Question & AnswerQ&A (Republic Act No. 746)
It prohibits prospecting in mineral reserves proclaimed closed to mining locations and reservations for other purposes, except by the Government.
Fifty percent of the fees accrue to the province, fifty percent to the municipality where the mining claim is located, and for chartered cities, the full amount accrues to the city.
Conflicts are first submitted to the Director of Mines, whose decisions may be appealed to the Secretary of Agriculture and Natural Resources within 30 days. If still contested, parties may take the matter to a court of competent jurisdiction within 30 days; otherwise, the decision is final and binding.
They acquire the right of exploration and occupation from the date of registry. They may be issued a temporary permit to mine commercially while their lease application is pending, subject to rules and royalty payments.
The Secretary may cancel the permit for violation of laws and regulations after due hearings, and may stop mining in unpatented claims without government liability for applicants' expenditures.
The Director can designate mineral or deputy mineral land surveyors, fix their bonds, issue regulations for surveys, and require official surveys to be filed before or upon lease application, with expenses paid by applicants.
The failure is deemed abandonment; the claim area is open to relocation, and the original locator or assigns cannot relocate the same land or any part thereof.
It must be filed under oath with full details and supporting documents. Upon filing, all proceedings except notice publication and affidavit filing are stayed. The adverse claimant must pursue a court action within 30 days or waive the claim.
Conviction results in imprisonment from six months to six years, payment of a fine from one thousand to twelve thousand pesos, or both, plus compensation for damages. Corporate presidents or managers may be held responsible for their entity's acts.
Applicants for leases must pay the expenses of official surveys, but they may employ any deputy mineral surveyor at reasonable rates.