Section 1. Recognizing the importance to the national economy
of the immediate development, exploration, utilization, processing and
disposition by private enterprise of the mineral deposits in the
Zambales Mineral Reservations, it is hereby declared to be the policy
of the Government to engage private enterprise in the development,
exploration, processing and disposition of the minerals
therefrom.
Sec. 2. The Director of Mines is hereby
authorized to enter into an operating contract, through public bidding,
with any qualified, competent and responsible domestic party or parties
possessing all the qualifications under section three hereof, for the
development and operation of the government chromite reservations
described and known as Parcel of Land numbers one, two and three
thereof, set aside as such by Proclamation Numbered Three hundred
thirteen dated April twenty-four, nineteen hundred and thirty of the
then Governor General of the Philippine Islands, such contract to be
executed by the Director of Mines with the approval of the Secretary of
Agriculture and Natural Resources.cralawSec. 3. No private enterprise can be a party to
the operating contract, referred to in section two hereof, unless he/it
possesses, at the time of the bid and award, all of the following
qualifications, namely, that such party:
(a) Is qualified under section one, Article XIII of
the Constitution to exploit, develop and utilize the natural resources
of the Philippines;
(b) Has been engaged in the business of mining for
at least ten (10) years;
(c) Has already capital or if a corporation, a
paid-up capital of at least five million pesos (P5,000,000.00); and
(d) Has available the necessary machineries,
equipment, and competent technical staff and facilities for undertaking
the economical and efficient development and operation of the Zambales
Mineral Reservations and the processing of the ores mined therefrom.cralaw Sec. 4. At least sixty (60) days before the
scheduled date for the opening of the sealed bids, the Director of
Mines shall publish once a week for three consecutive weeks in two
newspapers of general circulation the call and terms for the bid. The
Director of Mines, with the approval of the Secretary of Agriculture
and Natural Resources, is hereby authorized to stipulate such terms and
conditions as he may see fit in the call for bids, which shall
constitute the basis of the operating contract to be executed with the
awardee, in addition to the following:
(a) The amount and nature of the bid bond to be
required;
(b) Submittal of a verified inventory of machineries
and equipment, actually owned by the bidder for mining, processing and
shipping operations and available for use in the operation of the
Zambales Mineral Reservation;
(c) Submittal of a verified list of engineers and
technical men, actually employed by the bidder, indicating their
specialization and actual work;
(d) The minimum royalty on production to be paid by
the operator to the Government of the Philippines, and the time and
form of payment thereof;
(e) That the operating contract shall be for a
period of twenty-five (25) years, renewable for a like period;
(f) That the operator under the operating contract
shall be an independent contractor and as such shall furnish all
materials, labor, equipment, plants and other installations required by
the operations and shall be solely responsible for any and all
liabilities to laborers and workers as well as to third parties as may
result from the operation in accordance with existing laws;
(g) That the operator will, during the first two
years, spend yearly a minimum of three hundred thousand (P300,000.00)
pesos for exploration, development of, and equipment placed in the
Zambales Mineral Reservations and shall commence such development and
operation work within ninety (90) days from the date of signing of the
operating contract;
(h) That the operator shall file with the Director
of Mines in favor of the Government of the Philippines a performance
bond in such amount as may be fixed in the call for bids guaranteeing
compliance by the operator with each of the terms and conditions of the
contract as herein set forth;
(i) That the operator shall enjoy gratuitous use of
timber and water for mining and processing purposes in the areas
covered by the operating contract before such operation; and
(j) That the Director of Mines may reject any and
all bids for justified reasons.cralaw
The Committee on Award shall be composed of three members, namely, the
Director of Mines, as chairman, one representative of the Secretary of
Agriculture and Natural Resources and another representative of the
Secretary of Justice, a members. The award shall be made within ten
(10) days from the date of the opening of the sealed bids to the bidder
best qualified to develop and operate successfully the Zambales Mineral
Reservations in point of organization, finances, resources, experience
and technical competence as set forth herein and offering the best
terms and conditions in favor of the Government and the corresponding
operating contract shall be executed immediately thereafter.cralaw Sec. 5. The Director of Mines shall have the
power and authority to represent the Government in such operation and
to ensure compliance with the terms and conditions of the operating
contract, and for this purpose, he is hereby authorized to set aside
five percent (5%) of the royalties or participation received by the
Government under the contract to cover necessary expenses of his office
in connection therewith.
Sec. 6. All laws and regulations inconsistent
with the provisions of this Act are hereby accordingly amended or
repealed.cralaw Sec. 7. This Act shall take effect upon its
approval.cralaw
Approved: June 19, 1959
|