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PRESIDENTIAL DECREE NO. 910
PRESIDENTIAL DECREE NO. 910 -
CREATING AN ENERGY DEVELOPMENT BOARD, DEFINING ITS POWERS AND
FUNCTIONS, PROVIDING FUNDS, THEREFOR, AND FOR OTHER PURPOSES
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WHEREAS,
there is need to intensify, strengthen, and consolidate government
efforts relating to the exploration, exploitation and development of
indigenous energy resources vital to economic growth;chanroblesvirtualawlibrary
WHEREAS, it is imperative that government accelerate the pace of, and
focus special attention on, energy exploration, exploitation and
development in the light of encouraging results in recent oil
exploration and of world-wide developments affecting our continued
industrial progress and well-being; and chanroblesvirtualawlibrary
WHEREAS, it is essential in the interest of efficiency, economy, and
effectiveness to integrate and coordinate through a single governmental
entity the functions of various agencies pertaining to the exploration
and development of indigenous extracted resources.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following to be part of the law of the land:cralaw:red
Section 1. Declaration of Policy. — It is declared
policy of the State to achieve self-reliance in the country's energy
requirements primarily through the intensified and coordinated
exploration, exploitation and development of indigenous energy
resources in order to accelerate overall economic growth.
Section 2. Creation of the Energy Development Board.
— To implement the aforesaid policy, there is hereby created an Energy
Development Board, hereinafter referred to as the Board, which shall be
composed of the Secretary of Finance, Secretary of Industry, Secretary
of Justice, Secretary of National Defense, Secretary of Economic
Planning, Secretary of Natural Resources, and the Chairman of the
Philippine National Oil Company. The President of the Philippines shall
designate the Chairman of the Board from among its members.
The officials next in rank to the members of the Board, as designated
by them, shall serve as alternate members. They shall attend the
meetings of the Board whenever their principals are absent or their
positions are vacant. chanroblesvirtualawlibrary
Section 3. Powers and Functions of the Board. — The
Board shall have the following powers and functions:cralaw:red
a. Formulate policies and implement and coordinate
all activities of the government relative to the exploration,
exploitation and development, and extraction of energy resources
including fossil fuels such as petroleum, coal, natural gas and gas
liquids; geothermal resources; nuclear fuel resources; and other less
conventional existing and potential forms of indigenous energy
resources;chanroblesvirtualawlibrary
b. Establish and administer a comprehensive and
integrated program for the exploration, exploitation, development, and
extraction of fossil and nuclear fuels, geothermal resources, and other
less conventional forms of indigenous extracted energy resources;chanroblesvirtualawlibrary
c. Undertake by itself or through other arrangements,
such as service contracts, the active exploration, exploitation,
development, and extraction of energy resources in selected areas
and/or in government reservations;chanroblesvirtualawlibrary
d. Regulate all activities relative to the
exploration, exploitation, development, and extraction of fossil and
nuclear fuels and geothermal resources and, where necessary, prescribe
and collect fees in the exercise of such power;chanroblesvirtualawlibrary
e. Assess, review and provide direction to energy
research and development programs including identification of sources
of energy and determination of their commercial feasibility for
development;chanroblesvirtualawlibrary
f. Exercise the powers and functions of the abolished
Petroleum Board transferred to the Board under Section 5 of this
Decree; chanroblesvirtualawlibrary
g. Coordinate, review and approve plans and programs
of the Power Development Council which is hereby attached to the Board;chanroblesvirtualawlibrary
h. Promulgate such rules and regulations as may be
necessary to implement the objectives and provisions of this Decree;
and
i. Exercise all powers necessary or incidental to
attain the objectives of this Decree.
Section 4. Officials and Employees of the Board. —
The Board shall be assisted by an Executive Director appointed by the
Board. Any provision of law to the contrary notwithstanding the Board
shall appoint the officers and employees of the Board, fix their
compensation, allowances and benefits, their working hours and such
other conditions of employment as it may deem proper, grant them leaves
of absence under such regulations as it may promulgate, discipline
and/or remove for cause, and establish and maintain a recruitment and
merit system.
Section 5. Abolition of the Petroleum Board. — The
Petroleum Board is hereby abolished and its powers and functions are
transferred to the Board together with applicable funds and
appropriations, records, equipment, property, and such personnel as may
be necessary.
Section 6. Transfer of the Functions of the Bureau of
Mines and/or the Department of Natural Resources. — The powers and
functions of the Bureau of Mines and/or the Department of Natural
Resources relative to the exploration, development, and administration
of coal bearing lands as provided for in Presidential Decree No. 463
and Act No. 2719, as amended are transferred to the Board. The powers
and functions of the Bureau of Mines and/or the Department of Natural
Resources under Republic Act No. 5092 and other laws relating to the
promotion and regulation of the exploration, exploitation and
development of geothermal energy, natural gas and methane gas are
likewise transferred to the Board. Such transfer shall include
applicable records, equipment, property, funds and appropriations, and
such personnel as may be necessary.
Section 7. Philippine National Petroleum Center. —
The Philippine National Petroleum Center shall be under the supervision
and control of the Board.
Section 8. Appropriations. — The sum of Five Million
Pesos out of any available funds from the National Treasury is hereby
appropriated and authorized to be released for the organization of the
Board and its initial operations. Henceforth, funds sufficient to fully
carry out the functions and objectives of the Board shall be
appropriated every fiscal year in the General Appropriations Act.
All fees, revenues and receipts of the Board from any and all sources
including receipts from service contracts and agreements such as
application and processing fees, signature bonus, discovery bonus,
production bonus; all money collected from concessionaires,
representing unspent work obligations, fines and penalties under the
Petroleum Act of 1949; as well as the government share representing
royalties, rentals, production share on service contracts and similar
payments on the exploration, development and exploitation of energy
resources, shall form part of a Special Fund to be used to finance
energy resource development and exploitation programs and projects of
the government and for such other purposes as may be hereafter directed
by the President.
Section 9. Reports. — The Board shall, within three
months after the end of every fiscal year, submit its annual report to
the President. The annual report shall include an energy development
plan insofar as the exploration, exploitation, development, and
extraction of indigenous extracted energy resources are concerned. It
shall likewise submit such periodic or other reports as may be required
of it from time to time.
Section 10. Separability Clause. — Should any
provision of this Decree be held unconstitutional, no other provision
hereof shall be affected thereby.
Section 11. Repealing Clause. — All laws, decrees,
executive orders, administrative orders, rules or regulations
inconsistent herewith are hereby repealed, amended or modified
accordingly. chanroblesvirtualawlibrary
Section 12. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 22nd day of March, in the year of Our Lord, nineteen hundred and
seventy-six.
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