Title
Amendments to the Philippine Mining Act of 1952
Law
Republic Act No. 746
Decision Date
Jun 18, 1952
The Amendments to the Mining Act in the Philippines prohibit prospecting in closed mineral reserves and reservations, allocate fees collected from mining activities to provinces and municipalities, establish a process for resolving conflicts and disputes, grant rights and permits for mining claims, designate mineral surveyors, set a time limit for lease applications, regulate the filing of adverse claims, and impose penalties for unauthorized extraction and theft.
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Distribution and Use of Mining Fees

  • Fifty percent of mining fees accrue to the province where the mining claim is located.
  • The other fifty percent accrues to the municipality, or full amount to chartered cities.
  • Local government units must provide resources for registration and safekeeping of mining documents.

Resolution of Conflicts and Disputes in Mining Locations

  • Disputes are submitted to the Director of Mines for decision.
  • Decisions may be appealed to the Secretary of Agriculture and Natural Resources within 30 days.
  • Further appeal to courts can be made within 30 days after administrative decision.
  • Lack of appeal renders the decision final and binding.

Rights and Permits Related to Mining Claims

  • Valid claim location grants rights to exploration and occupation from registry date.
  • Temporary mining permit issued within 45 days of application if conditions are met.
  • Mining and disposal of minerals for commercial purposes allowed under temporary permits.
  • Holders of certain old claims may mine commercially without temporary permits but must pay royalties.
  • The Secretary may cancel temporary permits for violations after due process.

Surveying of Mining Claims

  • Director of Mines appoints competent surveyors to conduct official surveys.
  • Applicants must apply for surveys before or with lease applications.
  • Survey costs are borne by the applicants.
  • Applicants may hire deputy surveyors at reasonable rates.

Filing Period and Abandonment of Mining Claims

  • Lease application must be made within four years from claim registration.
  • Failure to apply within this period is deemed abandonment.
  • Abandoned claims become subject to relocation.
  • Original locators who failed to apply cannot relocate claims.

Adverse Claims During Application Period

  • Adverse claims must be filed under oath detailing basis and boundaries.
  • Claims based on previously decided protests are not entertained.
  • Proceedings are stayed until settlement or court decision.
  • Adverse claimants must diligently pursue court action within 30 days or waive claim.
  • Certified court judgment governs lease issuance, including multiple leases if applicable.
  • Judgment against all parties results in dismissal of lease application.

Penal Provisions for Unauthorized Extraction or Theft

  • Penalties for mining without permit or lease, or unauthorized extraction include imprisonment (6 months to 6 years) and/or fines (₱1,000 to ₱12,000).
  • Offenders must also compensate for damages caused.
  • In cases involving associations or corporations, responsible officers (president, manager) held liable.

Effectivity

  • The Act takes effect immediately upon approval.

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