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Executive Orders

Transferring the Function of Issuing Licenses Or Permits For Treasure-Hunting From the Department of Environment and Natural Resources To the Office of the President

Executive Order No. 416

EXECUTIVE ORDER NO. 416 July 31, 1990

TRANSFERRING THE FUNCTION OF ISSUING LICENSES OR PERMITS FOR TREASURE-HUNTING FROM THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO THE OFFICE OF THE PRESIDENT

WHEREAS, Book IV, Title XIV, Chapter 1, Section 4 (8) of the Administrative Code of 1987 (Executive Order No. 292, s. 1987) conferred upon the Department of Environment and Natural Resources (DENR) the following functions:

"(8) Issue licenses and permits for activities related to the use and development of aquatic resources, treasure-hunting, salvaging of sunken vessels and other similar activities";

WHEREAS, treasure-hunting permits over lands of the public domain and lands belonging to the National Government and government-owned and controlled corporations and to local governments, before the effectivity of the Administrative Code of 1987 on November 23, 1989, were being issued by the Office of the President pursuant to the provisions of Presidential Decree No. 1726-A;

WHEREAS, the function of issuing treasure- hunting permits or licenses was not properly vested in the DENR because "hidden treasures" are not...

Summary of Executive Order No. 416

Transfer of Treasure-Hunting Permit Issuance Function
- The function of issuing licenses or permits for treasure-hunting is transferred from the Department of Environment and Natural Resources (DENR) to the Office of the President. (Sec. 1)
- This includes permits for treasure-hunting within the territorial waters of the Philippines. (Sec. 1)

Legal Basis
- The Administrative Code of 1987 (Executive Order No. 292) conferred upon the DENR the function of issuing licenses and permits for treasure-hunting activities. (Whereas clause)
- However, the function of issuing treasure-hunting permits was not properly vested in the DENR because "hidden treasures" are not "natural resources." (Whereas clause)
- The President is authorized under the Administrative Code of 1987 to transfer functions from the Office of the President to any executive department and vice-versa. (Whereas clause)

Immediate Effect
- This Executive Order shall take effect immediately. (Sec. 2)

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