AN ACT TO AMEND CERTAIN SECTIONS OF RE¬PUBLIC ACT NUMBERED EIGHTEEN HUNDRED TWENTY-EIGHT AUTHORIZING THE DEVELOPMENT
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AN ACT TO AMEND CERTAIN SECTIONS OF RE¬PUBLIC ACT NUMBERED EIGHTEEN HUNDRED TWENTY-EIGHT AUTHORIZING THE DEVELOPMENT
Republic Act No. 4167
August 5, 1964
Case Overview and Summary
Summary of Republic Act No. 4167Creation of the Surigao Mineral Reservation Board (Section 2):
- Composed of the Chairman of the National Economic Council (Chairman), the Secretaries of Agriculture and Natural Resources, Finance, Justice, and the Governor of the Central Bank.
- Authorized to implement the provisions of the "Nickel Law" and represent the government in mining operations.
- Can organize an office, appoint staff, and secure assistance from other government offices.
Modes of Operation (Section 2):
- The President can determine whether the mining operations shall be:
1. Undertaken by the government itself, with authority to contract loans or float bonds not exceeding 200 million pesos. (Section 2)
2. Undertaken jointly with private enterprise, with the government owning at least 51% of the capital stock, and authority to contract loans or float bonds. (Section 2)
3. Undertaken through an independent contractor or contractors, by calling for bids or negotiating with qualified parties. (Section 2)
Qualifications for Independent Contractors (Section 2):
- Must be fully qualified in terms of organization, finances, resources, experience, and technical competence.
- At least 60% of the capital stock of the contractor corporation must be owned by Filipino citizens, unless it divests Filipino control. (Section 2)
Rights and Privileges (Section 3):
- Necessary rights over areas for investigation within the Surigao Mineral Reservation. (Section 3)
- Exemptions from laws and regulations related to importation of machinery, equipment, accessories, spare parts, supplies, materials, construction and operation of power plants, and exportation of machinery and equipment. (Section 3)
- Exportation of mineral products, provided domestic requirements are satisfied first. (Section 3)
- Importation of highly technical and specialized personnel and executive staff, subject to regulations. (Section 3)
- Gratuitous use of timber and water for mining and processing purposes. (Section 3)
Repatriation and Remittance (Section 5):
- Any minority stockholder and/or contractor shall be entitled to repatriate duly authorized and recognized foreign capital investments, plus interest, and to remit profits or dividends to non-resident investors abroad. (Section 5)
Terms and Conditions for Independent Contractors (Section 6):
- Compensation: 1 peso per year, plus a portion of gross annual receipts computed such that the government retains at least 3.5% of gross annual receipts, f.o.b. point of export. (Section 6)
- Tax exemptions for the first 5 years after commencement of actual production, except for taxes due from personnel in their personal capacities. (Section 6)
- Requirement to put the area into actual production within 5 years, with penalties for failure. (Section 6)
- Filing of a bond to guarantee compliance with obligations. (Section 6)
- Entitlement to repatriate foreign capital investment, plus interest, and remit profits or dividends abroad. (Section 6)
- Selection of a final area not exceeding 25,000 hectares within 1 year from first commercial production. (Section 6)
- Preference for Philippine citizens in employment, with effective training programs, but not hindered from using foreign officials for executive, technical, or specialized work. (Section 6)
- Subjection to the jurisdiction of Philippine courts. (Section 6)
- Preferential right to operate renounced or other parcels, subject to qualifications and diligence. (Section 6)
Appropriation (Section 8):
- 300,000 pesos appropriated from the National Treasury to cover expenses, salaries, wages, and per diems of the Board and its staff and personnel. (Section 8)
- Per diems of 30 pesos for the Chairman and 25 pesos for members and executive secretary for every meeting attended. (Section 8)
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AN ACT TO AMEND CERTAIN SECTIONS OF RE¬PUBLIC ACT NUMBERED EIGHTEEN HUNDRED TWENTY-EIGHT AUTHORIZING THE DEVELOPMENT
Republic Act No. 4167
•August 5, 1964
REPUBLIC ACT No. 4167
AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED EIGHTEEN HUNDRED TWENTY-EIGHT AUTHORIZING THE DEVELOPMENT, EXPLOITATION AND UTILIZATION OF THE MINERAL DEPOSITS IN THE SURIGAO RESERVATION, AS AMENDED BY REPUBLIC ACT NUMBERED TWO THOUSAND SEVENTY-SEVEN.
Section 1. Section two of Republic Act Numbered Eighteen hundred twenty-eight, as amended by Republic Act Numbered Two thousand seventy-seven, is hereby amended to read as follow:
"Sec. 2. There is hereby created the Surigao Mineral Reservation Board, hereinafter referred to as the Board, composed of the Chairman of the National Economic Council, as chairman, the Secretary of Agriculture and Natural Resources, the Secretary of Finance, the Secretary of Justice, and the Governor of the Central Bank, as members, who shall carry out and implement the provisions of this Act, which shall be known as the "Nickel Law." It shall have the power and authority to represent the Government in the operations and to insure compliance with the terms and conditions of the operating contract or contracts.
"The Board is hereby authorized to organize an...
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