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PRESIDENTIAL DECREE NO. 1214
PRESIDENTIAL DECREE NO. 1214 -
REQUIRING ALL LOCATORS UNDER THE ACT OF CONGRESS OF JULY 1, 1902, AS
AMENDED, TO SECURE MINING LEASE CONTRACTS UNDER THE PROVISIONS OF
PRESIDENTIAL DECREE NO. 463 INVOLVING THEIR PATENTABLE MINING CLAIMS
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WHEREAS,
there are still many patentable mining claims, lode and placer, which
up to now have not been issued mining patents; chanroblesvirtualawlibrary
WHEREAS, the existence of patentable mining claims gives rise to
conflicts between the mining claimant and the surface occupant/s over
the ownership of the land covered thereby;chanroblesvirtualawlibrary
WHEREAS, such conflicts do not only give rise to unnecessary court
litigations between the conflicting parties but are deterrents to the
development of our mineral resources;chanroblesvirtualawlibrary
WHEREAS, it is believed that the issuance of mining lease contracts
involving patentable mining claims would expedite the immediate
exploration, development and exploitation of the minerals of the
country in line with the objectives of Presidential Decree No. 463; and
WHEREAS, the issuance of mining lease contracts covering patentable
mining claims would bring the said claims squarely within the purview
of Presidential Decree No. 463.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree the following:cralaw:red
Section 1. Holders of subsisting and valid patentable
mining claims, lode or placer, located under the provisions of the Act
of Congress of July 1, 1902, as amended, shall file a mining lease
application therefor with the Mines Regional office concerned within a
period of one (1) year from the approval of this Decree, and upon the
filling thereof, holders of the said claims shall be considered to have
waived their rights to the issuance of mining patents therefor:
Provided, however, That the non-filing of the application for mining
lease by the holders thereof within the period herein prescribed shall
cause the forfeiture of all his rights to the claim. chanroblesvirtualawlibrary
Section 2. No mines temporary permit shall be
required of a holder of a patentable mining claim, lode or placer, in
the extraction and disposal of minerals taken therefrom prior to the
filling of the mining lease application therefor; Provided, That upon
the filling of the said application, the provisions of Presidential
Decree No. 463 shall apply: Provided, further, That patent applications
already published shall be exempted from the publication requirements
of Presidential Decree No. 463.
Section 3. If any section or provision of this Decree
is held or declared unconstitutional or invalid by a competent court,
the other sections or provisions hereof shall continue to be in force
as if the sections or provisions so annulled or voided had never been
incorporated in this Decree. chanroblesvirtualawlibrary
Section 4. All laws, decrees, rules and regulations
or parts thereof in conflict or inconsistent with any of the provisions
of this Decree are hereby repealed or modified accordingly. chanroblesvirtualawlibrary
Section 5. This Decree shall take effect immediately.
DONE in the City of Manila,
this 14th day of October, in the year of Our Lord, nineteen hundred and
seventy-seven.
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