Presidential Decree No. 910
CREATING AN ENERGY
DEVELOPMENT BOARD, DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS,
THEREFOR, AND FOR OTHER PURPOSES
WHEREAS,
there is need to intensify, strengthen, and consolidate government efforts
relating to the exploration, exploitation and development of indigenous energy
resources vital to economic growth;
WHEREAS,
it is imperative that government accelerate the pace of, and focus special attention
on, energy exploration, exploitation and development in the light of
encouraging results in recent oil exploration and of world-wide developments
affecting our continued industrial progress and well-being; and
WHEREAS,
it is essential in the interest of efficiency, economy, and effectiveness to
integrate and coordinate through a single governmental entity the functions of
various agencies pertaining to the exploration and development of indigenous
extracted resources.
NOW,
THEREFORE, I, FERDINAND E. MARCOS, President of the
SECTION
1. Declaration of Policy.
It is declared policy of the State to achieve
self-reliance in the countrys energy requirements primarily through the
intensified and coordinated exploration, exploitation and development of
indigenous energy resources in order to accelerate overall economic growth.
SEC.
2. Creation of the Energy Development
Board.
To implement the aforesaid
policy, there is hereby created an Energy Development Board, hereinafter
referred to as the Board, which shall be composed of the
Secretary of Finance,
Secretary of Industry,
Secretary of Justice,
Secretary of National Defense,
Secretary of Economic Planning,
Secretary of Natural Resources, and the
Chairman of the Philippine National Oil Company. The President of the
The
officials next in rank to the members of the Board, as designated by them,
shall serve as alternate members. They
shall attend the meetings of the Board whenever their principals are absent or
their positions are vacant.
SEC.
3. Powers and Functions of the
Board.
The Board shall have the
following powers and functions:
(a) Formulate policies and implement and coordinate all activities of the government relative to the exploration, exploitation and development, and extraction of energy resources including fossil fuels such as petroleum, coal, natural gas and gas liquids; geothermal resources; nuclear fuel resources; and other less conventional existing and potential forms of indigenous energy resources;
(b) Establish and administer a comprehensive and integrated program for the exploration, exploitation, development, and extraction of fossil and nuclear fuels, geothermal resources, and other less conventional forms of indigenous extracted energy resources;
(c) Undertake by itself or through other arrangements, such as service contracts, the active exploration, exploitation, development, and extraction of energy resources in selected areas and/or in government reservations;
(d) Regulate all activities relative to the exploration, exploitation, development, and extraction of fossil and nuclear fuels and geothermal resources and, where necessary, prescribe and collect fees in the exercise of such power;
(e) Assess, review and provide direction to energy research and development programs including identification of sources of energy and determination of their commercial feasibility for development;
(f) Exercise the powers and functions of the abolished Petroleum Board transferred to the Board under Section 5 of this Decree;
(g) Coordinate, review and approve plans and programs of the Power Development Council which is hereby attached to the Board;
(h) Promulgate such rules and regulations as may be necessary to implement the objectives and provisions of this Decree; and
(i) Exercise all powers necessary or incidental to attain the objectives of this Decree.
SEC.
5. Abolition of the Petroleum
Board.
The Petroleum Board is hereby
abolished and its powers and functions are transferred to the Board together
with applicable funds and appropriations, records, equipment, property, and
such personnel as may be necessary.
SEC.
6. Transfer of the Functions of the
Bureau of Mines and/or the
Department of
Natural Resources.
The powers
and functions of the Bureau of Mines and/or the Department of Natural Resources
relative to the exploration, development, and administration of coal bearing
lands as provided for in Presidential Decree No. 463 and
Act No. 2719, as
amended, are transferred to the Board.
The powers and functions of the Bureau of Mines and/or the
Department of
Natural Resources under
Republic Act No. 5092 and other
laws relating to the promotion and regulation of the exploration, exploitation
and development of geothermal energy, natural gas and methane gas are likewise
transferred to the Board. Such transfer
shall include applicable records, equipment, property, funds and appropriations,
and such personnel as may be necessary.
SEC.
7. Philippine
SEC.
8. Appropriations. The sum of Five Million Pesos out of any
available funds from the National Treasury is hereby appropriated and
authorized to be released for the organization of the Board and its initial
operations. Henceforth, funds sufficient
to fully carry out the functions and objectives of the Board shall be
appropriated every fiscal year in the General Appropriations Act.
All
fees, revenues and receipts of the Board from any and all sources including
receipts from service contracts and agreements such as application and
processing fees, signature bonus, discovery bonus, production bonus; all money
collected from concessionaires, representing unspent work obligations, fines
and penalties under the
Petroleum Act of 1949; as well
as the government share representing royalties, rentals, production share on
service contracts and similar payments on the exploration, development and
exploitation of energy resources, shall form part of a Special Fund to be used
to finance energy resource development and exploitation programs and projects
of the government and for such other purposes as may be hereafter directed by
the President.
SEC.
9. Reports.
The Board shall, within three months
after the end of every fiscal year, submit its annual report to the
President. The annual report shall
include an energy development plan insofar as the exploration, exploitation,
development, and extraction of indigenous extracted energy resources are
concerned. It shall likewise submit such
periodic or other reports as may be required of it from time to time.
SEC.
10. Separability Clause.
Should any provision of this Decree be
held unconstitutional, no other provision hereof shall be affected
thereby.
SEC.
11. Repealing Clause.
All laws, decrees, executive orders,
administrative orders, rules or regulations inconsistent herewith are hereby
repealed, amended or modified accordingly.
SEC.
12. Effectivity.
This Decree shall take effect
immediately.
Done
in the City of
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