Providing For The Disposition, Development And Utilization Of Guano Deposits For Fertilizer Purposes
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Providing For The Disposition, Development And Utilization Of Guano Deposits For Fertilizer Purposes
Presidential Decree No. 412
March 15, 1974
Case Overview and Summary
Summary of Presidential Decree No. 412Purpose: To provide for the disposition, development, and utilization of guano deposits for fertilizer purposes to alleviate fertilizer shortage and boost agricultural production.
Guano Removal Permit Required (Section 1):
- No person, corporation, partnership, or association can remove, take, or collect guano deposits for fertilizer purposes within public or private lands, whether in caves or other areas, except under a permit duly issued in accordance with this Decree.
Types of Permits (Section 2):
- Gratuitous permit: Issued to individuals for personal use and government agencies for official use.
- Commercial permit: Issued to persons, corporations, or partnerships for sale of guano with or without processing.
Qualifications for Permit (Section 3):
- Gratuitous permit: Applicant must be of legal age and a Filipino citizen, or a government agency.
- Commercial permit: If an individual, the applicant must be a Filipino citizen. If a partnership or corporation, it must be organized under Philippine laws, with at least 60% of the capital owned and held by Filipino citizens.
Permit Issuance Authority (Section 4):
- Permits shall be issued by the Director of Mines or Mines Regional Officers upon application in the prescribed form.
- Mines Regional Officers shall issue permits covering areas within their respective jurisdictions.
Permit Revocation (Section 5):
- Permits may be revoked at any time by the Director of Mines where public interest requires or for specified causes.
- Decision can be appealed to the Secretary of Agriculture and Natural Resources within 5 days.
- If revoked through no fault of the permittee, fees paid in advance for unremoved guano shall be refunded.
Special Deputies (Section 6):
- The Secretary of Agriculture and Natural Resources may designate officials as deputies of the Director of Mines in each province or city.
- Deputies shall prevent unauthorized encroachment, execute decisions and orders of the Director of Mines, and have authority to call for assistance from peace officers.
Permit Conditions (Section 7):
- Gratuitous permits are for personal or official use; commercial permits are for extraction and sale of guano.
- Removal of guano shall be confined within the specified cave or area.
- Permittees shall allow other permittees to remove guano from their cave or area under justifiable circumstances.
- Permittees shall file quarterly sworn statements of guano removed and fees paid.
- Permit or copy shall be kept at the site for inspection.
- Commercial removal requires notice to the Bureau of Internal Revenue and payment of ad valorem tax based on gross value.
- Digging shall stop if man-made artifacts are found, and the National Museum shall be notified.
- Permit is subject to existing rights, laws, this Decree, and rules and regulations.
- More than one permit may be issued for the same cave or area.
- Permit shall be surrendered immediately upon expiration or cancellation.
- No explosives shall be used in extracting guano.
- Other conditions specified by the Director of Mines.
Permit Contents (Section 8):
- Permits shall contain specific instructions and conditions regarding duration, cave or area covered, quantity of guano to be removed, reports to be submitted, and fees to be paid in advance.
Record Keeping (Section 9):
- Gratuitous permittees shall keep a book of accounts with daily entries of guano removed and fees paid.
- Commercial permittees shall keep daily entries of guano extracted and sold, selling prices, buyer information, and fees and taxes paid.
Quantity Allowed (Section 10):
- Gratuitous permittee: Not more than 2,000 kilos of guano.
- Commercial permittee: Quantity specified in the permit.
Fees (Section 11):
- Permit fee determined by the Director of Mines, but not less than P0.10 per kilo of guano removed.
- 50% of fees accrue to the province, and 50% to the municipality where guano is extracted. For cities, the whole amount accrues to the city.
Surcharges (Section 12):
- Permittee shall pay twice the fee due on guano removed in excess of the authorized quantity within 30 days after demand.
Illegal Purchase or Sale (Section 13):
- Purchase or sale of illegally extracted or removed guano is prohibited.
- Violation is punishable by a fine of not less than P1,000 or imprisonment not exceeding 2 years, or both, at the court's discretion.
Inspection (Section 14):
- The Director of Mines or deputy may inspect the permittee's operations to ensure compliance with the permit, this Decree, and rules and regulations.
- Non-compliance or violation shall be a cause for permit cancellation and forfeiture of fees paid in advance.
Failure to Keep Records and Submit Reports (Section 15):
- Failure to keep books of accounts or submit required reports without justifiable reasons shall be grounds for permit cancellation and forfeiture of fees.
- All taxes due at the time of cancellation shall be deemed due and payable.
Repealing Clause (Section 16):
- All laws, decrees, orders, rules, and regulations inconsistent with this Decree are repealed or modified accordingly.
Effectivity (Section 17):
- This Decree shall take effect immediately.
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Providing For The Disposition, Development And Utilization Of Guano Deposits For Fertilizer Purposes
Presidential Decree No. 412
•March 15, 1974
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 412 March 15, 1974
PROVIDING FOR THE DISPOSITION, DEVELOPMENT AND UTILIZATION OF GUANO DEPOSITS FOR FERTILIZER PURPOSES
WHEREAS, the present oil crisis has brought about shortage and prohibitive prices of fertilizer to the detriment of agricultural production;
WHEREAS, there have been found throughout the country several caves and other areas containing guano deposits which may be utilized even in raw form as fertilizer materials;
WHEREAS, to help alleviate fertilizer shortage and boost agricultural production, the speedy development and utilization of the guano resources is now imperative and necessary;
WHEREAS, in order to encourage the development of these guano resources, the laws and rules governing applications for permits to develop them must be simplified and made inexpensive.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution as Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, as...
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