Amending Paragraph (1), Section 6 of R.A. No. 1828 As Amended

January 16, 1981

PRESIDENTIAL DECREE NO. 1824

FURTHER AMENDING PARAGRAPH (1) OF SECTION 6 OF REPUBLIC ACT NO. 1828, AS AMENDED BY REPUBLIC ACT NOS. 2077 AND 4167 AND PRESIDENTIAL DECREE NOS. 1001 AND 1714

WHEREAS, the continued development of the Surigao Mineral Reservation is of utmost importance to the national economy;

WHEREAS, the tax exemption granted to the operator under Paragraph (1) of Section 6 of Republic Act No. 1828, as amended, will expire on 31 December 1981; and

WHEREAS, in view of the unabated increases in the cost of fuel oil and continued depressed world prices of nickel and cobalt, the development of the Surigao Mineral Reservation cannot be pursued unless the tax incentives granted to the operator are further extended.

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 the further amendment of paragraph (1) of Section 6 of Republic Act No. 1828, as amended, as follows:

SECTION 1. Paragraph (1) of Section 6 of Republic Act No. 1828, as amended, is hereby further amended to read as follows:

(1) The operator shall be paid for services rendered and expenditures incurred beginning with the end of the first year after the effective date of the contract the sum of one peso (P1.00) per year, and the operator shall receive by way of additional compensation, an amount equivalent to a portion of the gross annual receipts, from all minerals, mineral and metal products, and by-products resulting from the operation, processing, and disposition thereof computed such that the Government shall retain not less than three and one-half per centum of the gross annual receipts, f.o.b. point of exports: Provided, That the operator shall, until December 31, 1983, be exempt from all taxes, duties, fees and charges, both national and local, directly payable by it for any work or activity, equipment, machinery, materials, instruments, supplies, accessories, structures, buildings, lands, improvements and/or other properties directly connected with or needed and to be used or being used exclusively in the operation, other than those provided in this Act and except those fees and charges that are imposed for work or services actually rendered to the operator; Provided, however, That the operator shall put the area or areas covered by the contract into actual production within five years from the effective date of the contract. Thereafter, penalties may be applied against the operator for failure to effect such production, and/or reach certain levels of production within specific time period, as may be agreed upon; And Provided, further, That exemptions from taxes shall not extend to taxes due from contractor's personnel in their personal capacities. cd

SECTION 2. All provisions of Republic Act No. 1828, as amended, the Memorandum of Agreement and the Operating Contract dated July 3, 1968 executed between the Republic of the Philippines and Marinduque Mining and Industrial Corporation and all other laws, decrees, executive orders, or parts thereof, inconsistent with this Decree are hereby repealed, modified and/or amended accordingly.

SECTION 3. This Decree shall take effect immediately.

DONE in the City of Manila, this 16th day of January, in the year of Our Lord, Nineteen Hundred and Eighty-One.

Published in the Official Gazette, Vol. 78 No. 40, 5486-27 Supp., on October 4, 1982.