be for the exclusive
personal or official use and benefit of the permittee; commercial
permits shall be for the extraction and sale of guano whether in its
natural or processed form;chanroblesvirtualawlibrary
(b) Removal or taking of guano shall be confined
within the cave or area specified in the permit, the location of which
shall be indicated in a sketch map and properly identified;chanroblesvirtualawlibrary
(c) Under justifiable circumstances, commercial
permittees shall allow gratuitous permittees to remove or take from the
cave or area of their permit the quantity of guano specified in their
permit for personal or government use. In the same manner, gratuitous
permittees shall allow other permittees to remove or take guano from
their cave or area;chanroblesvirtualawlibrary
(d) Permittees shall file quarterly with the Director
of Mines or Mines Regional Officer sworn statement of the quantity of
guano removed and the amount of fees paid therefor;chanroblesvirtualawlibrary
(e) The permit or a copy thereof shall be kept at the
site of operation and shall be made available at all times for
inspection by the representatives of the Secretary Agriculture and
Natural resources, the Director of Mines, the Mines Regional Officer,
or the local authorities;chanroblesvirtualawlibrary
(f) The removal or taking of guano for commercial
purposes shall be made only after proper notice to the Bureau of
Internal Revenue or its regional office or the municipal treasurer, and
the corresponding ad valorem tax under the Internal Revenue Code is
paid based on the gross value of the guano extracted or removed; chanroblesvirtualawlibrary
(g) The permittee shall immediately stop digging and
extracting guano the moment man-made articles or artifacts are found.
He shall notify the Director of National Museum of such findings, in
which case, the digging shall be under the supervision of the National
Museum until said artifacts are recovered;chanroblesvirtualawlibrary
(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;chanroblesvirtualawlibrary
(i) More than one permit may be issued to remove
guano from permit shall be issued for the same cave or area;chanroblesvirtualawlibrary
(j) The permit shall be surrendered to the Director
of Mines immediately on the day following its expiration or
cancellation;chanroblesvirtualawlibrary
(k) No explosives shall be used in extracting guano;
and
(l) Such other conditions that the Director of Mines
may specify in the permit.
Section 8. Contents of the Permit. — Permits shall
contain specific instructions and conditions to be complied with by the
permittee as regards its duration, cave or area covered, quantity of
guano to be removed or extracted, reports to be submitted and fees to
be paid in advance.
Section 9. Record of Guano Removed or Disposed of—
Gratuitous permittees shall keep a book or books of accounts wherein
there shall be entered daily the quantity of guano removed and the fees
paid therefor. In the case of commercial permittees, daily entry shall
be made on the quantity of guano extracted and sold, selling prices
thereof, identity and address of buyers and the fees and internal
revenue taxes paid.
Section 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.
Section 11. Fees. — The permit fee for gratuitous and
commercial permits shall be determined and fixed by the Director of
Mines but the same shall not be less than ten centavos (P0.10) per kilo
of guano removed. Fifty per centum (50%) of such fee shall accrue to
the province and fifty per centum (50%) to the municipality from where
the guano is extracted: Provided, That in case of cities the whole
amount shall accrue to the city concerned.
Section 12. Surcharges for Guano Removed in Excess of
the Quantity Authorized in the Permit. — The permittee shall pay twice
the fee due on guano removed or taken in excess of the quantity
authorized in the permit within thirty (30) days after demand.
Section 13. Purchase or Sale of Guano Illegally
Extracted. — Any purchase or sale of guano illegally extracted or
removed is prohibited. Violation of this provision shall be punishable
upon conviction by a fine of not less than one thousand pesos or
imprisonment of not exceeding two years or both at the discretion of
the court.
Section 14. Inspection by the Director of Mines or
Deputy Concerned. — The Director of Mines or his deputy concerned may
inspect from time to time the operations of the permittee to find out
if the latter has complied with the conditions of the permit, this
Decree and such rules and regulations that may be promulgated from time
to time by the Director of Mines. Noncompliance by the permittee or
violation of any provision of the permit shall be a cause for the
cancellation thereof and forfeiture of the fees paid in advance.
Section 15. Failure to Keep a Book of Accounts and
Submit Reports. — Failure of the permittee to keep book or books of
accounts wherein to record all transactions relative to the guano
removed or disposed, or failure to submit the required reports without
justifiable reasons, shall be sufficient ground for cancellation of the
permit and forfeiture of the fees: Provided, That all taxes due at the
time of the cancellation of the permit shall be deemed due and
payable. chanroblesvirtualawlibrary
Section 16. Repealing Clause. — All laws, decree,
orders, rules and regulations or parts thereof inconsistent with this
Decree are hereby repealed or modified accordingly.
Section 17. This Decree shall take effect immediately.
Done in the City of Manila,
this 15th day of March, in the year of Our Lord, nineteen hundred and
seventy-four.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|