Presidential Decree No. 910 (PD 910) — Creating an Energy Development Board, Defining Its Powers and Functions, Providing Funds, Therefor, and for Other Purposes
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;
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 worldwide developments affecting our
continued industrial progress and well-being; and
WHEREAS, it is essential in the interest of efficiency,
economy, and effectiveness to integrate and coordinate through a single
governmental entity the function and development of indigenous extracted
energy 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:
Declaration of Policy.
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 accelarate overall economic growth.
SEC. 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.
Powers and Functions of the Board.
SEC. 3. Powers and Functions of
the Board.—The Board shall have the following powers and functions:
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;
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;
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 reservation;
Regulate all activities relative to the exploitation,
development and extraction of fossil and nuclear fuels and geothermal
resources and where necessary, prescribe and collect fees in the
exercise of such powers.
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;
Exercise the powers and functions of the abolished Petroleum
Board transferred to the Board under Section 5 of this Decree;
Coordinate, review and approve plans and programs of the
Power Development Council which is hereby attached to
the Board.
Promulgate such rules and regulations as may be necessary to
implement the objectives and provisions of this Decree; and
Exercise all powers necessary or incidental to attain the
objectives of this Decree.
Officials and Employees of the Board.
SEC. 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 them for
cause, and established and maintain a recruitment and merit system.
Abolition of the Petroleum Board.
SEC 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.
SEC. 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 an
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.
Philippine National Petroleum Center.
SEC. 7. Philippine National Petroleum Center.—The
Philippine National Petroleum Center shall be under the supervision and
control of the Board.
Appropriations.
SEC. 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 fund 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.
Reports.
SEC. 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.
Separability Clause.
SEC. 10. Separability Clause.—Should any
provision of this Decree be held unconstitutional, no other provision
hereof shall be affected thereby.
Repealing Clause.
SEC. 11. Repealing Clause.—All laws, decrees,
executive orders, administrative orders, rules or regulations
inconsistent herewith are hereby repealed, amended or modified
accordingly.
Effectivity.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
JACOBO C. CLAVE
Presidential Executive Assistant
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
