(ter), or the concession is terminated by the competent officer who has the right to revoke the concession on reasonable
grounds that the concessionaire has not complied with the
notifications or conditions as stated in the concession, the
timber andforest products for which royalty has been not
paid, regardlessofwhethertheyarein or outside the area
of the concession, shallbelongtothegovernment. The concessionaire is entitled to the ownership of the timber or
forest products after he is able to substantiate that he has
logged out or collected forest products in a lawful manner or
within thenotifications and conditions as stated in the
concession, priortothedate that the right of the concession shall come to an end.
Incases wherethe concessionaire wishes to substantiate
in accordance with thefirst paragraph, he shall make an application of substantiation to the Minister within thirty
days of the date of the receiptof the notice from the competent officer, who has notified according to theorderissued
bytheMinisteror notified the logging ban in the concession
under thefirst paragraphofSection68.(octiens),as the case
maybe. Themethods of the application, the procedures of
substantiation, the consideration and the order issued by the
Minister shallbe inaccordancewiththe rules, procedures 36
and conditions as specified in the ministerial regulations.
In cases where the concessionaire is not satisfied with
the order issued by the Minister, he shall have a right to
appeal in theCourt in the area where he has logged or
collectedforestproducts in a lawful manner as specified in
thenotifications andconditions stated in the concession
prior to the time when the right of the concession shall come
to an end. Thisappeal must be submitted within a period of
sixty days from the date of the receipt of the order issued
by the Minister.
SECTION68.(quini), Incases where it is a logging concession that receives of the order issued from the
Minister under Section 68. (bis), or where the right of logging has expired underSection68.(ter),the concessionaire
shall stop all activities oflogging in the concession
thereof, and stop moving any log from the log yard and calculating any log for royalty. The competent officer shall
inspectthe conditions of logging and timber at the log yard
andmakea report to submit to the Director-General without
delay.Thesaidreport shall indicate the facts regarding the
particular procedureof logging, the total amount and size of
the timber, and shall give the opinions whether the concessionaire hasbeenlogged out according to the notifications
and conditions as stated in the concession.
In cases where the result of the inspection under the
first paragraph showsthat the concessionaire acted in contravention orfailed to comply within the notifications or
conditions as stated in the concession, the official has the
right to revoke the concession or to terminate therightof
logging concession under Section 68. (bis), or68. (ter),
37
without prejudice to the right of an official to revoke the
concession, prior to effectivedate upon the date of the
right of logging concession comes to terminate.
The concessionaire who hassubstantiatedhimselfwith the
Minister underSection68. (quater),that he has logged in a lawfulmanner withthe notifications and conditions stated
intheconcession, prior to effective date uponthe date of theright of thelogging concession comes to terminate or the
Court hasadjudication todoso, the Director-General shall
have a writtennoticeto theconcessionaire for hauling or
moving out ofthe timberthereinandhe may impose the rules,
methods, conditions and a specified period of time to be
conducted by the concessionaire,if anyconcessionairedoes
notcomply therewith, he shall have non-right of such timber,
and it shall belong to the State.
SECTION 68.(sexiens), In this regard, the concessionaire
receiving the order issued underSection68. (bis), orthe
concessionaire whose license isterminated under Section
68. (ter), asfollows, shallhave the right to refund for
the compensation for damage inaccordancewith the rules, procedures as prescribed under Section 68. (septies), 68.
(octiens), 68.(noveni), 68.(deni), and 68.(undeni):
(1) the concessionaire whose license is terminated, in
its wholecompartments inaccordance with Section 68.(bis),
(1) or 68.(ter); and
(2) the concessionaire receiving the order issued in
accordance with Section 68. (bis), (2) or (3), or the conces-
sionairewhoselicenseis terminated, in part, inaccordance
with Section68. (ter), only for theconcessionaire who made
a formal request for expropriation oftheremaining ofits
whole oftheconcessionto the official.
Incaseof the order issued under Section 68. (bis),or
the logging concession is terminated under Section 68. (ter), the claim orthe payment of the compensation for damage or
any othercompensation fordamage without prescribed under
this Section, he shall have no further right to exercise it.
SECTION 68.(septies), The compensationfordamageto the
concessionaire who is entitled to receive according to the
rules, viz:
(1)must depend on theactual damage to the concessionaire and inrespect only to, as follows:
(a) the expenditure of investment of the concessionaireforhislogging operation, such as: the cost ofheavy
equipment,vehicles,implements andother instrumentsusedin
andwhich have not yielded financial returns, shall be taken intoconsiderationof the depreciation values deducted froma
periodofthe right concession of logging therein,thetotal
amount of timber or forest products and as well as other
benefitsthat haveyielded financial returns during a period
of the time ofloggingoperation andthevalue of properties
or things oftheremaining still have the benefits to the
concessionaire;
(b) the expenditure, which the concessionaire has
investedfor his logging operation and which have notyielded
financial returns, shall be taken into consideration as notified in (a); and
(c) the attachment in accordance with the Protection of Employee Code, theconcessionaire shall make
severancepay for employeesinanycaseifthey are laid off.
The investment or the expenditures shall be taken into
the consideration for yielding financial returns in accordancewith (a) and (b), shall not exceed the investment or
the expenditure of a general principle business.
(2) the responsibility of the concessionaire with a
thirdparty, who has an agreement in dealing with the logging
operation wheretheagreement has been contracted withthe
concessionaire, shall be responded in any case by force
majeure in differentfrom those the Civil Procedure Code or
an agreement between the third party and the concessionaire
grounded accordingto the government has an order issued to
vary or dissolve the logging concession, the saidagreement
involved in the contract will not be compensated, nor with
the benifits concessionaire expected in accordance with this
Section;
(3) non-payment shall not pay compensation to the concessionaire any profit or any other benefit within suspected;
(4) in cases where the dissolution to extent that the
concessionaire, shall yield the payment or property or profit
or any other compensation from the insurance oranyother
compensation for damage, regard as, it is in a partofthe
compensation for damage in accordance with this Section.
In cases where any concessionaire has been made the
expropriation for receiving the concession under Section 68.
(sixth), (2), the concessionaire shall be yielded thecompensationfordamage onlytheratio of such area therein,orthe
totalamount of timber or forest products hasbeencarried
outtherefrom,inpart,ofarea of the determination of the
concession, whicheveris higher. Apart fromthereasonable
groundsof the expiration, in part, ofareaof the concession
is made to the concessionaire notbeingabletoprocess to
carry out his logging operation on the expropriation
therefor, thecompensation fordamage shallbeyielded the
same asthecase of, in whole, of the determination of the
concession.
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