Fiscal Legal

Gross Proceeds 100%
Less: Cost Recovery (90% of Gross Proceeds or Actual expenses, whichever is lower) 90.0
Net Proceeds 10.0
Less : Operator's Fees and Allowances
Basic Fee (40%)
Special Allowance (30%)

4.0
3.0
7.0

Government Share 3.0

 

Laws and Issuances Governing Coal Exploration and Development

Republic Act No. 7638 "Department of Energy Act of 1992"

An act creating the Department of Energy rationalizing the organization and functions of government agencies related to energy and for other purposes

Click to view/download PDF file of RA 7638

Presidential Decree No. 972 “The Coal Development Act of 1976”

Promulgating an act to promote an accelerated exploration, development, exploitation, production and utilization of Coal

Click to view/download PDF file of PD 972

Presidential Decree No. 1174

Amending Presidential Decree No. 972, otherwise known as “The Coal Development Act of 1976”

Click to view/download PDF file of PD 1174

BED Circular No. 81-11-10

Guidelines for Coal Operations in the Philippines

Click to view/download PDF file of BED Circular No. 81-11-10

BED Circular No. 87-03-001

Providing for guidelines and procedure to implement a program that will allow Small-Scale Coal Mining

Click to view/download PDF file of BED Circular No. 87-03-001

Department Circular No. 93-12-10

Guidelines on Posting Performance Bond Guaranty

Click to view/download PDF file of DC No. 93-12-10

 

Department Circular No. DC2012-05-0006

Guidelines on the Accreditation of Coal Traders and Registration of Coal End-Users

Click to view/download PDF file of DC2012-05-0006

Department Circular No. DC2014-08-0013

Adopting new mechanisms and procedures in the Registration of all Subcontracts and Agreements entered into by Petroleum Service Contractors under Presidential No. 87, as amended, and Coal Operating Contract Holders under Presidential Decree No. 972, as amended, amending for this purpose Office of Energy Affairs Circular Nos. 82-09-09, 82-09-09, 89-01-02 and 89-08-09

Click to view/download PDF file of DC2014-08-0013

Department Circular No. DC2017-09-0010

Adopting the Philippine Conventional Energy Contracting Program (PCECP) of awarding Coal Operating Contracts (COCs) and creating the Review and Evaluation Committee (REC), repealing for this purpose Department Circular No. DC2014-02-0005 and Department Order No. 2014-08-0017

Click to view/download PDF file of DC2017-09-0010

Department Circular No. DC2018-03-0006

Omnibus Rules and Regulations Governing Tax-Exempt Importations for Petroleum Operations Under Presidential Decree No. 87, as amended and Coal Operations Under Presidential Decree No. 972, as amended

Click to view/download PDF file of DC2018-03-0006

Department Circular No. DC2018-12-0028

Coal Mine Safety and Health Rules and Regulations

Click to view/download PDF file of DC2018-12-0028

For more Coal laws and issuances, click DOE Compendium of Energy Laws, Circulars and Other Issuances, Volume 2 to view/download PDF file
    

Governing Laws and Regulations PD 972 Provides for the award of Coal Operating Contracts through direct negotiation or public bidding
PD 1174 Act granting additional incentives to Coal Operators
DOE Circular No. DC2017-09-0010 Existing circular through PCECP which intends to implement a simpler and faster public contracting program by nomination through publication to facilitate the acceptance of applications for COC from interested applicants at any given time
Contract Area Onshore Maximum of 15,000 hectares per coal region
Nationality of Operator Local (at least 60% Filipino capitalization, maximum of 40% Foreign capitalization)
Contract Duration Exploration 2 years (extendible up to 2 years)
Development & Production 10 years (extendible for another 10 years and renewable for a series of 3-year periods, not exceeding 12 years)
Production Sharing Government 30% of net proceeds
Contractor 70% of net proceeds
Financial Obligations Signature Bonus Php 150,000.00
  Development Assistance Minimum of Php 250,000.00
  Training Assistance Exploration Phase Minimum of Php 75,000.00/year
    Development and Production Phase Php 200,000.00/year
  Training & Development Assistance (for host communities) Php 250,000.00/year
Fiscal Incentives Taxes Exempted from all taxes except income tax
  Importation Tax exemption for equipment, machinery, spare parts and materials to be imported
  Cost Recovery 90% of gross income  from coal production in any calendar year with the unrecovered costs for recovery in succeeding calendar year(s); capital expenditures depreciated over 5-10 years