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PRESIDENTIAL DECREE NO. 99-A
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PRESIDENTIAL DECREE NO. 99-A -
AMENDING THE PROVISIONS OF COMMONWEALTH ACT NO. 137, OTHERWISE KNOWN AS
THE MINING ACT, AS AMENDED
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WHEREAS, development or exploitation of
many mining areas has been hampered by conflicting mining claims; chanroblesvirtualawlibrary
WHEREAS, many of these conflicts have arisen from claims of persons
whose main objective is to harass the rightful claimants;chanroblesvirtualawlibrary
WHEREAS, it is now necessary to provide the means to settle such
conflicts in order to achieve an orderly and effective discovery,
possession, exploitation, development and administration of the
country's mineral resources and hasten their development;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, do hereby
order and decree the following amendments of the Mining Law,
Commonwealth Act No. 137, as amended.
Section 1. Whenever there is any conflict between
claim owners over any mining claim, whether mineral or non-mineral, the
locator of the claim who first registered his claim with the proper
mining registrar, notwithstanding any defect in form or technicality,
shall have the exclusive right to possess, exploit, explore, develop
and operate such mining claim.
Any person who shall overlap such mining claim knowing that such mining
claim is covered by another locator's duly registered claim, shall be
guilty of falsification of public document as punishable under the
Revised Penal Code.
In the event of any conflict between claimants, the locator of the
mining claim who has registered his claim as described in the first
paragraph hereof shall be given the right to possess, exploit, explore,
develop and operate the mining claim to the exclusion of any other
person. Notwithstanding the fact that the question may be brought to
the jurisdiction of the courts, the Director of Mines shall issue the
order for the original locator's right to possess, exploit, explore,
develop and operate such mining claim. chanroblesvirtualawlibrary
Section 2. The decision of the Director of Mines may
be appealed within ten days from receipt by the aggrieved party of said
decision to the Secretary of Agriculture and Natural Resources, who
must render his decision within ten days from receipt of the appeal.
The decision of the Secretary of Agriculture and Natural Resources may
be appealed to the President of the Philippines within ten days from
receipt of such decision. The President shall render his decision
within fifteen days from receipt of the appeal.
The decision of the Director of Mines shall be immediately executory,
notwithstanding the appeal, unless the Secretary of Agriculture and
Natural Resources or the President shall direct otherwise.
Section 3. All laws, decrees, rules or regulations,
or parts thereof, in conflict or inconsistent with any of the
provisions of this Decree, are hereby repealed.
Section 4. This Decree is made part of the law of the
land and shall take effect immediately.
Done in the City of Manila,
this 15th day of January, in the year of Our Lord, nineteen hundred and
seventy-three.
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