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PRESIDENTIAL DECREE NO. 1100
PRESIDENTIAL DECREE NO. 1100 -
INSURING THE CONTINUITY OF MINING OPERATIONS OVER CONFLICTING AREAS AND
DEPOSITING THE PROFITS, SHARES OR PROCEEDS REALIZED THEREFROM WITH THE
BUREAU OF MINES
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chanroblesvirtualawlibrary
WHEREAS,
the existence of mining conflicts has not only resulted in the delay of
mining operations but has deprived the legitimate or bona fide claim
owners of the profits arising therefrom;chanroblesvirtualawlibrary
WHEREAS, mining conflicts should not be deterrents to the continuity of
mining operations in the interest of the legitimate or bona fide claim
owners and for the good of the national economy; and
WHEREAS, to place conflicting areas into mining operations would be in
keeping with the government pronouncement to hasten and encourage the
exploration, development and exploitation of the mineral resources of
the country.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Conditioned upon compliance with all the
obligations and requirements provided in Presidential Decree No. 463
and the implementing regulations, and the posting of the surety bond in
the amount to be determined by the Director of Mines, based on the
expected profits realizable from the area, a mines/quarry temporary
permit covering metallic or nonmetallic ores/quarry resources shall be
issued to a mining claimant who first registered his mining claim with
the Mining Recorder/Mines Regional Officer concerned, despite the
pendency of the case filed with the Bureau of Mines and any defect in
form or technicality thereon notwithstanding.
Section 2. The pendency of an appeal with the
authorities concerned notwithstanding, the party-litigant in whose
favor a decision was rendered by the Director of Mines or the Secretary
of Natural Resources, may:cralaw:red
(a) On his own or through a financially capable and
technically competent mining operator, enter the mining claims subject
of the appeal and conduct exploration, development and exploitation
activities on the area covered thereby within three months from the
date of the operating agreement, if the said mining claims are not yet
under operation;chanroblesvirtualawlibrary
(b) Allow the said mining operator to enter into
similar agreement with any or all of the other parties to the case
concerning their respective claims or rights over the property subject
of the conflict, in case the said mining claims are actually being
operated; and
(c) Subject to the prior approval of the President,
upon recommendation of the Secretary of Natural Resources and favorably
indorsed by the Director of Mines, undertake the operation of such
property, directly or indirectly, through a qualified service
contractor.
Section 3. In all cases above-mentioned, and for the
protection of the parties who may be adversely affected by any order or
decision of the Director of Mines or a reversal thereof upon appeal, an
amount to be determined by the Director of Mines, which shall not be
less than two percent (2%) of the gross value of minerals extracted and
disposed of from the conflicting area, shall be deposited in escrow
with the Bureau of Mines, to be awarded to the prevailing
party-litigant. The permittee/operator shall submit to the Director of
Mines all reports, under oath, which shall include, but not be limited
to, operating expenses, production reports and sales of the minerals
extracted from the mining property under litigation.
Section 4. Any provision of any law, decree, rules
and regulations inconsistent herewith or contrary hereto are hereby
repealed. chanroblesvirtualawlibrary
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 28th day of February, in the year of Our Lord, nineteen hundred
and seventy-seven.
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