PRESIDENTIAL DECREE NO. 99-A, January 15, 1973
AMENDING THE PROVISIONS OF COMMONWEALTH ACT NO. 137, OTHERWISE KNOWN AS THE MINING ACT, AS AMENDED.
WHEREAS, development or exploitation of many mining areas
has been hampered by
Conflicting mining claims;
WHEREAS, many of these conflicts have arisen from claims of
persons whose main
objective is to harass the rightful claimants;
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;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by
virtue of the powers in me vested by the Constitution as
Commander-in-Chief of 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 to the Mining Law, Commonwealth Act No. 137, as amended.
SECTlON 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.
SEC. 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.
SEC. 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.
SEC. 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.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President: (Sgd.) ALEJANDRO MELCHOR Executive Secretary