RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NO. 972, OTHERWISE KNOWN AS THE “COAL DEVELOPMENT ACT OF 1976”
Pursuant to the Presidential Decree No. 972, otherwise known and cited as the “Coal Development Act of 1976”, the following rules and regulations to implement the intent and provisions of the Act are hereby promulgated:
A. Coverage and Period. All holders of coal permits, leases, locations, patents, mining grants or concessions, applications and other existing rights granted by the government for the exploration, development and exploitation of coal lands and/or the duly authorized operators thereof shall register their permits, leases, locations, patents, mining grants or concessions, applications and other rights with the Energy Development Board within thirty (30) days from the date hereof.
B. Requirement of Registration. The registration contemplated in Paragraph A hereof shall require the accomplishment and submission to the Energy Development Board of the attached EDB Form No. 11 (Information Sheet, Attachment “A”). The Information Sheet and all accompanying annexes and exhibits shall be verified (under oath) by the holder of the permit, lease, patent, location, concession or grant and application in cases of an individual or by a responsible officer thereof in cases of partnership, corporations or cooperatives. The Information Sheet shall serve as the basis for the evaluation of the status and work performance of the holders or operators to determine compliance with the requirements of their existing permits, leases, locations, grants, patents, concessions, applications and other rights under laws, rules and regulations then in force.
C. Effect of Failure to Register. Failure to comply with the registration required herein shall be deemed to constitute a waiver of rights and shall result in automatic cancellation or termination of holder’s or operator’s right in any coal permit, lease, location, patent, mining grant or concession, application and other rights.
D. Place of Filing. The Information Sheet and all accompanying annexes and exhibits shall be filed with the offices of the Energy Development Board at the Philippine National Petroleum Center, Merrit Road, Fort Bonifacio, Rizal or at the Energy Development Board Cebu Office situated at barrio Opao, Mandaue City.
II. Blocking System
A. Coal Regions. The following coal regions in the Philippines (see attached map, Attachment “b”) are hereby established:
1. Cagayan Region
2. Ilocos Region
3. Central Luzon Region
4. Bondoc Peninsula Region
5. Bicol Region
6. Catanduanes Region
7. Samar-Leyte Region
8. Cebu Region
9. Negros Region
10. Panay Region including Semirara Island
11. Mindoro Region
12. Agusan-Davao Region
13. Surigao Region
14. Cotabato Region
15. Zamboanga Regions
Additional coal regions may be established by the Energy Development Board when attendant circumstances justify and warrant it.
B. Guidelines on Use of the Blocking System
1. Each of the above coal regions is divided into meridional blocks or quadrangles of two minutes (2’) of latitude and one and one-half minutes (1-1/2’) of longitude, each block containing an area of one thousand (1,000) hectares, more or less. The boundaries of the block must coincide with the defined latitude and longitude in the Energy Development Board Coal Blocking Maps (Scale 1:50,000) plotted on the Coast and Geodetic Survey maps.
2. This blocking system shall apply to areas being organized and consolidated into a coal unit as well as free areas. No person, partnership or corporation shall be entitled to more than fifteen (15) blocks of coal land in any one coal region.
3. A coal unit shall conform to the blocking system as closely as possible with its final configuration arrived at by both the permittee/leaseholder/applicant and the Energy Development Board but always subject to the final approval of the latter.
4. Any specific problem that may arise which is not presently covered by these guidelines will be considered on a case-to-case basis, e.g., inability to conform to the blocking system due to position of adjoining coal units, etc.
5. The ground survey for locating the coal blocks herein established shall be done by the Energy Development Board at the expense of the permittee/leaseholder/applicant or by the latter when so authorized by the Energy Development Board. The corners of each block shall be marked by appropriate survey monuments. The survey plans shall be submitted to the Energy Development Board for verification and approval within one (1) year from the effective date of the coal operating contract, a requirement which shall be included as one of the obligations of the operator in coal operating contract.
6. Maps pertinent to the blocking system may be purchased at P 50.00 per sheet at the Energy Development Board Office at the Philippine National Petroleum Center, Merritt Road, Fort Bonifacio, Rizal. The Energy Development Board maintains exclusive rights over the printing and sale of these maps and no map or any portion thereof may be reproduced without the permission of the Board.
7. These maps are considered official maps and shall form part of the official application paper that an applicant for a coal operating submits to the Board.
III. Survey of Coal Blocks
A. Period of Survey. Ilocos Sur Ordinance. Within one (1) year from the effective date of the coal operating contract, the operator shall conduct the survey of the coal blocks which constitute the coal contract area of the coal operating contract. The survey shall be conducted in accordance with the regulations hereunder provided.
B. Documents to Accompany Application for a Coal Operating Contract Necessary for Survey of Coal Blocks. The following documents shall be submitted upon filing of the application for a coal operating contract:
1. A notarized survey service contract executed by and between the applicant and a duly licensed geodetic engineer which shall stipulate, among others, the following:
(a) The names of the contracting parties.
(b) The coal sought to be surveyed.
(c) The consideration or contract price and mode of payment of the same.
(d) The date of the submittal of the survey returns to the Energy Development Board.
(e) Affidavit of the duly licensed geodetic engineer representing that he can execute the survey of the coal blocks and submit the returns thereof within one (1) year from the effectivity date of the coal operating contract.
C. Abandonment. Failure to perform the ground survey for the coal blocks within one (1) year from the effective date of the coal operating contract shall constitute automatic abandonment of the coal block and the land embraced therein shall thereupon be opened to application for another coal operating contract by qualified persons.
D. Qualified Geodetic Engineers. Coal block surveys shall be executed by geodetic engineers of the Energy Development Board or by any duly licensed geodetic engineers.
E. Cost of Survey. If the Ground survey shall be undertaken by a geodetic engineers of the Energy Development Board, the applicant shall pay the actual cost of the survey.
F. Execution of Coal Block Survey. Corners of the coal block shall be defined by monuments placed at intervals of not more than four hundred (400) meters apart. When the boundary lines of the coal block pass across mountains or rolling terrains, the intermediate monuments between corners shall be established or ridges, whenever practicable, in which case, all consecutive corner monuments shall be intervisible. The sizes of corner monument of a coal shall be as follows:
(1) Corners (principal corners) that fall on points with exact two minutes and/or one and one-half minutes of latitude and longitude, 20 cm. x 20 cm. concrete monuments shall be set 50 cm. in the ground.
(2) Other concerns of the coal block shall by cylindrical concrete monuments of 15 cm. in diameter x 60 cm. long set 50 cm. in the ground.
The corners of the coal block shall be concrete monuments or cement patch on boulder, centered with a hole, spike, pipe or nail and marked with the corresponding corner number and coal block number. The latitude and longitude of the principal corner shall also be indicated on the sides of the concrete monuments when it coincides with the full two minutes and/or one and one-half minutes of latitude and longitude, respectively.
When the coal block undergoing survey adjoins submerged land, a witness corner monument along the boundary leading the shoreline shall be set on the ground to witness the boundary-point-corner of the coal block at the low tide level of the sea or lake. Concrete monuments, galvanized iron pipes, fixed rocks, boulders or stakes and other monuments shall be set to define the corners of the coal block along the shoreline at low tide level.
All computations, plans and maps of coal blocks surveys to be submitted to the Energy Development Board for verification and approval shall be prepared by using the Philippine Plane Coordinate System.
The characteristics of the Philippine Plane Coordinate System as used in the DANR Technical Bulletin No. 26 are as follows:
Spheroid – Carke’s Spheroid of 1865.
Projection – Transverse Mercator in zones of two degrees (2º) net width.
Point of Origin – The intersection of the equator and the central meridian of each zone, with a northing of 0.00 meter and an easting of 500,000.00 meters.
Scale factor of the Central Meridian – 0.99995 zonification.
NOTE: The overlap of 30 minutes thereof, however is reduced to 5 minutes which are as follows:
I 117-00 E 16-00 to 118-05 E
II 119-00 E 117-55 to 120-05 E
III 121-00 E 119-55 to 122-05 E
IV 123-00 E 121-55 to 124-05 E
V 125-00 E 123-55 to 126-05 E
The tables in the DANR Technical Bulletin No. 26 and EDB Form No. 12 and EDB Form No. 13 hereto attached as Attachment “C” and “D”, respectively, and part of these Regulations shall be used for the transformation of geographic to plane coordinates, and from plane to geographic coordinates.
In all coal block surveys, the corresponding central meridian of the zone where the coal block is situated shall be used and the amount of convergency correction in seconds of arc from the central meridian to be applied to the observed astronomical azimuth of the line shall be, for all practice purposes, the product of the departure of the point of observation from the central meridian in kilometers and the number of seconds of angular convergency per kilometer of departure corresponding to the latitude of the place of observation which are tabulated as follows:
Latitude Angular Convergency in Seconds of Arc per Kilometer of Departure
The angular convergency correction, expressed in seconds, shall be added to the observed astronomical azimuth for points west and subtracted for points east of the central meridian.
All bearing of lines and coordinates of corners not in accordance with the Philippine Plane Coordinate System as used in the area computations of surveyed coal block that are within 150 m. from the periphery of the coal block undergoing survey shall be transformed to the Philippine Plane Coordinate System.
The zone number and central meridian of the Philippine Plane Coordinate System shall, in all cases, be indicated on the fieldnotes, computations, plans, maps, and reports of the surveys.
For higher precision of surveys, convergency corrections, scale factors and azimuth correction (T-t) shall be referred from the formula used in the table of DANR Technical Bulletin No. 26, however, for tertiary precision of surveys, the scale factors and the azimuth correction (T-t) may be discarded.
Coal block surveys shall be definitely fixed in position on the earth’s surface by monuments of prominent and permanent structure marking corner points of the coal block and by bearings and distances from the points of known geographic or Philippine Plane Coordinate System.
These tie points shall either be as follows:
(1) Triangulation stations established by:
(a) The Bureau of Coast and Geodetic Survey.
(b) The United States Army Engineer Survey.
(c) The 29th Engineer Topographic (Base) Battalion.
(d) The Bureau of Lands.
(e) The Bureau of Mines.
(f) Other organizations, the survey of which is of acknowledged standard.
(2) Bureau of Lands Location Monuments (BLM) and Bureau of Lands Barrio Monuments (BLBM) established by the Bureau of Lands.
(3) Political Boundary Monuments such as Provincial Boundary Monuments (PBM), Municipal Boundary Monuments (MBM) and Barrio Boundary Monuments (BBM): Provided, That they were established by Cadastral Land Surveys, Group Settlement Surveys or Public Land Subdivision Surveys of the Bureau of Lands.
(4) Bureau of Mines Reference Points (BMRP) monuments established by the Bureau of Mines.
(5) Church cross, church spire, church dome, church tower, historical monument of known geographic or Philippine Plane Coordinate System acknowledged by the Bureau of Coast and Geodetic Survey, Bureau of Lands or Bureau of Mines.
(6) Corners of approved coal block surveys with known geographic and/or Philippine Plane
Coordinate Systems may be used as starting point of a coal block survey: Provided, however, That at least three (3) or more undisturbed corners of concrete monuments are surveyed for a good common point and the tie is computed from the tie point of the aforesaid approved surveys.
Should any discrepancy of datum plane between or among tie points arise, proper investigation shall be conducted by the authorized geodetic engineer and a report thereon shall be submitted to the Energy Development Board to form part of the survey returns for further investigation and record purposes.
Plans of coal blocks recorded under the Act shall correctly and neatly drawn to scale in drawing inks on the survey plan.
The latitudes and longitudes of the meridional blocks shall be drawn to scale on the plan whenever practicable, in light black inks.
In addition to the symbols used to designate various kinds of surveys, the survey symbol CBS shall be used to designate a Coal Blocks Survey.
The manner of execution of coal land surveys shall be in accordance with these Regulations, as supplemented by the Manual of Regulations for Mineral Land Surveys in the Philippines promulgated on June 22, 1965 and the Philippine Land Surveyors Manual (Technical Bulletin No. 22, Bureau of Lands, July 1, 1955, as far as the provisions thereof are not inconsistent with the Decree.
G. Submittal and Verification of Survey Returns. Survey returns coal block shall be submitted to the Energy Development Board within one (1) year from effective date of the coal operating contract and shall consist of the following:
(1) Field notes completely filled in, paged and sealed (G.E.) and fieldnotes cover on EDB Form No. 14 hereto attached as Attachment “E”, and made part of these regulations, duly accomplished, signed and sealed by the geodetic engineer and notary public.
(2) Azimuth computations from astronomical observations, traverse computations, area computations, elevation and topographic survey computations and other reference computations all in original and in duplicate properly accomplished and signed by the computer and the geodetic engineer.
Computerized (EDP) computations, however, may be submitted in place of the duplicate computations.
(3) Tracing cloth plan/s duly accomplished with the corresponding working sheet thereof.
(4) Descriptive and field investigation report on the coal block in quintuplicate duly signed by the geodetic engineer and authorized assistant, if any, and duly notarized.
(5) A consolidated plan at scale at 1:4,000 showing the relative positions of the surveyed coal blocks and other coal blocks with existing rights at the time of the survey, if any.
(6) Other documents pertinent to the survey of coal blocks.
Survey returns without items (1) to (6) above, shall not be accepted for verification and approval purposes.
Concerns and/or location monuments of approved surveys of coal blocks in spite of the nullity, cancellation, rejection or abandonment of the coal operating contract over the surveyed area, shall be preserved as reference mark and the geographic position thereof shall be kept for use in future coal block surveys, unless otherwise said survey is found to be erroneous by later approved coal block surveys.
Surveys of subsisting coal blocks rights, permits and leases which are to be erroneous may be ordered by the Energy Development Board to be corrected motu proprio, when justified by existing circumstances.
IV. Procedure of Filing an Application for Negotiated Coal Operating Contract Under Presidential Decree No. 972.
In addition to the documents required to be submitted in the preceding section, the following documents shall accompany all applications for a coal operating contract:
(a) Information Sheet for Coal Operators (EDB Form No. 11).
(b) Proposed Coal Operating Contract Patterned after the Model Contract (EDB Form No. 15).
(c) A Comparative Analysis in tabulated form of items in the Coal Operating Contract Proposal which deviate from the Model Contract. Reasons for the proposed changes should likewise be presented.
(d) In cases of a corporation, a Certificate of Authority from the Board of Directors of applicant Operator authorizing a designated representatives/representative to negotiate the Coal Operating Contract. The certification must be executed under oath by the Corporate Secretary and if executed abroad, must be properly authenticated. In cases of partnership or other forms of association, a duly authorized representative/s negotiate the Coal Operating Contract by the partners or members thereof.
(e) Copies of all technical reports or works done on the proposed coal contract areas, whenever available.
The applicant shall pay a processing fee of P 1.00 per hectare but in no case less than P 1,000.00 for the proposed coal contract area. Check should be made payable to the Energy Development Board. No negotiations can commence until the above requirements have been fully complied with.
V. Publication and Effectivity.
These rules and regulations shall take effect immediately.
Copies thereof shall be published in newspapers of general circulations in the Philippines.
Done in Makati, Metro Manila, on August 27, 1976.
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