Presidential Decree No. 511 (PD 511) — Amending Further Presidential Decree No. 412 Providing for the Disposition, Development and Utilization of Guano Deposits for Fertilizer Purposes.
WHEREAS, it is necessary to further hasten the development
and utilization of the guano resources in order to alleviate the
fertilizer shortage and boost agricultural production especially
production through the "Palayan Ng Bayan" program of the government;
WHEREAS, the amendment of certain provisions of Presidential
Decree No. 412 providing for the disposition, development and
utilization of guano deposits for fertilizer purposes has been strongly
recommended by the Director of Mines and the Assistant Executive
Secretary to further hasten the development and utilization of guano
resources to boost agricultural production;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution do
hereby decree and order:
SECTION 1. Section 5 of Presidential Decree No. 412
providing for the disposition, development and utilization of guano
deposits for fertilizer purposes is hereby amended to read as follows:
"SEC. 5. Permit Revocable in Nature. — Permits
issued under this Decree may be revoked any time by the Director of
Mines, the proper Mines Regional Officer, or other duly authorized
deputy of the Director of Mines where in this opinion public interest so
requires or for causes provided hereunder. The decision of the director
of Mines, the proper Mines Regional Officer or other duly authorized
deputy of the Director of Mines, however, may be appealed to the
Secretary of 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 any, for the quantity of guano not yet
removed at the time he is duly advised of the revocation.
SEC. 2. Section 7, paragraph (h) of the same Decree is
hereby amended to read as follows:
"SEC. 7. Specific Conditions Under Which Permit is
Issued. — Permits granted under this Decree shall be subject to the
following terms and conditions:
* * * * *
* *
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; Provided, That the term
"existing rights" shall not include subsisting claims covered only by
declarations of location. However, such claims may be included in the
term provided that they have been surveyed or the boundaries thereof
have been well established at the time this decree takes effect."
SEC. 3. Section 10 of the same Decree is hereby amended to
read as follows:
"SEC. 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: Provided,
That a government agency granted a gratuitous permit shall be allowed
to remove or extract guano in excess of two thousand kilos (2,000 kg.)
for official use: And provided further, That the need for such
excess and the quantity thereof shall be certified by the Bureau of
Soils."
SEC. 4. All existing laws, orders, decrees, rules and
regulations inconsistent with this Decree are hereby repealed and/or
modified accordingly.
SEC. 5. This Decree shall take effect immediately.
Done in the City of Manila, this 19th day of July, in the 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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
