Transfer of treasure-hunting permit function

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EXECUTIVE ORDER NO. 416: Transfer of treasure-hunting permit function

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Title Supreme Court: Transfer of treasure-hunting permit function

Law: Executive Order No. 416

Decision Date: Jul 31, 1990

Executive Order No. 416 transfers the authority to issue treasure-hunting licenses or permits from the Department of Environment and Natural Resources to the Office of the President, ensuring proper jurisdiction over treasure-hunting activities in the Philippines.

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Legal Basis and Historical Context

Under the Administrative Code of 1987, the DENR was initially tasked to issue permits for activities related to aquatic resources, including treasure-hunting.
Prior to this code (before November 23, 1989), the Office of the President issued treasure-hunting permits as per Presidential Decree No. 1726-A.
The function was deemed improperly vested in the DENR since "hidden treasures" are not classified as natural resources.

Presidential Authority to Transfer Functions

The President has the legal authority under the Administrative Code of 1987 (Book III, Title III, Chapter 10, Section 31(2)) to transfer functions between the Office of the President and executive departments.
This authority enables the reassignment of treasure-hunting licensing back to the Office of the President.

Immediate Effectivity and Scope

The Executive Order takes effect immediately upon issuance.
It covers all forms of treasure-hunting licenses or permits within all Philippine jurisdictional areas, including territorial waters.

Key Provisions

The Office of the President is now the sole entity authorized to issue treasure-hunting licenses or permits.
This centralizes and clarifies administrative control over treasure-hunting activities.

Conclusion

The reassignment rectifies the misclassification of treasure-hunting as related to natural resources, ensuring regulatory consistency.
It utilizes the President’s authority to effectively manage governmental functions relating to treasure-hunting.

END