WHEREAS,
"highgrading" or the theft of gold has become rampant in the mining
areas where gold is produced because of the high price that this
precious metal now commands in the free market;chanroblesvirtualawlibrary
WHEREAS, gold mining is one of the industries that the Government
encourages because of the role that gold plays in our economy not only
as an important part of our international reserves, but also as one of
our principal sources of foreign exchange;chanroblesvirtualawlibrary
WHEREAS, the existing laws has proved inadequate in curbing highgrading
because of the difficulty in apprehending highgraders and also because
of the light penalties usually imposed on the accused due to the
relatively low value which the Courts give to stolen gold-bearing ores
or rocks;chanroblesvirtualawlibrary
WHEREAS, "highgrading" causes damage not only to the operator of the
mining claims, but also to the Government which losses the foreign
exchange and the taxes the stolen gold could have generated and, worse,
it promotes black-marketing and smuggling abroad of this precious
metal; and chanroblesvirtualawlibrary
WHEREAS, one of the principalms of our New Society is to stamp out all
forms of lawlessness to promote the social and economic well-being of
our people;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree that:cralaw:red
Section 1. Any person who shall take gold-bearing
ores or rocks from a mining claim or mining camp or shall remove,
collect or gather gold-bearing ores or rocks in place or shall extract
or remove the gold from such ores or rocks, or shall prepare and treat
such ores or rocks to recover or extract the gold contents thereof,
without the consent of the operator of the mining claim, shall be
guilty of "highgrading" or theft of gold and shall suffer a penalty of
prision-correccional in its minimum period, but if the accused is an
employee or laborer of the operator of the mining claim, the penalty
shall be prision-correccional in medium period without prejudice to the
imposition of the higher penalties provided in Article 309 of the
Revised Penal Code if the value of the goods stolen so warrants. The
penalty next lower in degree than that prescribed hereinabove shall be
imposed if the offense is frustrated, and the penalty two degrees lower
if the offense is attempted.
Section 2. The unauthorized possession by any person
within a mining claim or mining camp of gold-bearing ores or rocks or
of gold extracted or removed from such ores or rocks, shall be prima
facie evidence that they have been stolen from the operator of a mining
claim.
Section 3. Any person who knowingly buys or acquires
stolen gold-bearing ore or rocks or the gold extracted or removed
therefrom shall be guilty of theft as an accessory and penalized with
arresto mayor in its maximum period. chanroblesvirtualawlibrary
Section 4. All laws or regulations inconsistent
herewith are hereby repealed or modified accordingly.
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 13th day of November, in the year of Our Lord, nineteen hundred
and seventy-four.
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