CHAPTER
I
Title of Act
Section 1. The short title of this Act shall be "The Mining
Act."
CHAPTER II
Definitions
Section 2. The terms "person," "holder," "occupant,"
"locator," "licensee," "lessee," "permittee," "owner," whenever used in
this Act, shall include an individual, a corporation, a sociedad
anomina, a limited partnership and an unincorporated association, and
words in the singular shall include the plural, and vice versa. The
term "ton" as used in this Act shall mean a short ton of nine hundred
seven and two tenths (907.2) kilograms.
CHAPTER III
Ownership of Minerals and Mineral Lands
Section 3. All mineral lands of the public domain and
minerals belonging to the State, and their disposition, exploitation,
development, or utilization, shall be limited to citizens of the
Philippines, or to corporations, or associations, at least sixty per
centum of the capital of which is owned by such citizens, subject to
any existing right, grant, lease, or concession at the time of the
inauguration of the Government established under the Constitution.
Section 4. The ownership and the right to the use of
land for agricultural, industrial, commercial, residential, or for any
purpose other than mining does not include the ownership of, nor the
right to extract or utilize, the minerals which may be found on or
under the surface.
Section 5. The ownership of, and the right to extract
and utilize, the mineral included within all areas for which public
agricultural land patents are granted are excluded and excepted from
all such patents.
Section 6. The ownership of, and the right to extract
and utilize, the minerals included within all areas for which Torrens
titles are granted are excluded and excepted from all such titles.
Section 7. With the exceptions of the soil which
supports organic life, and of ordinary earth, gravel, sand, and stone
which are used for building or construction purposes, the disposition
of which is governed by Act Numbered Three thousand seventy-seven, as
amended by Act Numbered Three thousand eight hundred and fifty-two of
the Philippine Legislature, all inorganic substances found in nature in
solid, liquid, gaseous, or any intermediate state are minerals within
the purview of this Act.
Section 8. Mineral lands are those in which minerals
exist in sufficient quantity or quality to justify the necessary
expenditures to be incurred in extracting and utilizing such minerals.
Section 9. The exploitation of public and private
lands for mining purposes shall be governed by existing laws, rules and
regulations which may be promulgated thereunder.
Section 10. Subject to any existing rights, all valuable mineral
deposits in public or in private land not closed to mining location,
and the land in which they are found, excepting coal, petroleum, and
other mineral oils and gas, which are now governed by special laws,
shall be free and open to exploration, occupation, location, and lease,
by citizens of the Philippines of legal age, or by associations, or by
corporations organized and constituted under the laws of the
Philippines: Provided, That at least sixty per centum of the capital of
such associations or corporations shall at all times be owned and held
by citizens of the Philippines.
Section 11. Upon the recommendation of the
Secretary of Agriculture and Commerce, the President may set apart
mineral land reservations, and he shall by proclamation declare the
establishment of such reservations, and the boundaries thereof, and
thereafter such reservations shall be closed or open to mining location
or lease as the President may deem wise and may so provide in the
proclamation. The President may, with the concurrence of the National
Assembly, by proclamation alter or modify the boundaries of any mineral
reserve from time or revoke any such proclamation, and upon such
revocation, such reserve shall be and become part of the public domain
as though no such proclamation had ever been made: Provided, however,
that the President is hereby authorized to declare by proclamation any
mineral reserve, closed to mining location: Provided, further, That all
mineral reservations set aside by the Chief Executive prior to the
approval of this Act shall remain in full force and effect and shall be
administered and disposed of in accordance with the provisions of this
Act.
Section 12. From and after the date of proclamation of a mineral
reserve, if the same has not been proclaimed closed to mining location,
the lands thereby may be disposed of only for mining purposes as
hereinafter provided.
Section 13. Whenever lands are reserved for purposes other than for
mining, the holders of mining locations or leases within any such new
reserve, at the time the reservation is made, shall continue to enjoy
all rights accorded them under existing law with respect to such
locations or leases as if such reservation had never been
made.
Section 14. Lands within reservations for purposes other than mining,
which, after such reservation is made, are found to be more valuable
for their mineral contents than for the purpose for which the
reservation was made, may be withdrawn from such reservations by the
President with the concurrence of the National Assembly, and thereupon
such lands shall revert to the public domain and be subject to
disposition under the provisions of this Act.
Section 15. Land leased for mining purposes shall be classified as
follows:
First group — Metals or metalliferous ores.
Second group — Precious stones.
Third group — Fuels.
Fourth group — Salines and mineral waters.
Fifth group — Building stone in place, clays, fertilizers, and other
nonmetals.
Section 16. Lands of the first group shall be those which contain any of
the metallic elements or minerals, or their combinations, such as gold,
silver, platinum, tin, chromium, iron, manganese, copper, nickel, lead,
zinc, cinnabar, tungsten, and the like.
Section 17. Lands of the second group shall be those which contain
minerals mainly used for ornamental purposes such as diamond, ruby,
emerald, sapphire, topaz, amethyst, zircon, aquamarine, opal, jade,
agate, tourmaline, beryl, garnet, turquoise and the like.
Section 18. Lands of the third group shall be those which contain
combustible substances in solid, liquid, gaseous form, such as peat,
coal, mineral oils, natural gas, oil shales, asphalt, and the like, but
not the recent products of organic life.
Section 19. Lands of the fourth group shall be those which contain
surface or subterranean soluble substances or waters which by their
mineral contents are classified as mineral waters, such as salt,
nitrates, sulphurated, carbonated, sodic, calcic, and other waters.
Section 20. Lands of the fifth group shall be those which contain
nonmetallic substances, such as:
(a) Those used for building or construction purposes,
such as marble, granite, clay, and the like.
(b) Asbestos, feldspar, lime, mica, guano, phosphate,
potash, saltpeter, niter, and the like.
(c) Other substances used in the manufacture of
paints, ceramics and fertilizers and for other industrial purposes.
Section 21. Aerolites or other bodies coming
from sidereal space are minerals within the meaning of this Act, the
disposition of which shall be determined by regulations.
Section 22. Mineral lands may be classified under more than one group,
depending upon the nature and uses of the minerals contained therein.
Section 23. The minerals which are not specifically mentioned in this
Act, and new ones which may be discovered in the future, shall be
classified under their proper groups, whenever necessary, and shall be
included therein by law or regulations.
CHAPTER IV
Exploitation and Prospecting for Mineral Deposits
Section 24. Prospectors may prospect for themselves, or for other
persons, associations, corporations, or other entities, qualified to
locate mining claims and to acquire leases of mineral lands under the
provisions of this Act. A proper power of attorney in writing shall in
each case be given by the employer to his prospector, which power of
attorney shall be duly acknowledged and shall be recorded in the office
of the mining recorder concerned coincident with the recording of a
declaration of location. Regardless of the number of claims located by
the prospector for the same principle in the same province or mining
district, he shall be required to record but one power of attorney in
any such province or district.
Section 25. Officers and employees of the executive or any other branch
of the Government whose duties are related to the administration or
disposition of mineral resources shall not be allowed to prospect,
locate, lease, or hold, directly or indirectly, mineral lands in the
Philippines.
Section 26. Prospecting may be carried on within public lands and
private lands in accordance with the provisions of this Act: Provided,
however, That in the case of private lands no prospecting shall be
allowed except by the owner thereof during the period of one year from
and after the effective date of this Act.
Section 27. Before entering private lands the prospector shall first
apply in writing for written permission of the private owner, claimant,
or holder thereof, and in case of refusal by such private owner,
claimant, or holder to grant such permission, or in case of
disagreement as to the amount of compensation to be paid for such
privilege of prospecting therein, the amount of such compensation shall
be fixed by agreement among the prospector, the Director of the Bureau
of Mines and the surface owner, and in case of their failure to
unanimously agree as to the amount of compensation, all questions at
issue shall be determined by the Court of First Instance of the
province in which said lands are situated in an action instituted for
the purpose by the prospector, or his principal: Provided, however,
That the prospector, or his principal upon depositing with the court
the sum considered jointly by him and the Director of the Bureau of
Mines or by the court to be just compensation for the damages resulting
from such prospecting, shall be permitted to enter upon and locate the
said land without such written permission pending final adjudication of
the amount of such compensation; and in such case the prospector, or
his principal, shall have a prior right as against the world, from the
date of his application. The court in its final judgment, besides
determining the corresponding compensation of the damages which may be
caused by the prospecting, shall make a pronouncement as to the value
of the land and the reasonable rental for the occupation and
utilization thereof for mining purposes in case the prospector decides
to locate and exploit the minerals found therein.
Section 28. No prospecting shall be allowed:
(a) In a mineral reserve which has been proclaimed
closed to mining locations.
(b) In lands covered by patented mining claims.
(c) In lands in which minerals have been discovered
prior to the effective date of this Act and are claimed by the
discoverer or his successors in interest.
(d) In lands which have been located for mining
leases by other prospectors under the provisions of this Act.
(e) Near or under buildings, cemeteries, bridges,
highways, waterways, railroads, reservoirs, dams, or any other public
or private works.
The regulations to be promulgated under this Act shall prescribe in
detail the various restrictions under this section.
CHAPTER V
Discovery of Mineral Deposits and Location of Mining Claims
Section 29. The right to locate a mining claim shall in all cases be
based upon the discovery of mineral therein.
Section 30. The finding of mineral or minerals in place or position
where originally formed in the rock, whether assaying high or low,
shall constitute a valid discovery for the location of a lode mineral
claim. The finding of mineral or minerals in loose, fragmentary or
broken rocks, boulders, floats, beds or deposits whether in greater or
lesser quantities, or the finding of the same in forms other than those
above described for lode mineral claims, shall constitute a valid
discovery for the location of a placer mining claim.
Section 31. A lode mineral claim is a parcel of mineral land containing
a vein, lode, ledge, lens, or mass of ore in place which has been
located in accordance with law. A placer claim is that which does not
come under the definition of lode mineral claim.
Section 32. In case of conflicting locations, priority of discovery,
followed by continuous occupation and prospecting of the land, shall
determine the right to lease the claims, subject to any question as to
the validity of the location and record of the claim and subject to the
holder's having complied with all the requirements of the law:
Provided, however, That actual discovery of minerals made prior to the
effective date of this Act, before or after the enforcement of the
Constitution, shall constitute a valid discovery, and the persons
making such discovery shall have the preferential right to locate and
lease the mining claims covering the minerals discovered, subject to
the provisions of this Act.
Section 33. Immediately upon the discovery of mineral or as soon as
possible thereafter, but not more than thirty days after the date of
the said discovery, the discoverer or locator may locate a mining claim
in accordance with the provisions of this Act, covering the land where
the mineral has been discovered. If no such location is made within
such period, the right to locate a mining claim covering such land
shall be deemed to have been waived.
Section 34. Within sixty days after the completion of the acts of
location of a mining claim, as hereinafter provided, the locator
thereof shall record the same with the mining recorder of the province
or district within which the claim is situated. A claim which shall not
have been recorded within the prescribed period shall be deemed to have
been abandoned.
Section 35. The maximum area which may be acquired under a mining claim
located under the provisions of this Act shall be:
First group:
(a) Metals or metalliferous ores in lode deposits,
nine hectares for an individual, an unincorporated association, a
sociedad anonima, a limited partnership or a corporation.
(b) Metals or metalliferous ores in placer deposits;
not to exceed eight hectares for an individual nor sixty-four hectares
for a corporation, sociedad anonima, or limited partnership: Provided,
That in the case of an unincorporated association the area shall not
exceed eight (8) hectares for each member, nor sixty-four (64) hectares
for the entire association.
Second group:
Precious stones whether in lode or placer deposits, not to exceed four
hectares for any qualified locator or applicant.
Fourth group:
Salines and mineral waters, not to exceed four hectares for any
qualified locator or applicant.
Fifth group:
(a) Building stone, clay, fertilizer, and other
non-metals in placer deposits not to exceed eight hectares for an
individual nor sixty-four hectares for a corporation, sociedad anonima,
or limited partnership; Provided, That in the case of an unincorporated
association the area shall not exceed eight (8) hectares for each
member nor sixty-four (64) hectares for the entire association.
(b) Nonmetals in lode deposit — not to exceed nine
hectares for an individual, unincorporated association, a sociedad
anonima, a limited partnership or a corporation.
Section 36. The disposition of the third group of mineral lands, or
lands containing mineral fuels, whether public or private, shall be
governed by Act Numbered Two thousand seven hundred nineteen, as
amended, entitled "An Act to provide for the leasing and development of
coal lands in the Philippine Islands" and the regulations promulgated
thereunder, and by Act Numbered Two thousand nine hundred thirty-two,
as amended, entitled, "An Act to provide for the exploration, location
and lease of lands containing petroleum and other mineral oils and gas
in the Philippine Islands" and the regulations promulgated thereunder:
Provided, That the granting of permit, license, lease, or concession of
such coal, or petroleum land, shall be limited to citizens of the
Philippines of legal age, or to associations or to corporations
organized and constituted under the laws of the Philippines: Provided,
further, That the provisions of Acts Numbered Two thousand seven
hundred and nineteen, as amended, and Two thousand nine hundred and
thirty-two, as amended, to the contrary notwithstanding, at least sixty
per centum of the capital of such association or corporation shall at
all times be owned and held by citizens of the Philippines. All
licenses, concessions, or leases for the exploitation, development, or
utilization of such coal lands, or lands containing petroleum and other
mineral oils and gas, shall be for a period not exceeding twenty-five
years, renewable for another period not exceeding twenty-five years.
Section 37. In the case of the first, second, fourth, and fifth groups
of mineral lands, no locator, applicant or lessee shall be entitled to
hold or lease in his, its or their own names or in the name of any
person, association, corporation, a sociedad anonima, or limited
partnership more than three lode mineral claims on the same vein or
lode, or more than three placer mining claims, in the case of an
individual, or more than three placer mining claims in the case of a
corporation, an association, a sociedad anonima, or a limited
partnership on the same placer ground.
Section 38. Mining claims of the first, second,
fourth, and fifth groups may be located either as lode or as placer
claims, depending upon whether the mineral deposits therein are found
in lode or in placer form: Provided, however, That if a parcel of land,
by reason of the nature of the mineral deposits found therein, is
subject to either lode or placer location, the prior location of either
class, validly made, shall prevail: Provided, further, That in case a
placer location is made first, the locator thereof must thereafter make
a lode location in order to secure the mining rights to lode deposits
found within the boundaries to all minerals of the group for which the
mining location of the placer claim: Provided, further, That in case a
placer location is made first, the locator, thereof must thereafter
make a lode location in order to secure the mining rights to lode
deposits found within the boundaries of the placer claim: Provided,
further, That in such cases the locator, or his successors in interest,
shall be entitled to all minerals of the group for which the mining
location or locations have been made or the lease granted, which may
lie within his claims, but he shall not be entitled to mine outside the
boundary lines of his claim continued vertically downward: And
provided, finally, That the holder or lessee shall have preferential
right to locate and lease any mineral deposits of any other group found
therein.
Section 39. Lode claims, whether located by one or more persons
qualified to locate mining claims under this Act shall be located in
the following manner and under the following conditions:
Any person so qualified desiring to locate a lode mineral claim shall,
subject to the provisions of this Act, enter upon the same and locate a
plat of ground, measuring not more than three hundred meters in length
by three hundred meters in breadth, in as nearly as possible a
rectangular form; that is to say, all angles shall be right angles,
except in cases where the boundary line of a previously surveyed claim
is adopted as common to both claims, but the lines need not necessarily
be meridional. In defining the size of a mineral claim, it shall be
measured horizontally irrespective of inequalities of the surface of
the ground.
Section 40. A lode claim shall be marked by two posts, placed as nearly
as possible on the line or direction of the lode or vein, and the posts
shall be numbered one and two, and the distance between posts numbered
one and two shall not exceed three hundred meters, the line between
posts numbered one and two to be known as the location line; and upon
posts numbered one and two shall be written the name given to the lode
mineral claim, the name of the locator, and the date of the location.
Upon post numbered one there shall be written, in addition to the
foregoing "Initial post," the approximate compass bearing of post
number two, and statement of the number of meters lying to the right
and to the left of the line from post number one to post number two,
thus: "Initial post. Direction of post number two ___________ meters of
this claim lie on the right and ___________ meters on the left of the
line from number one post to number two post."
Section 41. When a claim has been located the locator shall immediately
mark the line between posts number one and two so that it can be
distinctly seen. The locator shall also place a post at the point where
he has found minerals in place, or on the surface vertically above such
point if the discovery be underground, on which shall be written
"Discovery post": Provided, That when the claim is surveyed the
surveyor shall be guided by the records of the claim, the sketch plan
in the declaration of location made by the locator when the claim was
located and recorded, posts number one and two, and the notice on
number one, the initial post. In cases where, from the nature or shape
of the ground, it is impossible to mark the location line of the claim
as provided in this Act, then the claim may be marked by placing posts
as nearly as possible to the proper position of number one and number
two posts, and noting thereon the distance and direction of such posts
from such positions, which distance and direction shall be set out in
the declaration of location of the claim.
Section 42. In addition to the requirements of sections forty and
forty-one of this Act with regard to the placing of posts number one
and two on the line of location, and to the marking of the line between
them, each locator of the lode mineral claim shall blaze trees along
the boundary line thereof by clearing or by marking the same with any
other readily distinguishable signs or marks, and shall establish each
of the four corners of the claim by marking a standing tree or rock in
place, or by setting in the ground, when practicable, a post or stone.
Each corner shall be distinctly marked with the name of the claim, the
name of the locator, and the date of location, and with such words as
to indicate that it is the northeast, southwest, or other corner, as
the case may be, of the lode mineral claim concerned, and the posts or
stones used to mark such corners shall be as follows:
When a post is used, it must be at least fifteen centimeters in
diameter or twelve centimeters on each side by one hundred forty
centimeters in length, and where practicable, set forty centimeters in
the ground and surrounded by a mound of earth or stone, one hundred
twenty-five centimeters in diameter by sixty-five centimeters in
height; when a stone, not a rock in place is used, it must not be less
than thirty-five centimeters on each side by eighty centimeters in
length, and must be set so as to project half its length above the
ground; when a stone or rock in place is used, a cross must be cut in
the stone, the arms of which cross must be at least twelve centimeters
long, intersecting approximately at right angles and in their centers,
the cutting to be at least two centimeters deep. The intersection of
the arms shall constitute the corner.
Section 43. It shall not be lawful to move
number one post of a lode mineral claim but number two post may be
moved by the mineral land surveyor when the distance between posts
numbered one and two exceeds three hundred meters in order to place
number two post three hundred meters from number one post on the line
of location. When the distance between posts numbered one and two is
less than three hundred meters, the mineral land surveyor shall have no
authority to extend the claim beyond post numbered two.
Section 44. The location line shall govern the direction of one side of
the claim, upon which the survey shall be extended according to the
provisions of this Act.
Section 45. Placer mining claims may be of an irregular pattern
following the meanderings of a creek, river, or stream; Provided, That
on placer grounds not confined to the beds of such creeks, rivers, or
streams, or on those extending beyond the banks thereof, placer claims
shall be located in as nearly as possible rectangular form.
Section 46. The locator of a placer claim shall post upon the same a
notice containing the name of the claim, designating it as a placer
claim, the name of each locator, the date of location, the number of
the corners of the claim, and the number of hectares claimed. He shall
also define the boundaries of the claim by marking a standing tree, or
rock in place, or by setting a post, stone, or monument at each corner
or angle of the claim. The trees, rocks in place, stakes, stones, or
monuments used to mark the corners or angles of a placer mining claim
must be inscribed with a series of consecutive numbers, thus Corner No.
1, Corner No. 2, Corner No. 3, and so forth, in clockwise direction,
and at least the four end corners of the placer mining claim shall be
marked with the name of the claim, the name of the locator, and the
date of location. The posts, stones, or monuments used to mark the
corners of a placer mining claim must be of the dimensions required by
section forty-two of this Act for the posts, stones, or monuments to be
used in marking the corners or angles of a lode mineral claim.
Section 47. The record of a lode or placer claim shall consist of a
declaration of location which shall contain, among others, the name of
the claim, the name of each locator, the date of location, the names of
the sitio, barrio, municipality, province and island, in which the
claim is situated, the words written on the number one and number two
posts in the case of lode claims, and a true copy of the notice posted
on the placer claim and shall recite all the facts necessary to the
identification of the lode or placer claim, as well as a description of
the claim as staked and monumented, showing the length and approximate
compass bearing, as near as may be, of each side or course thereof, and
stating in what manner the respective corners are marked, whether by
standing tree, rock in place, post, or stone, and giving in detail the
distinguishing marks that are written or cut on each, and also stating
as accurately as possible, preferably by bearing and distance, the
position of the claim with reference to some prominent natural objects
or permanent monuments.
Section 48. No lode or placer mining claim shall be recorded unless the
declaration of location be accompanied by an affidavit made by the
applicant or some person on his behalf cognizant of the facts that the
legal notices required by this Act for a lode or a placer claim have
been posted upon the claim, that in the case of a lode claim mineral
has been found in place therein, or in the case of a placer claim the
ground thereby embraced is valuable for placer mining purposes, and
that the ground applied for is unoccupied for mining purposes by any
other person.
Section 49. No lode or placer mining claim shall be recorded unless the
declaration of location be accompanied by proof that the locator, or
each of them, in case there be more than one, is a citizen of the
Philippines, of legal age, or is an association, or a corporation
organized and constituted under the laws of the Philippines, at least
sixty per centum of the capital of which association or corporation is
owned and held by citizens of the Philippines.
Section 50. Proof of citizenship and of age under the clauses of this
Act relating to location and lease of mineral lands may consist, in the
case of an individual, of his own affidavit; in the case of an
association of persons unincorporated, of the affidavit of their
authorized agent made on his own knowledge; and in the case of a
corporation organized under the laws of the Philippines, by the filing
of a certified copy of its charter or certificate of incorporation,
accompanied by the affidavit of any duly authorized representative of
the corporation cognizant of the facts, certifying that at least sixty
per centum of its capital is owned and held by citizens of the
Philippines.
Section 51. The form of declaration of location of a lode mineral claim
and of the accompanying affidavit required by this Act shall be
substantially as follows:
DECLARATION OF LOCATION
(LODE MINERAL)
1. The
undersigned hereby declare and give ______________ notice that, having
complied with the provisions of Act Numbered ________ of the National
Assembly, relative to the location of mining claims, _____________
located _____________ meters on a lode of mineral bearing rock in
place, situated in the sitio of _________________________, barrio of
__________, municipality of ______________, Province of
_________________, Island of _____________, Philippines, and bounded as
follows:
On the north ______________________________________________
_____________________________________________________________
On the east _______________________________________________
_____________________________________________________________
On the south ______________________________________________
_____________________________________________________________
On the west _______________________________________________
_____________________________________________________________ with an
approximate area of ________________ hectares.
A sketch plan of the above described claim is drawn in the following
blank space which shows, as nearly as may be, the shape and size of the
claim, the position of the claim with reference to prominent natural
objects or permanent monuments, the position of adjoining mining claims
and the north-south direction line:
HERE DRAW A SKETCH OF THE LAND
INDICATE
THE NORTH DIRECTION BY AN ARROW
(SKETCH PLAN)
2. That the
name of the above claim is the ___________________ Mineral Claim, and
that the same was located by ____________ from _________ 19___, to
__________________, 19____, inclusive, a total period of ______________
days. As located, the claim has _____________ corners. The locator
__________ desire ____________ this mineral land for the purpose of
extracting therefrom the following minerals: ______________
____________________________________________________________
3. That at the point where minerals were found in
place, there has been set a ______________________ post
{_______ cm. X _________ cm.} by __________ cm. in length,
{_______ cm. in diameter }
and marked "discovery post."
4. That location Post No. 1 is marked as follows:
"Initial post." Direction and distance to Post No. 2;
__________________________, ______________________________
bearing distance
meters ______________ meters of this claim lie on the right and
______________ meters on the left of the location line from Post No. 1
to Post No. 2 __________ Lode Claim, locator __________, date of
location ________________________, 19_____
5. That
location Post No. 2 is marked as follows: Location Post No. 2,
____________ Lode Claim; ___________; (locator) ____________________
(Date of location)
6. That Corner No. 1 is situated ________________
(bearing) _______________ (distance) meters from ________________ and
is marked "_________ Corner No. 1 ___________" Mineral Claim and is
established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with cross.
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone ____________ cm. X ___________ cm. X
________ cm. in length, projecting __________ cm. above the ground.
7. That Corner No. 2 is situated ____________ meters
from Corner No. 1 and is marked "________ Corner No. 2 ________"
Mineral Claim and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with cross.
(b) A ________
post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
8. That Corner No. 3 is situated __________ meters
from Corner No. 2 and is marked "_________ Corner No. 3 ________"
Mineral Claim and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
9. That Corner No. 4 is situated __________ meters
from Corner No. 3 and is marked "_________ Corner No. 4 ________"
Mineral Claim and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________
post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
Witness:
___________________ ___________________
Locator
___________________ ___________________
P.O. Address Agent
Witness
Witness:
___________________ ___________________
P.O. Address
___________________
P.O. Address
AFFIDAVIT
GOVERNMENT OF THE PHILIPPINES
Municipality of ___________________} s. s.
Province of ______________________}
_________________________ being first duly sworn, deposes and says:
That ________________________ citizen __________________ of the
________________, and _____________ of legal age;
That the affiant ______________ the {locator/agent} of the said
_____________________ who _____________________ the locator
______________ and _________________ cognizant of the facts of the
above-mentioned Mineral Claims;
That all the notices and posts mentioned in the foregoing Declaration
of Location of the _______________ Mineral Claim have been put up;
That the corners of the said Claim have been established and marked as
therein described;
That mineral has been found in place in the above-mentioned Claim; and
That the ground within the boundaries of said Claim is unoccupied by
any other person for mining purposes.
____________________
Locator
____________________
Agent
Subscribed and sworn to before me this ________________ day of
_____________, 19_____, affiant exhibiting his cedula No. ________
issued at ___________________, on the ______________ day of
____________, 19______.
____________________
____________________
____________________
Section 52. The form of declaration of location of a placer claim and of
the accompanying affidavit required by this Act shall be substantially
as follows:
DECLARATION OF LOCATION
(PLACER)
1. The undersigned hereby declare ___________________
and give _______________ notice that, having complied with the
provisions of Act Numbered ______________________ of the National
Assembly, relative to the location of mining claims,
__________________________________ of _________________, barrio of
_____________________, municipality of
_______________________, Philippines and bounded as follows:
On the north ______________________________________________
_____________________________________________________________
On the east _______________________________________________
_____________________________________________________________
On the south ______________________________________________
_____________________________________________________________
On the west _______________________________________________
_____________________________________________________________ with an
approximate area of ________________ hectares.
A sketch plan of the above described claim is drawn in the following
blank space which shows, as nearly as may be, the shape and size of the
claim, the position of the claim with reference to prominent natural
objects or permanent monuments and the position of adjoining claims and
the north-south direction line:
HERE DRAW A SKETCH OF THE LAND.
INDICATE
THE NORTH DIRECTION BY AN ARROW
(SKETCH PLAN)
2. That the name of the above location is the
________________ Placer Mining Claim, and that the same was located by
______________ from _________________, 19____, to ____________, 19____,
inclusive, a total period of _________ days. As located, the claim has
_______________ corners. The locator ______________ desires
_____________ this mineral land for the purpose of extracting minerals
therefrom.
3. That on the ____________ day of _____________,
19____, a notice of placer location was posted upon the claim of which
the following is a true copy:
"NOTICE OF LOCATION"
"The undersigned
__________________ located at this place, ___________________ hectares
of placer mining ground. The name of said claim is the
______________________ Placer Mining Claim. Date of location
_______________________, 19_____, ___________
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
"____________________"
"Locator"
By __________________"
"Agent"
4. That Corner No. 1 is situated _________________
meters from ____________________________ and is marked "____________
Corner No. 1 _____________ Placer Mining Claim," and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________ post {______ cm X _______ cm.}
{______ cm. in diameter}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone
__________ cm. X __________ cm. X ___________ cm. in length, projecting
________ cm. above the ground.
5. That Corner No. 2 is situated ____________________
meters from Corner No. 1, is marked "________________ Corner No. 2
__________________ Placer Mining Claim," and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________ post {______ cm X _______ cm.}
{______ cm. in diameter}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
6. That Corner No. 3 is situated ___________ meters
from Corner No. 2, is marked "_________ Corner No. 3 _________ Placer
Mining Claim," and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________ post {______ cm X _______ cm.}
{______ cm. in diameter}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone
__________ cm. X __________ cm. X ___________ cm. in length, projecting
________ cm. above the ground.
7. That Corner No. 4 is situated ___________ meters
from Corner No. 3, is marked "_________ Corner No. 4 _________ Placer
Mining Claim" and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________ post {______ cm X _______ cm.}
{______ cm. in diameter}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
__________________
Locator
By ________________
Agent
___________________
___________________
P.O. Address
Witness:
____________________
P.O. Address __________
____________________
P.O. Address __________
____________________
P.O. Address __________
____________________
P.O. Address __________
____________________
P.O. Address __________
____________________
P.O. Address __________
____________________
AFFIDAVIT
GOVERNMENT OF THE PHILIPPINES
Province of ______________________} s. s.
Municipality of ___________________}
_________________________ being first duly sworn, deposes and says:
That ________________________ citizen __________________ of the
________________, and _____________ of legal age;
That the affiant ______________ the {locator/agent} of the said
_____________________ who _____________________ the locator
______________ and _________________ cognizant of the facts of the
above-mentioned Mineral Claim;
That all the notices and posts mentioned in the foregoing Declaration
of Location of the _______________ Placer Mining Claim have been put up;
That the ground described in the Declaration of Location is valuable
for placer mining purposes; and
That the land within the boundaries of said Claim is unoccupied by any
other person for mining purposes.
____________________
Locator
____________________
Agent
Subscribed and sworn to before me this ________________ day of
_____________, 19_____, affiant exhibiting his cedula No. ________
issued at ___________________, on the ______________ day of
____________, 19______.
____________________
____________________
____________________
Section 53. The mining recorder shall note on each instrument filed for
record the year, month, and day, and the hour and minute of the day on
which the same was so filed, and after it has been recorded he shall
endorse thereon or on the back thereof certificate in the following
form:
OFFICE OF THE MINING RECORDER
_______________ {Province of/District of} _________________
The within instrument was filed for record in this office at _________
o'clock __________ minutes m. on the ________ day of ___________ A. D
______________ and has been recorded in Book No. __________ of the
records of Mining Claims on page No. ___________ Paid under official
receipt No. ___________ dated ____________ in the amount of P__________.
_____________________
Mining Recorder or
District Mining Officer
Section 54. The register of deeds of the province concerned shall act as
mining recorder for that province: Provided, however, That if
circumstances so require, the President may appoint district mining
officers, or mining recorders or by administrative order impose the
performance of the duties of the local district mining officer or
mining recorder upon any official or employee in the public service.
All such district mining officers or mining recorders shall be under
the direction, supervision, and control of the Director of the Bureau
of Mines in so far as their duties as district mining officers or
mining recorders are concerned.
Section 55. The Secretary of Agriculture and Commerce may establish
mining districts, the boundaries of which shall, so far as is
practicable, coincide with the boundaries of the corresponding
provinces, but when local conditions so require two or more provinces
or parts thereof may be included in the same mining district.
Section 56. All declarations of location, affidavits, powers of
attorney, and all other documents or instruments in writing, regarding
or affecting the possession of mining claims or any right or title
thereto, or interest therein, shall be recorded by the mining recorder
in the order in which they are filed for period, and from and after
such recording, all such documents or instruments in writing shall
constitute notice to all persons and to the whole of the contents of
the same.
Section 57. If at any time the locator of any mining claim located under
the provisions of this Act, or his successors or assigns, shall
apprehend that his original location notice or declaration of location
was defective, or erroneous, or that the requirements of the law had
not been complied with before recording, or shall be desirous of
changing his boundaries so as to include ground not embraced by the
location as originally made and recorded, and the locator, or his
assigns, shall desire to conform the location and declaration of
location thereto, such locator, his successors or assigns, may file an
amended declaration of location in accordance with the provisions of
this Act, with the mining recorder of the province or district in which
such claim is situated: Provided, That such amended declaration of
location does not interfere at the date of its filing for record with
the existing rights of any other person or persons and that no lease on
the mining claim affected has as yet been granted to him by the
Government prior to the filing of the amended declaration of location.
Such amended declaration of location, with the accompanying affidavit,
shall be substantially in the following form:
AMENDED DECLARATION OF LOCATION
(LODE MINERAL)
1. The undersigned hereby declare _________________
and give __________________ notice that, having complied with the
provisions of Act Numbered _____________________ of the National
Assembly relative to the location of mining claims ________________
___________________ amended the Declaration of location of the
above-named mineral claim, and ________________ located ______________
meters on a lode in which mineral bearing rock has been found in place;
situated in the sitio of _____________ barrio of
______________________; municipality of ______________________,
Province of _____________ Island of ______________, Philippines and
bounded as follows:
On the north ______________________________________________
_____________________________________________________________
On the east _______________________________________________
_____________________________________________________________
On the south
______________________________________________
_____________________________________________________________
On the west _______________________________________________
_____________________________________________________________ with an
approximate area of ________________ hectares.
A sketch plan of the claim as amended herein is drawn in the following
blank space which shows, as nearly as may be, the shape and size of the
claim, the position of the claim with reference to prominent natural
objects or permanent monuments, the position of adjoining mining
claims, and the north-south direction line:
HERE DRAW A SKETCH OF THE LAND. INDICATE THE NORTH DIRECTION BY AN ARROW
(SKETCH PLAN)
2. That the name of the above claim is the
____________________ Mineral Claim, and that the same was amended by
_____________________ from _____________________, 19_____, inclusive, a
total period of _________ days. As amended, the claim has
_______________ corners. The locator ________________ holder
______________ desire ____________ this mineral land for the purpose of
extracting minerals found therein.
3. That at the point where minerals were found in
place, there has been set a ______________________
post {_______ cm. X _________ cm.}
{_______ cm. in diameter} by __________ cm.
in length, and marked "Discovery Post."
4. That
location Post No. 1 is marked as follows "Initial Post." Direction and
distance to Post No. 2, _______________________ meters. _______________
meters of this claim lie on the right and ____________ meters on left
of the location line from Post No. 1 to Post No. 2; __________________
Lode Claim; locator ______________ or holder _____________ date of
original location _____________________ 19, date of amended location
________________, 19_____.
5. That location Post No. 2 is marked as follows:
_______________ "____________________ Lode Claim; ____________________
locator or holder __________________ date of original location,
________________, 19____, date of amended location
________________________, 19_____"
6. That Corner No. 1 is situated
_____________________________ meters from __________________ and is
marked "_____________________ Corner No. 1 ________________ Mineral
Claim" and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with a cross.
(b) A ________ post {______ cm X _______ cm.}
{______ cm. in diameter}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
7. That Corner
No. 2 is situated _________________ meters from Corner No. 1 and is
marked "_______________ Corner No. 2 __________ Mineral Claim" and is
established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
8. That Corner No. 3 is situated ______________
meters from Corner No. 2 and is marked "______________ Corner No. 3
_____________ Mineral Claim"
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with a cross.
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
9. That Corner No. 4 is situated ________________
meters from Corner No. 3 and is marked "_____________ Corner No. 4
___________ Mineral Claim" and is established by:
(a) A
{_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with a cross.
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
10. That the amendment is made for the following
reasons:
____________________________________________________________________________________________________________________________
Witness:
___________________ ______________________
___________________ Locator Holder
P.O. Address By
_____________________
Agent
______________________
P.O. Address
Witness:
___________________
___________________
P.O. Address
AFFIDAVIT
GOVERNMENT OF THE PHILIPPINES
Province of _________________________} s. s.
Municipality of ______________________}
_________________________ being first sworn deposes and says:
That ________________________ citizen __________________ of the
________________ and _____________ of legal age;
That the affiant __________________________________ the
{locator/holder/agent} of the said ___________________________, who
_______________ the locator ______________ holder ________________ and
_____________________ cognizant of the facts of the above-mentioned
mineral claim;
That all the notices and posts
mentioned in the foregoing Amended Declaration of Location of the
_____________________________ Mineral Claim have been put up;
That the corners of said claim have been established and marked as
therein described;
That mineral has been found in place on the above-named claim;
That this Declaration of Location, as amended, does not interfere, at
the date of its filing for record, with the existing rights of any
person or persons.
______________________
Lessee, Holder, Locator
______________________
Agent
Subscribed and sworn to before me this __________________ day of
_______________, 19_____, affiant exhibiting his cedula No. _________
issued at _______________ on the _________ day of ______________, 19____
______________________
AMENDED DECLARATION OF LOCATION
(PLACER)
1. The
undersigned hereby declare __________________ and give _____________
notice that, having complied with the provisions of Act Numbered
_________________ of the National Assembly relative to location of
mining claim, __________________ amended the Declaration of Location of
the above-mentioned mining claim, and __________________ located
certain placer mining ground, situated in the sitio of
___________________, barrio of ___________________________,
municipality of _____________, Province of _______________ Island of
______________ Philippines, and bounded as follows:
On the north ______________________________________________
_____________________________________________________________
On the east _______________________________________________
_____________________________________________________________
On the south ______________________________________________
_____________________________________________________________
On the west _______________________________________________
_____________________________________________________________ with an
approximate area of ________________ hectares.
A sketch plan of the claim as amended herein, is drawn in the following
blank space which shows, as nearly as may be, the shape and size of the
claim, the position of the claim with reference to permanent natural
objects or permanent monuments, the position of the adjoining mining
claims, and the north-south direction line:
HERE DRAW A SKETCH OF THE LAND.
INDICATE
THE NORTH DIRECTION BY AN ARROW
(SKETCH PLAN)
2. That the name of the above location is the
___________________ Placer Mining Claim, and that the same was amended
by _____________ from ___________________ 19______, to
_________________________ ____________________, 19______, inclusive, a
total period of _______________ days. As amended, the claim has
_________________ corners. The locator ________________ or holder
_______________ desire ________________ this mineral land for the
purpose of extracting minerals found therein.
3. That on the _____________ day _________________,
19____, a notice of placer location was posted upon the claim of which
the following is a true copy:
"NOTICE OF PLACER LOCATION"
"The undersigned ________________________________ located at this
place, _______________ hectares of placer mining ground. The name of
the said claim is the _______________ Placer Mining Claim. Date of
original Location ______________, 19_____, date of amended location
______________, 19______
"____________________"
Locator
By "__________________"
Agent
4. That Corner No. 1 is situated ________________
meters from ________________________ and is marked "___________________
Corner No. 1 __________ Placer Mining Claim," and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with a cross.
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
5. That Corner
No. 2 is situated _________________________ meters from Corner No. 1,
is marked "___________________ Corner No. 2 _____________ Placer Mining
Claim," and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with a cross.
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
6. That Corner No. 3 is situated ________________
meters from Corner No. 2, is marked "__________________ Corner No. 3
____________ Placer Mining Claim," and is established by:
(a) A {_________ tree __________ cm. in diameter}
{fixed rock _________ cm. X _________ cm.}
marked with a cross.
(b) A ________ post {______ cm. in diameter}
{______ cm X _______ cm.}
set approximately __________ cm. in the ground and surrounded by a
mound of {earth/stone}________ cm. in diameter by _________ cm. in
height.
(c) A stone __________ cm. X __________ cm. X
___________ cm. in length, projecting ________ cm. above the ground.
8. That the
amendment is made for the following reasons:
__________________________________________________________________________________________________________________________________________________________________________________________
(Locator) (Holder)
Witnesses
____________________
____________________
By _____________________
P.O. Address ______________ P.O. Address
_______________
________________________ _________________________
P.O. Address ______________ P.O. Address
_______________
________________________ _________________________
P.O. Address ______________ P.O. Address
_______________
________________________ _________________________
P.O. Address ______________ P.O. Address
_______________
AFFIDAVIT
GOVERNMENT OF THE PHILIPPINES
Province of _________________________} s. s.
Municipality of ______________________}
_____________________________ being first duly sworn, deposes and says:
That ___________________________________ citizen ___________ of the
________________________, and ___________________ and of legal age;
That the affiant _____________________ the {locator/holder/agent} of
the said _______________ who ________________ the locator
___________________ holder _______________ and ________________
cognizant of the facts of the above-mentioned Placer Claim;
That all of the posts and notices mentioned in the foregoing Amended
Declaration of Location of the __________________________ Placer Mining
Claim have been put up;
That the ground described on the Amended Declaration of Location is
valuable for placer mining purposes;
That this Declaration of Location, as amended, does not interfere, at
the date of its filing for record, with the existing rights of any
person or persons.
_______________ _______________
_______________
Locator Holder
Agent
Subscribed and sworn to before me this _____________ day of
_____________________, 19_____, affiant exhibiting his cedula No.
___________________ issued at __________________________ on the
_______________ day of ____________ 19_____
______________________
Section 58. There shall be paid to the provincial treasurer or to the
mining recorder duly authorized to receive payment, a fee of three
pesos for each original or amended declaration of location of mining
claim, for each affidavit accompanying such declaration, and for each
power of attorney, document, or instrument in writing, regarding or
affecting the possession of mining claims or any right or title
thereto, or interest therein, filed for record, and, on the
presentation of the receipt of the provincial treasurer or mining
recorder duly authorized to receive payment, the said declaration,
affidavit, power of attorney, document or instrument in writing shall
be recorded by the mining recorder: Provided, That the affidavit of the
locator of the mining claim or of his, its, or their agent, required by
this Act, have been filed and the fees herein required have been paid.
The fees shall be accounted for as other collections of the officers
receiving them, and deposited to the credit of the proper province or
municipality, as the case may be, in accordance with the next following
section of this Act.
Section 59. Fifty per centum of the fees collected by authority of the
preceding section shall accrue to the province, and fifty per centum of
the same, shall accrue to the municipality in which the mining claim is
located. In the case of chartered cities the full amount shall accrue
to the city concerned.
Section 60. No valid mining claim or any part thereof, may be located by
others until the original locator or his successors in interest
abandons the claim or forfeits his rights on the same under the
provisions of this Act.
Section 61. Conflicts and disputes arising out of mining locations may
be submitted to the Director of the Bureau of Mines for decision:
Provided, That such decision may be appealed to the Secretary of
Agriculture and Commerce within ninety days from the date of its entry.
In case any one of the interested parties should disagree from the
decision of the Director of the Bureau of Mines or of the Secretary of
Agriculture and Commerce, the matter may be taken to the court of
competent jurisdiction within ninety days after notice of such
decision, after which time without the institution of such action the
said decision shall be final and binding upon the parties concerned.
Section 62. Any qualified person making a valid location of a mining
claim, his successors, and assigns, acquires thereby the right of
exploration and occupation from the date of the registry of the claims
in the office of the mining recorder; but he shall not be entitled to
mine or extract minerals from the claim for commercial purposes until a
lease is granted thereon as provided for in this Act: Provided,
however, That if an application for lease of said mining claim is made,
such application shall ipso facto serve to extend the period of such
right until final action is taken thereon.
Section 63. At any time prior to the granting of the lease on his mining
claim a holder thereof may abandon the same by giving notice in writing
to the mining recorder of his intention to abandon the same, and from
the date of the record of such notice all his interests in such claim
shall cease.
CHAPTER VI
Survey and Lease of Mineral Lands
Section 64. The Director of the Bureau of Mines may designate competent
mineral or deputy mineral land surveyors to survey mining claims for
any necessary purpose under the provisions of this Act. He is also
hereby empowered to fix the bonds of duly qualified deputy mineral land
surveyors and to issue the necessary regulations governing the
execution and verification of surveys of mineral lands in the
Philippines. All applications for official surveys of mining claims
shall be filed with the Director of the Bureau of Mines and the
expenses of such surveys shall be paid by the applicants. They shall be
at liberty to employ any such deputy mineral surveyor to make the
survey at the most reasonable rate.
Section 65. At the time of the official survey the corners of mining
claims shall be marked with concrete monuments, iron pipes, or with
such other objects of a permanent nature as may be prescribed by
regulations.
Section 66. In all surveys the astronomical meridian shall be made
within the limits of accuracy prescribed by regulations. After the
technical adjustments have been made the resulting bearings and
distances between consecutive corners as computed from the adjusted
data, shall be adopted and recognized.
Section 67. Any person authorized to locate a mining claim under this
Act, having claimed and located a piece of land for mining purposes who
has complied with the terms of this Act, may file with the Director of
the Bureau of Mines an application under oath for a mining lease
thereon, showing such compliance. A plan and a technical description of
the mining claim covered by the application shall be filed therewith or
as soon thereafter as the same may be obtained from the Bureau of Mines
under the provisions of this Act. In the case of an application to
lease a mining claim located on private lands, the same shall be
accompanied by a written authority of the owner of the land: Provided,
however, That in case of refusal of the owner of the land to grant such
written authority, the same shall be granted by the court as soon as
the applicant deposits the amount fixed as the value of the land and as
compensation for any resulting damage or files a bond to be approved by
the Court sufficient to insure the payment of the rental of the land as
determined in accordance with section twenty-seven of this Act. Should
there have been no proceeding instituted by the applicant, as provided
for under section twenty-seven of this Act, the Court shall determine
the value of the land and the compensation for any resulting damage or
its reasonable rental for the purposes above mentioned and grant the
written authority required herein.
Section 68. Application for a lease on mining claim shall be filed
within two years from the date of the recording of the claim in the
office of the mining recorder or within two years from the date of the
approval of this Act. Failure to file such application within the
period above mentioned shall be deemed an abandonment of the mining
claim, and the land embraced within such claim shall thereupon be open
to relocation in the same manner as if no location of the same had ever
been made: Provided, That the original locator, his heirs, or his
assigns, who has or have thus failed to file a lease application on the
claim shall not be entitled to relocate, directly or indirectly, the
land embraced within such claim, or any part thereof.
Section 69. A single application may be filed, and a single lease may be
granted covering one or more mining claims: Provided, That all such
claims to be included under one lease are adjoining or contiguous to
each other, and are held by the same holder: Provided, further, That
the total area or number of the said claims to be covered by a single
lease shall not exceed the maximum area, or the maximum number of
claims authorized to be held or leased in any province or district, or
on the same vein, or on the same placer ground by any one person,
association, or corporation.
Section 70. All applications for mining lease shall be addressed to the
Director of Mines, sworn to and shall state, among others:
(a) The name and post-office address of the
applicant, stating whether he is an individual, his first name and
surname both paternal and maternal, his birthplace, age and
citizenship, and capital intended for the exploitation of the land, and
if it is a corporation or association, stating its complete title and
accompanying (1) a certified copy of the deed of partnership, its
by-laws and rules; (2) a certified list of the stockholders and
partners, with the details above specified insofar as the individual
applicants are concerned, the number of shares he possesses and the
amount he paid for them; (3) a certified list of its board of directors
and executive officers, with the address of their offices and
residences; and (4) in case there are foreign stockholders or partners,
the total amount of the shares of each one of them in the capital stock.
(b) That the application is made for the exclusive
benefit of the applicant and not, directly or indirectly, for that of
any other person whether natural or juridical who is disqualified to
acquire a mining lease under the law.
Section 71. The statements made in the application or made later in
support thereof, shall be considered as conditions and essential parts
of the lease that may be granted by virtue of such application, and any
falsehood in those statements or omission of facts which may alter,
change or affect substantially the facts set forth in said statements
shall cause the cancellation of the lease granted.
Section 72. Upon receipt of the application, and provided that the
requirements of this Act have been substantially complied with, the
Director of the Bureau of Mines shall publish a notice that such
application has been made, once a week for a period of three
consecutive weeks, in the Official Gazette and in two newspapers, one
published in Manila either in English or Spanish, and the other
published in the municipality or province in which the mining claim is
located, if there is such newspaper, otherwise, in the newspaper
published in the nearest municipality or province. The first
publication of such notice shall be made within thirty days after the
filing of the application for lease, if such application is accompanied
by an official plan and technical description of the claim or claims
covered by the application, and thirty days after the filing of the
official plan and technical description of the claim or claims covered
by the application, if such application was filed in advance of the
filing of such plan and technical description. The Director of the
Bureau of Mines shall also cause to be posted on the bulletin board of
the Bureau of Mines the same notice for the same period. The applicant
shall post for the same period a copy of the plat of the claim or
claims applied for, together with a notice of such application for
lease, in a conspicuous place on the land embraced in such plat, on the
bulletin board, if any, of the municipal building of the municipality,
and also in the office of the mining recorder or district mining
officer of the province or district in which the claim or claims are
located and shall file with the Director of the Bureau of Mines the
affidavit of at least two persons stating that such notice has been
duly posted in the places above specified. At the expiration of the
period of publication the applicant shall file with the Director of the
Bureau of Mines an affidavit showing that the plat and notice have been
posted in a conspicuous place on the claim or claims concerned and in
the places above specified during such period of publication, and
thereupon, if no adverse claim shall have been presented to the
Director of the Bureau of Mines, it shall be conclusively presumed that
no adverse claim exists and thereafter no objection from third parties
to the granting of the lease shall be heard; and the lease shall within
forty-five days be granted to the applicant, or to his successor or
assigns, by the Secretary of Agriculture and Commerce, provided that
all amounts then due to the Government of the Philippines, or any of
its branches or subdivisions, under the provisions of this Act, shall
have been paid.
Section 73. At any time during the period of
publication, any adverse claim may be filed under oath with the
Director of the Bureau of Mines, and shall state in full detail the
nature, boundaries, and extent of the adverse claim, and shall be
accompanied by all plans, documents, and agreements upon which such
adverse claim is based. Upon the filing of any adverse claim all
proceedings except the publication of notice of application for lease
and the making and filing of the affidavits in connection therewith, as
herein prescribed, shall be stayed until the controversy shall have
been settled or decided by a court of competent jurisdiction, or the
adverse claim waived. It shall be the duty of the adverse claimant,
within forty-five days after filing his claim, to commence proceedings
in a court of competent jurisdiction to determine the controversy and
to prosecute the same with reasonable diligence to final judgment, and
a failure to do so shall be considered as a waiver of his adverse
claim. After such judgment shall been rendered, the party whose right
to a lease on the mining claim in controversy, or any portion thereof,
shall have been established thereby, may, without giving further
notice, file a certified copy of the judgment with the Director of the
Bureau of Mines, and the description required in such cases, together
with the proper fees, whereupon a lease may forthwith be granted
thereon on such mining claim or on such portion thereof as the
applicant may be entitled to under the decision of the court. If the
decision of the court is that several parties are entitled to leases
upon separate and different portions of the mining claim, the subject
matter of the application, and such parties have theretofore applied
therefor, leases may forthwith be issued to the said several parties
according to their respective rights as determined by the decision. If
in any action brought pursuant to this section a right to a lease upon
any of the claim in controversy shall not be established by any of the
parties, the courts shall so find and judgment shall be entered
accordingly. In such case the clerk of the court rendering judgment
shall file a certified copy of the judgment with the Director of the
Bureau of Mines, whereupon the proceedings under the lease application
shall be dismissed and the application denied.
Section 74. Leases under the provisions of this Act shall be for a
period not exceeding twenty-five years from the date of the execution
of the lease contract, and shall be renewable under such terms and
conditions as may be provided by law for another period not exceeding
twenty-five years. The total period of any lease and the extension
thereof shall not exceed fifty years. Such leases shall provide that
the lessee may at any time during the life of the lease apply for the
cancellation of the same, and surrender the property leased whenever,
because of force majeure, or for other causes, it is impossible to
continue profitable mining operations thereon. No such lease or renewal
thereof shall be assigned or sublet without the prior consent of the
Secretary of Agriculture and Commerce which shall be granted if the
assignment or sublease is to such persons, associations, or
corporations as have the qualifications required of locators, holders,
or lessees under the provisions of this Act.
Section 75. Leases may be granted covering
mining claims located on private lands: Provided, That any exploration,
occupation, use or lease of any private land pursuant to this Act shall
be subject to the payment of compensation to the owner thereof as
provided in this Act.
Section 76. Subject to the provisions of Article XII of the
Constitution, the maximum area that may be leased to a person,
association, or corporation under the provisions of this Act in any one
province shall be as follows:
(a) For lands of the first group containing metals or
metalliferous ores: not more than four hundred fifty hectares
containing minerals in vein or lode deposits for any individual,
association, partnership, sociedad anonima or corporation, nor more
than four hundred hectares containing minerals in placer deposits for
any individual, nor more than three thousand two hundred hectares
containing minerals in placer deposits for any corporation,
association, sociedad anonima or limited partnership: Provided,
however, That in no case shall the total number of lode mineral claims
that a lessee may lease, exceed two hundred fifty in the entire
Philippines.
(b) For lands of the second group containing precious
stones: not more than forty hectares for an individual, nor more than
three hundred twenty hectares for a corporation, or an association,
sociedad anonima, or limited partnership.
(c) For lands of the fourth group containing salines
and mineral waters: not more than twenty-four hectares for an
individual, nor more than one hundred ninety-two hectares for a
corporation, an association, sociedad anonima, or limited partnership.
(d) For lands of the fifth group containing building
stones in place, clays, fertilizers, and other nonmetals: not more than
four hundred fifty hectares containing minerals in vein or lode
deposits for any individual, association, sociedad anonima, limited
partnership or corporation: Provided, however, That in no case shall
the total number of such lode mineral claims exceed two hundred fifty
in the entire Philippines; nor more than four hundred hectares
containing minerals in placer deposits for any individual; nor more
than three thousand two hundred hectares containing minerals in placer
deposits for any association, sociedad anonima, limited partnership or
corporation.
Section 77. Every lease granted under this Act shall contain a clause by
which the lessee shall bind himself to comply with the provisions of
this Act and with such rules and regulations for the policing and
sanitation of mines, easements, drainage, disposal of waste or
tailings, water rights, right-of-way, right of Government survey and
inspection, and other necessary means to their economic utilization, as
well as such rules for the purpose of insuring the exercise of
reasonable diligence, skill, and care in the mining operation on the
land covered by the lease, as may be promulgated by the Director of the
Bureau of Mines and approved by the Secretary of Agriculture and
Commerce, under and pursuant to the provisions of this Act.
Section 78. Every lease granted under this Act
shall be construed as granting to the lessee, his successors or
assigns, the right to extract all mineral deposits of the group for
which the lease or leases had been granted within the boundary lines of
the claim or claims covered by the lease, continued vertically
downward; to remove and utilize the same for his own benefit, and to
use the lands covered by the lease for the purpose or purposes
specified therein: Provided, That in the case of leases covering placer
locations the lessee shall not be entitled to extract minerals from any
lode or vein deposit found within the boundary of his, its, or their
placer claims but the lessee shall have the preferential right to
locate and lease such lode deposits. The same privilege shall be
granted to lessee for minerals or mineral products belonging to
different group or groups found therein upon the condition that the
lessee shall first comply with the requirements of the law. Any such
location, occupation, use, or lease permitted under this Act shall
reserve to the Government the right to grant or use such easements in,
over, under, through, or upon lands so entered, located, occupied,
leased or used, as may be necessary to the working of the same, or of
other mineral lands: Provided, That the Secretary of Agriculture and
Commerce, in granting any lease under this Act may reserve to the
Government the right to lease, sell, or otherwise dispose of the
surface of the lands embraced within such lease, under existing law or
laws, insofar as said surface is not necessary for use by the lessee in
extracting and removing the mineral deposits from the land covered by
such lease, or in beneficiation of the ores extracted therefrom, or
from any other mining claim. The Secretary of Agriculture and Commerce,
during the life of the lease, is authorized to issue permits for
easements herein provided to be reserved, and to permit the use of the
lands covered by the lease, or of such other public lands, as may be
necessary for the construction and maintenance of mills, mining camps,
or other works incident to the mining and milling operations on the
lands covered by any lease granted under this Act, or on any other
mineral lands.
Section 79. For the privilege of exploring,
developing, mining, extracting, and disposing of the minerals from the
lands covered by his lease, the lessee shall pay to the Government of
the Philippines, through the Collector of Internal Revenue, the
rentals, royalties, and taxes provided by law. The rentals shall be due
and payable in advance on the date of the granting of the lease, and on
the same date every year thereafter during the life of the lease or any
renewal thereof; the royalties shall be due and payable within sixty
days after the shipment of the mineral or mineral products from the
mines; and the tax at the time and in the manner all other real estate
taxes are payable under the law. Before the mineral or mineral products
are removed from the mines, the Collector of Internal Revenue or his
representatives shall first be duly notified thereof. The rentals,
royalties, and taxes, shall be as follows:
(a) Rentals. — On all mineral lands of the first,
second, fourth, and fifth groups provided for under this Act — one peso
per hectare or fraction thereof. Fifty per centum of all the rentals
collected shall accrue to the province, and fifty per centum, to the
municipality in which the mining claim or claims is or are located:
Provided, That in case of chartered cities the full amount shall accrue
to the city concerned.
(b) Royalties. — On all minerals extracted from, or
mineral products of, mineral lands of the first, second, fourth and
fifth groups as provided for in this Act — a royalty of one and
one-half per centum of the actual market value of gross output thereof;
Provided, That in the case of gold mines, their annual gross output
shall be subject to a royalty of one and one-half per centum when the
value of the said output does not exceed five hundred thousand pesos;
two per centum when the value exceeds five hundred thousand pesos but
does not exceed one million pesos; two and one-half per centum when the
value exceeds one million pesos but does not exceed one million five
hundred thousand pesos; three per centum when the value exceeds one
million five hundred thousand pesos but does not exceed two million
pesos; three and three-eighths per centum when the value exceeds two
million pesos but does not exceed two million five hundred thousand
pesos; three and three-fourths per centum when the value exceeds two
million five hundred thousand pesos but does not exceed three million
pesos; four and one-eighth per centum when the value exceeds three
million pesos but does not exceed three million five hundred thousand
pesos; four and one-half per centum when the value exceeds three
million five hundred thousand pesos but does not exceed four million
pesos; four and three-fourths per centum when the value exceeds four
million pesos but does not exceed four million five hundred thousand
pesos; five per centum when the value exceeds four million five hundred
thousand pesos but does not exceed five million pesos; five and
one-eighth per centum when the value exceeds five million pesos but
does not exceed five million five hundred thousand pesos; five and
one-fourth per centum when the value exceeds five million five hundred
thousand pesos but does not exceed six million pesos; five and
three-eighths per centum when the value exceeds six million pesos but
does not exceed six million five hundred thousand pesos; and five and
one-half per centum when the value exceeds six million five hundred
thousand pesos: Provided, further, That the following rates of
deduction from the royalties on the annual gross output of gold payable
under the provisions of this section shall be allowed:
(1) Fifteen per centum in the case of lode mines
producing gold from ores which average less than ten pesos, but more
than seven pesos per ton;
(2) Twenty-five per centum in the case of lode mines
producing gold from ores which averages less than seven pesos per ton.
The average value per ton of ore shall be determined by the total
number of tons milled during that year for any particular lode mine.
(3) Thirty-five per centum in the case of gold placer
mines.
The term "gross output" of mines or mineral lands shall be interpreted
as the actual market value of mineral or mineral products, or of
bullion from each mine or mineral lands operating as a separate entity
without any deduction for mining, milling, refining, transporting,
handling, marketing, or any other expenses. The output of any group of
contiguous mining claims shall not be subdivided. All the royalties
herein provided to be charged shall accrue to the general fund of the
Philippine Treasury, and shall be in lieu of the ad valorem tax on the
market value of the output of mines provided to be levied and
collected, under section fifteen hundred thirty-four of the Revised
Administrative Code, as amended by Act Numbered Four thousand
fifty-eight. In case mining is carried on upon private lands, the
royalty due on the value of the output of such mines under any and all
leases granted for the purposes shall be reduced by five per centum of
the amount due to the Government under the provisions of this Act,
which reduction shall be paid by the lessee to the land owner. This
privilege shall not be granted to any person acquiring an option on the
surface right after any mining location has been made on the mineral
found therein.
(c) Taxes. — All buildings and other improvements
built in the land leased, except machines, mechanical, electrical and
chemical contrivances, instruments, tools, implements, appliances and
apparatus, used in connection with the mining and milling operations on
the land leased, shall be subject to an annual real estate tax which
shall be paid at the rate and in the manner all other real estate taxes
are paid under the law. Fifty per centum of the real estate tax
collected as herein provided shall accrue to the province, and fifty
per centum of the same shall accrue to the municipality in which the
mineral land leased is located: Provided, That in the case of chartered
cities the full amount shall accrue to the city concerned.
In contracts of lease granted under this Act, it shall be provided that
the rentals, royalties, and taxes, shall be payable in accordance with
the provisions of existing law.
Section 80. Failure to pay the annual rentals or
royalties required by this Act for a period of ninety days after demand
shall cause the lease concerned to lapse and the claim or claims, with
respect to which such failure to pay was made, shall thereupon be open
to relocation and lease by other persons qualified to locate and lease
mining claims under the provisions of this Act in the same manner as if
no location of the same had ever been made, unless the lessee, his
heirs, executors, administrators, assigns or legal representatives
shall have paid all such annual rentals and royalties due and have
resumed work on the claim or claims after such failure and before such
relocation: Provided, That no person who may be delinquent in the
payment of any rental or royalty hereinabove required to be paid on any
mining claim or claims held under lease may relocate the same or any
portion thereof: Provided, further, That nothing herein contained shall
preclude the Government from collecting any rental, royalties, or taxes
due.
Section 81. Any person, association, or
corporation holding a lease under the provisions of this Act shall
perform during each year, while the lease is in force, not less than
two hundred pesos worth of labor, or of improvements, on each mining
claim of the first and fifth group, and one hundred pesos worth of
labor, or of improvements on each claim of the second and fourth group:
Provided, That in the case of a lease covering a group of two or more
mining claims leased or held in common, the total amount of labor or
improvements required for the said group may be concentrated on any one
of the said group, either on the surface or under the ground. The
period within which the work required to be done annually on all mining
claims shall commence on the first day of January succeeding the date
of the granting of the lease on the said claim or claims, and shall be
completed on or before the thirty-first day of December of the same
year: Provided, further, That failure to perform the annual labor or
improvements required herein shall constitute abandonment on the part
of the holder and the land shall be subject to relocation by other
persons.
Section 82. Actual expenditures and cost of mining improvements by the
holder of a lease or his grantors, having a direct relation to the
development of the claim or group of claims, shall be included in the
estimate of assessment work. The expenditures may be made from the
surface, or in running a tunnel, drifts, cross-cuts, or trenches for
the development of the claim or group of claims. Improvements of any
other character, such as buildings, machinery, or roadways, must be
excluded from the estimate, unless it is clearly shown that they are
associated with actual excavations, such as cuts, tunnels, shafts, and
so forth, and are essential to the practical development of, and
actually facilitate, the extraction of minerals from the claim, or the
leasehold. Labor performed or improvements made, if any, during the
period from the date of the recording of the claim to the issuance of
the lease thereon, if the locator or holder thereof or their successor
in interest should acquire the lease, may be credited for assessment
work on the said claim or claims only for the first period or year
within which the work is required to be done under the provisions of
this Act.
Section 83. At any time after the performance of the annual labor or the
making of improvements upon a mining claim, but not later than sixty
days after the expiration of the period fixed by this Act, the lessee
or some person in his behalf cognizant of the facts, shall make and
file for record with the mining recorder of the province or district in
which the claim is situated an affidavit in substance as follows:
AFFIDAVIT OF ANNUAL ASSESSMENT
WORK
GOVERNMENT OF THE PHILIPPINES)
PROVINCE OF ) S.S.
I, _______________________ being first duly sworn depose and say that I
am a citizen of the __________________ of legal age, resident of
__________________, Province of ___________________, Philippines, and
am personally acquainted with the mining claims or group of contiguous
claims known as ____________________ (Give name of the claim) lode or
placer claim or of the contiguous claims in the case of a group on
which Lease No. ______________ was granted on ___________________,
situated in the barrio of _________________________, municipality of
_______________, Province of ________________________, Island of
____________, Philippines, the declaration of location of which
________________ recorded in the office of the mining recorder of the
said province or district in Book No. ___________ of the Record of
Mining Claims, on pages ___________; that between the ______________
day of _________________, 19_____ and the _________ day of
______________, 19_____ not less than __________ pesos of labor was
performed or improvements made upon said claim or group of claims. Such
work was done or improvements made by and at the expense of
_____________ the lease holder of said claim or group of claims for
purpose of complying with the laws of the Government of the Philippines
relating to annual assessment work, and _____________________________
___________________________________________________________
___________________________________________________________ (Here give
the names and addresses of the miners and other persons who did not
work) were the persons employed by the said lease holder who did such
work or made such improvements; and that said work or improvements
consisted of and are described as follows, to wit:
____________________________________________________________
Here described the work done
Signature ____________________
Affiant
Subscribed and sworn to before me this _______________ day of
____________________ 19____. The affiant exhibited to me his cedula No.
_____________ issued in ______________ on ________________.
Signature __________________
Notary Public
Such affidavit, when recorded in due time, shall be prima facie
evidence of the performance of such labor or the making of such
improvements, and shall be received in evidence by the Director of the
Bureau of Mines and by all courts in the Philippines, as shall also the
record thereof or a certified copy of the same.
The Collector of Internal Revenue, within sixty days from the date of
the receipt of the payment of the rentals or royalties due on any
mining lease, or minerals or mineral products extracted therefrom,
shall inform the mining recorder concerned and the Director of the
Bureau of Mines of such payment, giving the name of the claim or
claims, the entry number of the lease, the date of the payment, the
number of official receipts, and the name or names of the person,
association or corporation for which such payment has been made. The
mining recorder, upon receipt of such information, shall cause the same
to be entered in his record book and to be posted on the bulletin board
of his office for a period of not less than twenty consecutive days.
Section 84. Whenever the lessee fails to comply with any provisions of
this Act or the rules and regulations promulgated thereunder, or with
any of the provisions of the lease contract, the lease may be forfeited
and cancelled by the Secretary of Agriculture and Commerce or by
appropriate proceeding in a court of competent jurisdiction, if
necessary, and the lessee shall be liable for all unpaid rentals and
royalties due the Government on the lease up to the time of its
cancellation.
Section 85. In the event that any mining lease is cancelled by the
procedure prescribed in the next preceding section hereof, the Director
of Bureau of Mines shall, within thirty days after the date of such
forfeiture or cancellation, cause a notice thereof to be posted on the
bulletin board of the Bureau of Mines and in the office of the mining
recorder of the province or district in which such claim or claims
covered by such mining lease are situated, and the lands covered
thereby shall be thereupon open to relocation and lease under the
provisions of this Act.
Section 86. When the unoccupied land of the public domain, not known to
contain valuable mineral deposits, is necessary or convenient for
mining or milling purposes, a parcel of such land, not to exceed nine
hectares in extent, may be located for such purpose by any person
qualified to locate mining claims under the provisions of this Act, and
a lease for such land may at any time thereafter be acquired by the
locator for the same period of time and subject to the same terms and
conditions regarding the payment of rentals and tax as provided in this
Act: Provided, That no such location shall be recorded unless the
declaration thereof be accompanied by an affidavit made by the locator,
or some person on his behalf cognizant of the facts, to the following
effect: That the land covered by the claim is necessary or convenient
for specific mining or milling purposes, indicated and described
therein, and that no valuable mineral deposits are known to exist
within such claim: And provided, further, That if at any time after the
said lease has been granted mineral deposits should be discovered
within said claim and mineral or minerals be extracted and removed
therefrom, on all such output the lessee of the claim shall pay to the
Government a royalty at the same rate and subject to the same terms and
conditions as are provided in this Act.
Section 87. All mineral lands not covered by lease shall be subject to
real estate tax payable at the same rate and collectible at the same
time and manner and subject to the same liabilities and forfeiture, as
provided for in Chapter seventeen of the Revised Administrative Code,
as amended.
Section 88. There shall be assessed and collected an ad valorem tax of
one and one-half per centum of the actual market value of the annual
gross output of the minerals or mineral products extracted or produced
from all mineral lands, not covered by lease: Provided, That in the
case of gold mines, their annual gross output shall be subject to a tax
of one and one-half per centum when the value of the said output does
not exceed five hundred thousand pesos; two per centum when the value
exceeds five hundred thousand pesos but does not exceed one million
pesos; two and one-half per centum when the value exceeds one million
pesos but does not exceed one million five hundred thousand pesos;
three per centum when the value exceeds one million five hundred
thousand pesos but does not exceed two million pesos; three and
three-eighths per centum when the value exceeds two million pesos but
does not exceed two million five hundred thousand pesos; three and
three-fourths per centum when the value exceeds two million five
hundred thousand pesos but does not exceed three million pesos; four
and one-eighth per centum when the value exceeds three million pesos
but does not exceed three million five hundred thousand pesos; four and
one-half per centum when the value exceeds three million five hundred
thousand pesos but does not exceed four million pesos; four and
three-fourths per centum when the value exceeds four million pesos but
does not exceed four million five hundred thousand pesos; five per
centum when the value exceeds four million five hundred thousand pesos
but does not exceed five million pesos; five and one-eighth per centum
when the value exceeds five million pesos but does not exceed five
million five hundred thousand pesos; five and one-fourth per centum
when the value exceeds five million five hundred thousand pesos but
does not exceed six million pesos; five and three-eighths per centum
when the value exceeds six million pesos but does not exceed six
million five hundred thousand pesos; and five and one-half per centum
when the value exceeds six million five hundred thousand pesos:
Provided, further, That the following rates of deduction from the taxes
on the annual gross output of gold payable under the provisions of this
section shall be allowed:
(1) Fifteen per centum in the case of lode mines
producing gold from ores which average less than ten pesos, but more
than seven pesos per ton;
(2) Twenty-five per centum in the case of lode mines
producing gold ores which average less than seven pesos per ton. The
average value per ton of ore shall be determined by dividing the total
gross output in pesos for any year by the total number of tons milled
during that year for any particular mine;
(3) Thirty-five per centum in the case of gold placer
mines.
The terms "gross output" of mines or mineral lands shall be interpreted
as the actual market value of mineral or mineral products, or of
bullion from each mine or mineral lands operated as a separate entity
without any deduction for mining, milling, refining, transporting,
handling, marketing, or any other expenses. The output of any group of
contiguous mining claims shall not be subdivided.
The said ad valorem tax shall be due and payable to the Government of
the Philippines through the Collector of Internal Revenue within sixty
days after the shipment of the mineral or mineral products from the
mines: Provided, That before any mineral or mineral product may be
shipped from the mine, the Collector or Internal Revenue or his
representative shall first be duly notified to that effect: Provided,
further, That upon failure to pay the ad valorem tax herein levied
within the time prescribed, the same penalties or liabilities as
provided by existing laws for the collection of such taxes shall be
imposed: Provided, finally, That the ad valorem tax herein provided to
be paid and collected shall accrue to the general fund of the
Philippine Treasury and shall be in lieu of any royalty or other ad
valorem taxes imposed by this Act, and by section one thousand five
hundred and thirty-four of the Revised Administrative Code as amended
by Act Numbered Four thousand fifty-eight.
CHAPTER VII
Timber and Water Rights, Rights-of-Way, Mine Personnel and Officers
Charged with the Execution of the Provisions of this Act
Section 89. A bona fide holder of a mining claim or group of contiguous
claims under this Act, shall have the gratuitous right to cut trees or
timber within such mining claim or claims for use in the development or
operation of only the said claim or claims: Provided, That the cutting
of said timber shall be in accordance with the rules and regulations
prescribed by the Bureau of Forestry: And provided, further, That the
land or lands covered by such mining claim or group of claims are not
covered by any existing timber concession granted by the Bureau of
Forestry.
Section 90. Bona fide holders of a mining claim or group of contiguous
claims under this Act shall also be allowed a gratuitous water right or
rights for the development and operation of such claim or claims upon
filing an application therefor with the Director of the Bureau of
Public Works in accordance with the existing law of waters and the
rules and regulations promulgated thereunder: Provided, That water
rights already granted or vested through long use, recognized and
acknowledged by the local customs, laws and decisions of courts, shall
not thereby be impaired: Provided, further, That the Government
reserves the right to regulate water rights and the reasonable and
equitable distribution of water supply so as to prevent the monopoly of
the use thereof.
Section 91. When any mine, or mining claim is so
situated that for the more convenient enjoyment of the beneficial
rights on the same, a road, a railroad, tramway, electric transmission,
telephone or telegraph line, or aerial transportation thereto or
therefrom, or a ditch, canal, pipe line, flume, cut, shaft, or tunnel
to drain or convey water, ore, waste or tailings therefrom, or a shaft
or tunnel for mining purposes, may be necessary for the better working
thereof, which road, railroad, tramway, electric transmission,
telephone or telegraph line, aerial transportation, ditch, canal, pipe
line, flume, cut, shaft or tunnel may require the use or occupancy of a
mining claim or claims or other lands owned, occupied, possessed or
leased by another or other than the person or persons or body corporate
requiring an easement for any of the purposes hereinbefore enumerated,
which purpose are hereby declared to be for the public use or benefit
for which the right of eminent domain may legally be exercised, the
owner, locator, or lessee of the mine or mining claim first above
mentioned, shall be entitled to a right of way, entry and possession
for the uses, purposes and privileges of such roads, railroads,
tramway, electric transmission, telephone or telegraph line, aerial
transportation, ditch, canal, pipe line, flume, cut, shaft or tunnel,
in, upon, through, under and across mining claims or other lands, upon
compliance with the provisions of this Act hereinafter provided.
Section 92. When the owner or occupant of any
mine or mining claim desires to work the same, and it is necessary, in
order to enable him to do so successfully and conveniently, that he
have a right of way for any of the purposes mentioned in the foregoing
sections, if such right of way cannot be acquired by agreement with the
owner, occupant, or claimant of mining claims or other lands, over,
under, through, across, or upon which he seeks to acquire such right of
way the applicant may commence and maintain an action in the manner
provided in sections two hundred and forty-one to two hundred and
fifty-three, inclusive, of Act Numbered One hundred and ninety, and in
the Acts amendatory and supplementary to the said sections, now or
hereafter in effect, including Act Numbered Twenty-two hundred and
forty-nine providing for the exercise of the power of eminent domain by
the Government and its subdivisions. At least one of the commissioners
to be named in accordance with section two hundred and forty-three of
the Code of Civil Procedure shall, in any case brought hereunder, be a
mining engineer, duly qualified as such under the laws of the
Government of the Philippines, and such mining engineer or engineers
need not be land holders or owners of the province where the land is
situated.
Section 93. No person under the age of sixteen years shall be employed
in, or about any mine in work connected with mining operation, and no
male person or persons under the age of eighteen years, nor any girl or
woman, shall be employed underground in any mine.
Section 94. No person shall have the general direction of the work in,
or act as superintendent of, a mine, mill or quarry, employing more
than fifty persons, working underground at any one time without being
duly licensed as a mining engineer or as an experienced mining or mill
foreman certified as such by the Board of Examiners for Mining
Engineers, unless expressly permitted to do so by the Director of the
Bureau of Mines.
Section 95. The Secretary of Agriculture and
Commerce shall be the executive officer charged with carrying out the
provisions of this Act, through the Director of the Bureau of Mines,
who shall act under his immediate control.
Section 96. The appraisal or reappraisal, valuation or revaluation of
any mine, mining claim or claims with or without improvements thereon,
patented, leased or otherwise, for the purpose of raising capital for
the formation, or organization of association, partnership or
corporation or for promotion work, or for issuing shares of stock, or
for determining the present net value of the mines, shall be made by
the Director of the Bureau of Mines or his duly authorized
representative, and no such mine, mining claim or claims, with or
without improvement thereon, patented, leased or otherwise, shall be
accepted as asset or basis of any asset in any formation or
organization of association, partnership, or corporation for
registration or incorporation without the value thereof having been
first appraised or determined by the Director of the Bureau of Mines as
herein provided.
CHAPTER VIII
Penal Provisions
Section 97. All statements, representations, or reports required under
this Act, unless otherwise specifically provided herein shall be upon
oath and in such form and upon such blanks as the Director of the
Bureau of Mines, approved by the Secretary of Agriculture and Commerce,
may provide; and any person, making knowingly any false statement,
representation or report under oath shall be subject to punishment for
perjury, upon conviction therefor by a competent court.
Section 98. Any person who, with intent of gain, presents, or causes to
be presented, any false application, declaration, or evidence to the
Government or publishes, or causes to be published, any prospectus or
other information containing any false statement relating to mines,
mining operation, mining claims or lease, shall be guilty of perjury,
if such false statement is made under oath, and shall be punished, upon
conviction, in accordance with the provisions of the Revised Penal
Code. If such false statement is not made under oath he shall be
punished, upon conviction, by a fine not exceeding six hundred pesos.
Section 99. Any person who willfully and maliciously defaces, alters,
removes, or disturbs any stake, post, monument, boundary line, or any
other mark lawfully placed under the authority of this Act, or
destroys, injures or defaces any rules, or notices, which have been
posted, concerning locations, mining application for leases, mines, and
any other related subject shall be punished upon conviction, by a fine
not exceeding five hundred pesos, besides paying compensation for the
expenses incurred in replacing the defaced, altered, removed, or
disturbed stakes, post, monument, boundary line, notices, or any other
mark.
Section 100. Any person who, with intent or gain, willfully and
unlawfully extracts minerals belonging to the Government or from a
mining claim or mining claims leased, held or owned by other persons
without the permission of the lawful lessee, holder or owner thereof,
or steals ores or the products thereof from mines or mills, shall be
guilty of theft, or qualified theft, as the case may be, and shall be
punished, upon conviction, in accordance with the provisions of the
Revised Penal Code, besides paying compensation for the damage caused
thereby.
Section 101. Any person who, with intent of gain, knowingly sells,
transfers or conveys any false mining claim or claims or any false
right, title or interest in such mining claims which were not actually
located on the ground and do not exist as such claims shall be guilty
of estafa and shall be punished upon conviction in accordance with the
provisions of the Revised Penal Code.
Section 102. Any person who, with intent of gain, knowingly places or
deposits, or becomes accessory to the placing or depositing of, any
mineral in any land for the purpose of "salting" and of misleading
other persons as to the value of the mineral deposits in such land, or
who with intent of gain, knowingly commingles, or causes to be
commingled, samples of minerals with any other substance whatsoever,
which increases the value or in any way changes the nature of the said
minerals or substance, or substitutes samples of mineral for the
purpose of deceiving, cheating, or defrauding any person, shall be
punished, upon conviction, by imprisonment not exceeding a period of
five years, besides paying compensation for the damage which may have
been caused thereby.
Section 103. Any person who willfully and maliciously causes or permits
sludge or tailings to accumulate in, or flow from his mining claims so
as to cause danger, injury or obstruction to any public road, rivers or
streams or other public property, shall be punished, upon conviction,
by a fine not exceeding two hundred pesos, besides paying compensation
for any damage which may have been caused thereby.
Section 104. Any person who willfully and maliciously or with intent of
grain, takes water from a mining mill, race, dam, reservoir, or from
any other form of deposits, or prevents the water from entering said
mining mill, race, dam, reservoir, or in any way interferes with the
full enjoyment of water rights previously granted and lawfully held by
another person, shall be punished, upon conviction, by a fine not
exceeding one hundred pesos.
Section 105. Any person who willfully and maliciously destroys or
injures any structure in or on mining claims, or on sites for reduction
works, shall be punished, upon conviction, by imprisonment not to
exceed five years, besides paying compensation for the damage which may
have been caused thereby.
Section 106. Any person who willfully and maliciously sets fire to any
mineral, mine, or the workings, fittings, or appliances of a mine,
shall be guilty of arson and shall be punished, upon conviction, in
accordance with the provisions of the Revised Penal Code, besides
paying compensation for the damage caused thereby.
Section 107. Any person who willfully and maliciously damages a mine,
unlawfully causes water to run into a mine, or into any subterranean
passage communicating with a mine, or obstructs any shaft or passage to
a mine, or renders useless, damages, or destroys any machine,
appliance, apparatus, rope, chain, tackle, or any other thing shall be
punished by imprisonment not exceeding a period of five days, besides
paying compensation for the damage caused thereby.
Section 108. Any person who willfully and maliciously obstructs the
Director of the Bureau of Mines, or any of his subordinates or
representatives, in the performance of their duties in connection with
any mine or mines shall be punished, upon conviction, by a fine not
exceeding one hundred pesos.
CHAPTER IX
General Provisions
Section 109. No grant of lands to provinces, districts or
municipalities, to aid in the construction of roads, or for other
public purposes, shall include any mineral lands.
CHAPTER X
Transitory and Final Provisions
Section 110. During the Commonwealth of the Philippines, citizens of the
United States or corporations organized and constituted under the laws
of the United States or of any state or territory thereof, and
authorized to transact business in the Philippines, shall enjoy the
same rights under this Act as citizens or corporations of the
Philippines.
Section 111. If, for any reason, any section or provision of this Act is
challenged in a competent court and is held or declared to be
unconstitutional or invalid, none of the other sections or provisions
thereof shall be affected thereby and such other sections and
provisions shall continue to govern as if the section or provision so
annulled had never been incorporated in this Act, and in lieu of the
section or provision so annulled, the provisions of law on the subject
thereof in force prior to the approval of this Act shall govern until
the National Assembly shall otherwise provide in the premises.
CHAPTER XI
Repeals
Section 112. Act Numbered Forty-two hundred and forty-three and all
laws, acts or parts thereof, and all regulations, rules and
instructions inconsistent with the provisions of this Act are hereby
repealed.
Section 113. This Act shall take effect upon its approval.
Approved: November 7, 1936.
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