QuestionsQuestions (PRESIDENTIAL DECREE NO. 104)
PD No. 104 authorizes mining operations in the offshore areas of the municipalities of Agoo and Sto. Tomas, Province of La Union, subject to existing rules and regulations.
It cites the powers “vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines,” and also refers to Proclamation No. 1081 (Sept. 21, 1972) and General Order No. 1 (Sept. 22, 1972).
It signifies that the decree has the force of law and is binding, like a statute, upon effectivity.
The decree states: “shall take effect immediately.”
The offshore areas of the municipalities of Agoo and Sto. Tomas in the Province of La Union.
No. The authorization is “subject to existing rules and regulations,” meaning compliance with applicable regulations is required.
Section 2 repeals Section 2 of Republic Act No. 4570. The repeal means that the repealed portion of RA 4570 is no longer effective to the extent indicated.
“Section 2. of Republic Act No. 4570 is hereby repealed.” This repeals only Section 2 of RA 4570, not the entire RA unless otherwise specified.
They are cited as related instruments under which the President’s powers were exercised to issue the decree during the period referenced in the text.
It implies that the authorization does not override existing legal and regulatory requirements; instead, mining operations must comply with all applicable rules (including those governing mining permits, environmental and safety requirements, and other regulatory frameworks then in force).
It provides the temporal and situational context—signed in Manila on January 23, 1973—useful for determining the decree’s issuance timeframe and its relationship to cited prior instruments (Proclamation No. 1081 and General Order No. 1).
The decree is relatively brief: it mainly grants authorization for offshore mining in specified municipalities, states an express repeal of a specific provision of RA 4570, and sets immediate effectivity; limitations come from the “existing rules and regulations” clause.
Alejandro Melchor, as shown: “(Sgd.) ALEJANDRO MELCHOR Executive Secretary.”
Students should ask: even if mining is authorized, what permits/requirements and regulatory conditions must be met under the existing rules and regulations applicable to offshore mining?