Annual Assessment Requirements for Unpatented Mining Claims
- Unpatented mining claims require an annual labor or improvement investment of P200
- This annual work must continue until a patent is granted
- Failure to perform the required annual assessment work opens the claim to relocation by others
Misconceptions on Mining Claim Ownership
- Some claim holders believe filing affidavits of annual assessment work without obtaining patents preserves ownership indefinitely
- This belief is incorrect
- The actual preservation of possesory title demands continuous performance of the required assessment work
- Merely filing affidavits does not suffice and may be disproved by on-site findings
Declaration of Abandonment and Cancellation of Claims
- Unpatented mining claims located more than thirty years ago under the 1902 Philippine Bill
- Claims that have not complied with the annual assessment requirements are declared abandoned
- The declarations of location for these claims are cancelled
Presidential Authority and Effectivity
- The declaration is made by the President of the Philippines using vested legal powers
- The Executive Order formalizes the abandonment and cancellation of non-compliant mining claims
- The order was enacted on August 1, 1968, in Manila
Important Legal Concepts
- Patents: Legal titles granted over mineral claims
- Unpatented Claims: Mineral claims not yet granted patents but under legal procedure
- Annual Assessment Work: Required mineral exploration or improvement work valued at P200 yearly
- Possessory Title: Right to possession acquired and maintained through continuous compliance with legal requirements
- Abandonment: Failure to comply with assessment requirements leading to loss of claim rights
- Relocation: Subsequent claim by others when original claims are abandoned