PROVIDING GUIDELINES FOR THE DEVELOPMENT AND UTILIZATION OF SMALL OR SUB-COMMERCIAL DEPOSITS OF NATURAL MARSH GAS OR METHANE GAS IN THE PHILIPPINES, AND GRANTING GRATUITOUS PERMITS THEREFOR.

• Number: Presidential Decree No. 508
• Sections: 11

Preamble

WHEREAS, natural marsh gas or methane gas in small

sub-commercial deposits abound throughout the country;

WHEREAS, the development and utilization of said natural

marsh gas or methane gas is in accordance with, the policy of the

government to develop other sources of energy;

WHEREAS, the development and utilization of these natural

marsh gas or methane gas deposits do not require huge capital

investments and highly specialized technical knowledge; and consequently

are easier to develop;

WHEREAS, the Government must open these deposits for

development and utilization and encourage their development and

utilization;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers in me vested by the Constitution,

do hereby decree and order as part of the law of the land the following:

Section 1

SECTION 1. All small or sub-commercial natural marsh gas or

methane gas deposits found in any public or private lands, not exceeding

1000 feet in depth and not associated with crude oil deposit, within

the territorial limits of the Philippines which are within free areas,

national reserve areas, in any other areas not covered by valid and

subsisting petroleum exploration or exploitation concessions, or by

service contracts entered with the Government under Presidential Decree

No. 87, may be developed for household use or utilized for small-scale

industrial development.

Section 2

SEC. 2. Any citizen of the Philippines, of legal age,

having the capacity to contract and not convicted of any offense

involving moral turpitude, or any association of individuals in the form

of partnership or corporations duly organized and constituted under the

laws of the Philippines, and at least sixty percent (60%) of the

capital of which is and shall at all times be held and owned by citizens

of the Philippines, may apply for a gratuitous permit to undertake the

development and utilization of small or sub-commercial deposits of

natural marsh gas or methane gas.

Section 3

SEC. 3. An application for a gratuitous permit shall be

filed with the Director of Mines, Manila, paying therefor a filing fee

of P20.00. Upon compliance with all the requirements relative thereto, a

permit shall be issued by the Director of Mines after which the

permittee shall start the development and utilization of the gas

deposits found within the area of his permit for household use or for

small scale industrial development. A permittee shall in no case be

entitled to more than one (1) permit for every petroleum region at any

one time.

The area to be covered by a gratuitous permit application shall be

not more than twenty (20) hectares, in a block rectangular in shape,

and as much as possible the larger sides of the rectangle shall not be

more than five times the shorter sides.

Section 4

SEC. 4. A permit

area may be validly covered by a subsequent petroleum exploration

concession granted under the Petroleum Act of 1949, as amended, or by

service contract entered with the Government under Presidential Decree

No. 87, but no gratuitous permit shall be issued by the Director of

Mines on an area already covered by an existing permit or lease granted

under Republic Act No. 5092, and in accordance with the rules and

regulations promulgated thereunder and on any area where natural gas or

methane gas deposits are more than 1000 feet deep or when these deposits

are associated with crude oil.

Section 5

SEC. 5. The permittee shall have the right to enter any

private land covered by his permit to conduct work thereon. If,

however, the owner of such private land or its legal occupant denies him

such right, he may apply for permission to enter such land, and upon

posting such bond as may be fixed by the Director of Mines shall be

issued an order allowing him such right pending the final determination

of the proper amount that shall be paid by the permittee to the

landowner or legal occupant.

Section 6

SEC. 6. The permittee shall conduct operations on the

area covered by his permit, a monthly operations of which shall be

submitted by him to the Director of Mines for record and information.

Section 7

SEC. 7. The term of this permit shall be for a period of

two (2) years from the issuance thereof, renewable for another like

period upon compliance with the terms of the permit. Should production

be attained within the four (4) years period the permit may be extended

for a series of 2 years period each but in no case to exceed a total of

fourteen (14) years, if warranted by continuing gas production. Failure,

however, of the permittee to conduct operations on the area within one

(1) year shall be a cause for the cancellation of his permit.

Section 8

SEC. 8. The Director of Mines is hereby authorized to

assume jurisdiction and is charged with carrying out these guidelines to

end that the utilization and development of these gas deposits shall be

duly encouraged and properly regulated.

He shall prescribe the terms and conditions of the gratuitous

permit to be issued, and the necessary application form therefor.

Section 9

SEC. 9. As used herein, the following terms shall have the

following respective meanings:

Natural Marsh Gas or Methane Gas. — light, odorless,

colorless, and inflammable gaseous hydrocarbon, occurring naturally as a

product of decomposition or organic matter in marshes and mines.

Free Areas. — all lands within the territorial limits of

the Philippines excluding those submerged beneath bays, lakes,

rivers or lagoons, but which are not within the, or including, national

reserve areas, petroleum reservation, or covered by valid and existing

exploration or exploitation concessions, or petroleum drilling leases

acquired under the Petroleum Act (Act No. 2932), or of petroleum

mining claims located and held under the Act of Congress of July 1,

1902, as amended.

National Reserve Areas. — areas which have been

included in any exploration or exploitation concession but which have

been subsequently given up by the concessionaire voluntarily or in

accordance with the requirement of Article 50 and 53 of the Petroleum

Act of 1949, as amended; or areas covered by exploration or

exploitation concession which have expired or have been

cancelled; or areas which have been included within any of the two kinds

of concessions but which are found to be in excess the maximum areas

allowed by the Petroleum Act of 1949, as amended, for such concession.

Permittee. — a person, association, partnership or

corporation who is a holder of a gratuitous permit to develop and

utilize natural marsh gas or methane gas.

Section 10

SEC. 10. This Decree shall take effect immediately.

Done in the City of Manila, this 16th day of July, in year of

Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary