Presidential Decree 1174 Flashcards

1
Q

What law is amended by Presidential Decree No. 1174?

A

Presidential Decree No. 972 (Coal Development Act of 1976)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Who was the president of the Philippines when Presidential Decree No. 1174 was issued?

A

Ferdinand E. Marcos

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

In what year was the original Coal Development Act enacted?

A

1976

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the purpose of the Coal Development Act of 1976?

A

To encourage the private sector to explore, develop, and exploit indigenous coal resources.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What sector is encouraged to participate in the coal development program?

A

The private sector

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Why was it necessary to amend Presidential Decree No. 972, according to the decree?

A

To provide additional incentives and address delays in securing surface rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What type of incentives were granted to coal operators under this decree?

A

Financial, technical, and managerial incentives

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the consequence if a coal permit is not converted by the new deadline?

A

Automatic cancellation of coal permits and leases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the deadline extension granted for converting coal permits and leases into coal operating contracts?

A

The deadline for concluding coal operating contracts was extended to January 27, 1978.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What was the new deadline for coal permits under the amended decree?

A

January 27, 1978

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What date was the original deadline for concluding coal operating contracts?

A

July 27, 1977

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What happens if operating expenses exceed the reimbursement limit in a given year?

A

The unrecovered expenses can be recovered from future operations.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Which government body is responsible for managing the coal development program?

A

The Energy Development Board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What special allowance is granted to Philippine citizens or corporations in coal contracts?

A

Up to 30% of the balance of the gross income after deducting operating expenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What percentage of the gross income is reimbursed to coal operators for their operating expenses?

A

Ninety percent (90%) of the gross proceeds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the special allowance percentage for coal operating contracts granted to holders of valid permits?

A

Up to 40% of the balance of the gross income after deducting operating expenses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How much of a corporation must be owned by Filipino citizens to be considered a “Philippine corporation”

A

At least sixty percent (60%) of the capital owned by Filipino citizens.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the minimum participating interest required for Philippine citizens in a coal operating contract to receive a special allowance?

A

Forty percent (40%) participation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the minimum expenditure per block for exploration under the coal operating contract?

A

One million pesos (P1,000,000.00) per block annually.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Under what condition can the minimum expenditure requirement be reduced for open-pit mining?

A

If the area is suitable for open-pit mining, the minimum expenditure can be reduced to P200,000.00 per block.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What power is invoked for coal exploration to allow entry into private lands?

A

The power of eminent domain.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What must coal operators do if they fail to comply with the work obligations of their contract?

A

They must pay the government the amount they should have spent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How many holes must be drilled per block as part of the exploration period?

A

Thirty (30) holes per block.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What compensation is due to surface owners of titled lands for coal extracted from their property?

A

One Peso (P1.00) per ton of coal extracted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
What compensation is due to surface owners of untitled lands for coal extraction?
Fifty centavos (P0.50) per ton of coal extracted.
20
What compensation do surface owners receive for damage to their crops or trees during coal operations?
Compensation for the value of damaged crops or improvements.
21
What must coal operators post to ensure compensation for surface owners?
A bond with the Energy Development Board.
21
Which government body must a coal operator notify if surface owners refuse entry to their land?
The Energy Development Board.
22
What is the legal compensation for coal extracted from government-reserved lands?
Compensation is split equally between the supervising agency and the Energy Development Board.
23
Which agency disburses compensation for coal extracted from government-reserved lands?
The Energy Development Board and the supervising agency.
24
What rights are coal operators granted for cutting timber in their contract area?
Timber rights for cutting within their coal contract area.
25
Who must agree on timber cutting if the land is already under a timber concession?
The operator and the timber concessionaire must agree on timber cutting.
26
Who is responsible for reforestation within the coal contract area?
The coal operator.
27
What happens if a coal operator and a timber concessionaire cannot agree on timber cutting terms?
The Energy Development Board resolves the dispute.
28
What rights related to water are coal operators entitled to?
Water rights necessary for exploration, development, and exploitation.
29
Which government office manages water rights for coal operators?
The Director of the Bureau of Public Works.
30
What happens to existing water rights if new coal operations commence?
Existing water rights will not be impaired.
31
Under which Presidential Decree are the penal provisions for coal operations found?
Presidential Decree No. 463, Mineral Resources Development Decree of 1974.
32
What is the title of Presidential Decree No. 463?
Mineral Resources Development Decree of 1974
33
What happens to coal permits that are not converted to coal operating contracts by January 27, 1978?
The permits and leases are automatically canceled.
34
What happens if an operator spends more than the required annual expenditure on exploration?
The excess can be credited against future expenditure requirements.
35
What is the minimum expenditure for open-pit mining operations?
P200,000.00 per block.
36
How much must be spent annually on direct exploration work per coal block?
P1,000,000.00 per block.
37
How are excess exploration expenditures applied in future contract years?
The excess can be credited for future contract years.
38
What is the title of Section 7 of Presidential Decree No. 972, as amended?
Existing Permittees/Leaseholders
39
Who approves the special operating permits during the contract extension period?
The Energy Development Board
40
What is the minimum special allowance percentage for contracts with Filipino participation?
Up to 20% of the gross income after expenses.
41
What percentage of capital in a Philippine corporation must be owned by Filipinos?
Sixty percent (60%).
41
What legal concept allows coal operations on private lands?
Eminent domain
42
Who has the final say in resolving disputes between coal operators and timber concessionaires?
The Energy Development Board
43
What chapter of Presidential Decree No. 463 applies to coal operations?
Chapter XIV of Presidential Decree No. 463.
44
What must happen if the landowner cannot be found or refuses to receive notice?
Notify the Energy Development Board and attach a copy of the written notification.
44
Who must be notified before coal operators enter private lands?
A written notification must be sent to the surface owner.
45
What is the compensation rate for coal extracted from titled lands?
P1.00 per ton of coal extracted.
45
What is the compensation rate for coal extracted from untitled lands?
P0.50 per ton of coal extracted.
46
Who qualifies for compensation under the Torrens system?
Lands with possessory rights under the Torrens System.
47
What does Section 10 of Presidential Decree No. 1174 address?
Special allowance for coal operators.
47
What is the compensation process for damage to crops or improvements on private lands?
Compensation for damaged crops, trees, and improvements.
48
What does Section 16-A of Presidential Decree No. 1174 address?
Entry and use of private lands.
49
What section of the law governs timber rights in coal contract areas?
Section 16-B of Presidential Decree No. 1174.
50
What section of the law governs water rights for coal operators?
Section 16-C of Presidential Decree No. 1174.
51
Which law’s penal provisions apply to coal operations under Presidential Decree No. 1174?
Chapter XIV of Presidential Decree No. 463.
52
Who is responsible for determining reforestation requirements in coal contract areas?
The coal operator, as regulated by the Bureau of Forest Development.
53
What is the effectivity date of Presidential Decree No. 1174?
July 27, 1977
54
What is the maximum special allowance for Philippine corporations in coal contracts?
Up to 30% of the balance of gross income.
54
What happens to coal operating contracts that are not in compliance with the law by the deadline?
They are automatically canceled.
54
Which body regulates the distribution of water rights in coal contract areas?
The Director of the Bureau of Public Works.
54
What percentage of the gross proceeds can be used to reimburse operating expenses?
Ninety percent (90%) of the gross proceeds.
55
What government agency must be involved in any timber cutting in coal contract areas?
The Bureau of Forest Development
55
Who issues the final approval of water rights applications for coal contracts?
The Director of the Bureau of Public Works.
56
What conditions apply to coal operators' use of private lands for exploration?
They must compensate surface owners for any coal extracted or damage caused.
57
What is the process for notifying private landowners of intended coal operations?
Send a written notification to the surface owner and occupant.
58
Who manages the resolution of disputes over water rights in coal contract areas?
The government reserves the right to regulate water rights.
59
What laws or rules must be complied with when conducting coal operations in government-reserved lands?
The coal operator must comply with pertinent laws, rules, and regulations.
60
Who has the authority to grant special allowances under coal operating contracts?
The Energy Development Board.