Amending P.D. No. 412 Re: Disposition, etc. of Guano Deposits for Fertilizer Purposes

July 19, 1974

PRESIDENTIAL DECREE NO. 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; cd i

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 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: acd

"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.

 Section 7, paragraph (h) of the same Decree is hereby amended to read as follows: cd

"SEC. 7. Specific Conditions Under Which Permit is Issued. — Permits granted under this Decree shall be subject to the following terms and conditions:

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(h) 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."

 Section 10 of the same Decree is hereby amended to read as follows: casia

"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."

SECTION 4. All existing laws, orders, decrees, rules and regulations inconsistent with this Decree are hereby repealed and/or modified accordingly.

SECTION 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.