Section 29
SEC. 29. The right to locate a mining claim shall in all cases be based upon the discovery of mineral therein.
CA 137 CHAPTER V - Discovery of Mineral Deposits and Location of Mining Claims
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Section 30
SEC. 30. The finding of mineral or minerals in place or position where originally formed in the rock, whether assaying high or low, shall constitute a valid discovery for the location of a lode mineral claim. The finding of mineral or minerals in loose, fragmentary or broken rocks, boulders, floats, beds or deposits whether in greater or lesser quantities, or the finding of the same in forms other than those above described for lode mineral claims, shall constitute a valid discovery for the location of a placer mining claim.
Section 31
SEC. 31. A lode mineral claim is a parcel of mineral land containing a vein, lode, ledge, lens, or mass of ore in place which has been located in accordance with law. A placer claim is that which does not come under the definition of lode mineral claim.
Section 32
SEC. 32. In case of conflicting locations, priority of discovery, followed by continuous occupation and prospecting of the land, shall determine the right to lease the claims, subject to any question as to the validity of the location and record of the claim and subject to the holder's having complied with all the requirements of the law: Provided, however, That actual discovery of minerals made prior to the effective date of this Act, before or after the enforcement of the Constitution, shall constitute a valid discovery, and the persons making such discovery shall have the preferential right to locate and lease the mining claims covering the minerals discovered, subject to the provisions of this Act.
Section 33
SEC. 33. Immediately upon the discovery of mineral or as soon as possible thereafter, but not more than thirty days after the date of the said discovery, the discoverer or locator may locate a mining claim in accordance with the provisions of this Act, covering the land where the mineral has been discovered. If no such location is made within such period, the right to locate a mining claim covering such land shall be deemed to have been waived.
Section 34
SEC. 34. Within sixty days after the completion of the acts of location of a mining claim, as hereinafter provided, the locator thereof shall record the same with the mining recorder of the province or district within which the claim is situated. A claim which shall not have been recorded within the prescribed period shall be deemed to have been abandoned.
Section 35
SEC. 35. The maximum area which may be acquired under a mining claim located under the provisions of this Act shall be: First group: (a) Metals or metalliferous ores in lode deposits, nine hectares for an individual, an unincorporated association, a sociedad anonima, a limited partnership or a corporation. (b) Metals or metalliferous ores in placer deposits; not to exceed eight hectares for an individual nor sixty-four hectares for a corporation, sociedad anonima, or limited partnership: Provided, That in the case of an unincorporated association the area shall not exceed eight (8) hectares for each member, nor sixty-four (64) hectares for the entire association. Second group: Precious stones whether in lode or placer deposits, not to exceed four hectares for any qualified locator or applicant. Fourth group: Salines and mineral waters, not to exceed four hectares for any qualified locator or applicant. Fifth group: (a) Building stone, clay, fertilizer, and other non-metals in placer deposits not to exceed eight hectares for an individual nor sixty-four hectares for a corporation, sociedad anonima, or limited partnership; Provided, That in the case of an unincorporated association the area shall not exceed eight (8) hectares for each member nor sixty-four (64) hectares for the entire association. (b) Nonmetals in lode deposit — not to exceed nine hectares for an individual, unincorporated association, a sociedad anonima, a limited partnership or a corporation.
Section 36
SEC. 36. The disposition of the third group of mineral lands, or lands containing mineral fuels, whether public or private, shall be governed by Act Numbered Two thousand seven hundred nineteen, as amended, entitled "An Act to provide for the leasing and development of coal lands in the Philippine Islands" and the regulations promulgated thereunder, and by Act Numbered Two thousand nine hundred thirty-two, as amended, entitled, "An Act to provide for the exploration, location and lease of lands containing petroleum and other mineral oils and gas in the Philippine Islands" and the regulations promulgated thereunder: Provided, That the granting of permit, license, lease, or concession of such coal, or petroleum land, shall be limited to citizens of the Philippines of legal age, or to associations or to corporations organized and constituted under the laws of the Philippines: Provided, further, That the provisions of Acts Numbered Two thousand seven hundred and nineteen, as amended, and Two thousand nine hundred and thirty-two, as amended, to the contrary notwithstanding, at least sixty per centum of the capital of such association or corporation shall at all times be owned and held by citizens of the Philippines. All licenses, concessions, or leases for the exploitation, development, or utilization of such coal lands, or lands containing petroleum and other mineral oils and gas, shall be for a period not exceeding twenty-five years, renewable for another period not exceeding twenty-five years.
Section 37
SEC. 37. In the case of the first, second, fourth, and fifth groups of mineral lands, no locator, applicant or lessee shall be entitled to hold or lease in his, its or their own names or in the name of any person, association, corporation, a sociedad anonima, or limited partnership more than three lode mineral claims on the same vein or lode, or more than three placer mining claims, in the case of an individual, or more than three placer mining claims in the case of a corporation, an association, a sociedad anonima, or a limited partnership on the same placer ground.
Section 38
SEC. 38. Mining claims of the first, second, fourth, and fifth groups may be located either as lode or as placer claims, depending upon whether the mineral deposits therein are found in lode or in placer form: Provided, however, That if a parcel of land, by reason of the nature of the mineral deposits found therein, is subject to either lode or placer location, the prior location of either class, validly made, shall prevail: Provided, further, That in case a placer location is made first, the locator thereof must thereafter make a lode location in order to secure the mining rights to lode deposits found within the boundaries to all minerals of the group for which the mining location of the placer claim: Provided, further, That in case a placer location is made first, the locator, thereof must thereafter make a lode location in order to secure the mining rights to lode deposits found within the boundaries of the placer claim: Provided, further, That in such cases the locator, or his successors in interest, shall be entitled to all minerals of the group for which the mining location or locations have been made or the lease granted, which may lie within his claims, but he shall not be entitled to mine outside the boundary lines of his claim continued vertically downward: And provided, finally, That the holder or lessee shall have preferential right to locate and lease any mineral deposits of any other group found therein.
Section 39
SEC. 39. Lode claims, whether located by one or more persons qualified to locate mining claims under this Act shall be located in the following manner and under the following conditions: Any person so qualified desiring to locate a lode mineral claim shall, subject to the provisions of this Act, enter upon the same and locate a plat of ground, measuring not more than three hundred meters in length by three hundred meters in breadth, in as nearly as possible a rectangular form; that is to say, all angles shall be right angles, except in cases where the boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. In defining the size of a mineral claim, it shall be measured horizontally irrespective of inequalities of the surface of the ground.
Section 40
SEC. 40. A lode claim shall be marked by two posts, placed as nearly as possible on the line or direction of the lode or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed three hundred meters, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the lode mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, in addition to the foregoing "Initial post," the approximate compass bearing of post number two, and statement of the number of meters lying to the right and to the left of the line from post number one to post number two, thus: "Initial post. Direction of post number two ___________ meters of this claim lie on the right and ___________ meters on the left of the line from number one post to number two post."
Section 41
SEC. 41. When a claim has been located the locator shall immediately mark the line between posts number one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, or on the surface vertically above such point if the discovery be underground, on which shall be written "Discovery post": Provided, That when the claim is surveyed the surveyor shall be guided by the records of the claim, the sketch plan in the declaration of location made by the locator when the claim was located and recorded, posts number one and two, and the notice on number one, the initial post. In cases where, from the nature or shape of the ground, it is impossible to mark the location line of the claim as provided in this Act, then the claim may be marked by placing posts as nearly as possible to the proper position of number one and number two posts, and noting thereon the distance and direction of such posts from such positions, which distance and direction shall be set out in the declaration of location of the claim.
Section 42
SEC. 42. In addition to the requirements of sections forty and forty-one of this Act with regard to the placing of posts number one and two on the line of location, and to the marking of the line between them, each locator of the lode mineral claim shall blaze trees along the boundary line thereof by clearing or by marking the same with any other readily distinguishable signs or marks, and shall establish each of the four corners of the claim by marking a standing tree or rock in place, or by setting in the ground, when practicable, a post or stone. Each corner shall be distinctly marked with the name of the claim, the name of the locator, and the date of location, and with such words as to indicate that it is the northeast, southwest, or other corner, as the case may be, of the lode mineral claim concerned, and the posts or stones used to mark such corners shall be as follows: When a post is used, it must be at least fifteen centimeters in diameter or twelve centimeters on each side by one hundred forty centimeters in length, and where practicable, set forty centimeters in the ground and surrounded by a mound of earth or stone, one hundred twenty-five centimeters in diameter by sixty-five centimeters in height; when a stone, not a rock in place is used, it must not be less than thirty-five centimeters on each side by eighty centimeters in length, and must be set so as to project half its length above the ground; when a stone or rock in place is used, a cross must be cut in the stone, the arms of which cross must be at least twelve centimeters long, intersecting approximately at right angles and in their centers, the cutting to be at least two centimeters deep. The intersection of the arms shall constitute the corner.
Section 43
SEC. 43. It shall not be lawful to move number one post of a lode mineral claim but number two post may be moved by the mineral land surveyor when the distance between posts numbered one and two exceeds three hundred meters in order to place number two post three hundred meters from number one post on the line of location. When the distance between posts numbered one and two is less than three hundred meters, the mineral land surveyor shall have no authority to extend the claim beyond post numbered two. Section44. The location line shall govern the direction of one side of the claim, upon which the survey shall be extended according to the provisions of this Act.
Section 45
SEC. 45. Placer mining claims may be of an irregular pattern following the meanderings of a creek, river, or stream; Provided, That on placer grounds not confined to the beds of such creeks, rivers, or streams, or on those extending beyond the banks thereof, placer claims shall be located in as nearly as possible rectangular form.
Section 46
SEC. 46. The locator of a placer claim shall post upon the same a notice containing the name of the claim, designating it as a placer claim, the name of each locator, the date of location, the number of the corners of the claim, and the number of hectares claimed. He shall also define the boundaries of the claim by marking a standing tree, or rock in place, or by setting a post, stone, or monument at each corner or angle of the claim. The trees, rocks in place, stakes, stones, or monuments used to mark the corners or angles of a placer mining claim must be inscribed with a series of consecutive numbers, thus Corner No. 1, Corner No. 2, Corner No. 3, and so forth, in clockwise direction, and at least the four end corners of the placer mining claim shall be marked with the name of the claim, the name of the locator, and the date of location. The posts, stones, or monuments used to mark the corners of a placer mining claim must be of the dimensions required by section forty-two of this Act for the posts, stones, or monuments to be used in marking the corners or angles of a lode mineral claim.
Section 47
SEC. 47. The record of a lode or placer claim shall consist of a declaration of location which shall contain, among others, the name of the claim, the name of each locator, the date of location, the names of the sitio, barrio, municipality, province and island, in which the claim is situated, the words written on the number one and number two posts in the case of lode claims, and a true copy of the notice posted on the placer claim and shall recite all the facts necessary to the identification of the lode or placer claim, as well as a description of the claim as staked and monumented, showing the length and approximate compass bearing, as near as may be, of each side or course thereof, and stating in what manner the respective corners are marked, whether by standing tree, rock in place, post, or stone, and giving in detail the distinguishing marks that are written or cut on each, and also stating as accurately as possible, preferably by bearing and distance, the position of the claim with reference to some prominent natural objects or permanent monuments.
Section 48
SEC. 48. No lode or placer mining claim shall be recorded unless the declaration of location be accompanied by an affidavit made by the applicant or some person on his behalf cognizant of the facts that the legal notices required by this Act for a lode or a placer claim have been posted upon the claim, that in the case of a lode claim mineral has been found in place therein, or in the case of a placer claim the ground thereby embraced is valuable for placer mining purposes, and that the ground applied for is unoccupied for mining purposes by any other person.
Section 49
SEC. 49. No lode or placer mining claim shall be recorded unless the declaration of location be accompanied by proof that the locator, or each of them, in case there be more than one, is a citizen of the Philippines, of legal age, or is an association, or a corporation organized and constituted under the laws of the Philippines, at least sixty per centum of the capital of which association or corporation is owned and held by citizens of the Philippines.
Section 50
SEC. 50. Proof of citizenship and of age under the clauses of this Act relating to location and lease of mineral lands may consist, in the case of an individual, of his own affidavit; in the case of an association of persons unincorporated, of the affidavit of their authorized agent made on his own knowledge; and in the case of a corporation organized under the laws of the Philippines, by the filing of a certified copy of its charter or certificate of incorporation, accompanied by the affidavit of any duly authorized representative of the corporation cognizant of the facts, certifying that at least sixty per centum of its capital is owned and held by citizens of the Philippines.
Section 51
Section51. The form of declaration of location of a lode mineral claim and of the accompanying affidavit required by this Act shall be substantially as follows: DECLARATION OF LOCATION (LODE MINERAL) 1. The undersigned hereby declare and give ______________ notice that, having complied with the provisions of Act Numbered ________ of the National Assembly, relative to the location of mining claims, _____________ located _____________ meters on a lode of mineral bearing rock in place, situated in the sitio of _________________________, barrio of __________, municipality of ______________, Province of _________________, Island of _____________, Philippines, and bounded as follows: On the north ______________________________________________ On the east _______________________________________________ On the south _____________________________________________ On the west ______________________________________________ with an approximate area of ________________ hectares. A sketch plan of the above described claim is drawn in the following blank space which shows, as nearly as may be, the shape and size of the claim, the position of the claim with reference to prominent natural objects or permanent monuments, the position of adjoining mining claims and the north-south direction line: HERE DRAW A SKETCH OF THE LAND INDICATE THE NORTH DIRECTION BY AN ARROW (SKETCH PLAN) 2. That the name of the above claim is the ___________________ Mineral Claim, and that the same was located by ____________ from _________ 19___, to __________________, 19____, inclusive, a total period of ______________ days. As located, the claim has _____________ corners. The locator __________ desire ____________ this mineral land for the purpose of extracting therefrom the following minerals: ______________ ____________________________________________________________ 3. That at the point where minerals were found in place, there has been set a ______________________ post {_______ cm. X _________ cm.} by __________ cm. in length, {_______ cm. in diameter } and marked "discovery post." 4. That location Post No. 1 is marked as follows: "Initial post." Direction and distance to Post No. 2; __________________________, ______________________________ bearing distance meters ______________ meters of this claim lie on the right and ______________ meters on the left of the location line from Post No. 1 to Post No. 2 __________ Lode Claim, locator __________, date of location ________________________, 19_____ 5. That location Post No. 2 is marked as follows: Location Post No. 2, ____________ Lode Claim; ___________; (locator) ____________________ (Date of location) 6. That Corner No. 1 is situated ________________ (bearing) _______________ (distance) meters from ________________ and is marked "_________ Corner No. 1 ___________" Mineral Claim and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone ____________ cm. X ___________ cm. X ________ cm. in length, projecting __________ cm. above the ground. 7. That Corner No. 2 is situated ____________ meters from Corner No. 1 and is marked "________ Corner No. 2 ________" Mineral Claim and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 8. That Corner No. 3 is situated __________ meters from Corner No. 2 and is marked "_________ Corner No. 3 ________" Mineral Claim and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 9. That Corner No. 4 is situated __________ meters from Corner No. 3 and is marked "_________ Corner No. 4 ________" Mineral Claim and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. Witness: ___________________ ___________________ Locator ___________________ ___________________ P.O. Address Agent Witness ___________________ ___________________ P.O. Address ___________________ P.O. Address AFFIDAVIT GOVERNMENT OF THE PHILIPPINES Municipality of ___________________} s. s. Province of ______________________} _________________________ being first duly sworn, deposes and says: That ________________________ citizen __________________ of the ________________, and _____________ of legal age; That the affiant ______________ the {locator/agent} of the said _____________________ who _____________________ the locator ______________ and _________________ cognizant of the facts of the above-mentioned Mineral Claims; That all the notices and posts mentioned in the foregoing Declaration of Location of the _______________ Mineral Claim have been put up; That the corners of the said Claim have been established and marked as therein described; That mineral has been found in place in the above-mentioned Claim; and That the ground within the boundaries of said Claim is unoccupied by any other person for mining purposes. ____________________ Locator ____________________ Agent Subscribed and sworn to before me this ________________ day of _____________, 19_____, affiant exhibiting his cedula No. ________ issued at ___________________, on the ______________ day of ____________, 19______. ____________________ ____________________ ____________________
Section 52
Section52. The form of declaration of location of a placer claim and of the accompanying affidavit required by this Act shall be substantially as follows: DECLARATION OF LOCATION (PLACER) 1. The undersigned hereby declare ___________________ and give _______________ notice that, having complied with the provisions of Act Numbered ______________________ of the National Assembly, relative to the location of mining claims, __________________________________ of _________________, barrio of _____________________, municipality of _______________________, Philippines and bounded as follows: On the north ______________________________________________ On the east _______________________________________________ On the south ______________________________________________ On the west ______________________________________________ with an approximate area of ________________ hectares. A sketch plan of the above described claim is drawn in the following blank space which shows, as nearly as may be, the shape and size of the claim, the position of the claim with reference to prominent natural objects or permanent monuments and the position of adjoining claims and the north-south direction line: HERE DRAW A SKETCH OF THE LAND. INDICATE THE NORTH DIRECTION BY AN ARROW (SKETCH PLAN) 2. That the name of the above location is the ________________ Placer Mining Claim, and that the same was located by ______________ from _________________, 19____, to ____________, 19____, inclusive, a total period of _________ days. As located, the claim has _______________ corners. The locator ______________ desires _____________ this mineral land for the purpose of extracting minerals therefrom. 3. That on the ____________ day of _____________, 19____, a notice of placer location was posted upon the claim of which the following is a true copy: "NOTICE OF LOCATION" "The undersigned __________________ located at this place, ___________________ hectares of placer mining ground. The name of said claim is the ______________________ Placer Mining Claim. Date of location _______________________, 19_____, ___________ _____________________________________________________________________________ "___________________ " Locator By "_________________ " Agent 4. That Corner No. 1 is situated _________________ meters from ____________________________ and is marked "____________ Corner No. 1 _____________ Placer Mining Claim," and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm X _______ cm.} {______ cm. in diameter} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 5. That Corner No. 2 is situated ____________________ meters from Corner No. 1, is marked "________________ Corner No. 2 __________________ Placer Mining Claim," and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm X _______ cm.} {______ cm. in diameter} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 6. That Corner No. 3 is situated ___________ meters from Corner No. 2, is marked "_________ Corner No. 3 _________ Placer Mining Claim," and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm X _______ cm.} {______ cm. in diameter} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 7. That Corner No. 4 is situated ___________ meters from Corner No. 3, is marked "_________ Corner No. 4 _________ Placer Mining Claim" and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm X _______ cm.} {______ cm. in diameter} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. __________________ Locator By ________________ Agent ___________________ ___________________ P.O. Address Witness: ____________________ P.O. Address __________ ____________________ P.O. Address __________ ____________________ P.O. Address __________ ____________________ P.O. Address __________ ____________________ P.O. Address __________ P.O. Address __________ ____________________ AFFIDAVIT GOVERNMENT OF THE PHILIPPINES Province of ______________________} s. s. Municipality of ___________________} _________________________ being first duly sworn, deposes and says: That ________________________ citizen __________________ of the ________________, and _____________ of legal age; That the affiant ______________ the {locator/agent} of the said _____________________ who _____________________ the locator ______________ and _________________ cognizant of the facts of the above-mentioned Mineral Claim; That all the notices and posts mentioned in the foregoing Declaration of Location of the _______________ Placer Mining Claim have been put up; That the ground described in the Declaration of Location is valuable for placer mining purposes; and That the land within the boundaries of said Claim is unoccupied by any other person for mining purposes. ____________________ Locator ____________________ Agent Subscribed and sworn to before me this ________________ day of _____________, 19_____, affiant exhibiting his cedula No. ________ issued at ___________________, on the ______________ day of ____________, 19______. ____________________ ____________________ ____________________
Section 53
Section53. The mining recorder shall note on each instrument filed for record the year, month, and day, and the hour and minute of the day on which the same was so filed, and after it has been recorded he shall endorse thereon or on the back thereof certificate in the following form: OFFICE OF THE MINING RECORDER _______________ {Province of/District of} _________________ The within instrument was filed for record in this office at _________ o'clock __________ minutes m. on the ________ day of ___________ A. D ______________ and has been recorded in Book No. __________ of the records of Mining Claims on page No. ___________ Paid under official receipt No. ___________ dated ____________ in the amount of P__________. _____________________ Mining Recorder or District Mining Officer
Section 54
SEC. 54. The register of deeds of the province concerned shall act as mining recorder for that province: Provided, however, That if circumstances so require, the President may appoint district mining officers, or mining recorders or by administrative order impose the performance of the duties of the local district mining officer or mining recorder upon any official or employee in the public service. All such district mining officers or mining recorders shall be under the direction, supervision, and control of the Director of the Bureau of Mines in so far as their duties as district mining officers or mining recorders are concerned.
Section 55
SEC. 55. The Secretary of Agriculture and Commerce may establish mining districts, the boundaries of which shall, so far as is practicable, coincide with the boundaries of the corresponding provinces, but when local conditions so require two or more provinces or parts thereof may be included in the same mining district.
Section 56
SEC. 56. All declarations of location, affidavits, powers of attorney, and all other documents or instruments in writing, regarding or affecting the possession of mining claims or any right or title thereto, or interest therein, shall be recorded by the mining recorder in the order in which they are filed for period, and from and after such recording, all such documents or instruments in writing shall constitute notice to all persons and to the whole of the contents of the same.
Section 57
SEC. 57. If at any time the locator of any mining claim located under the provisions of this Act, or his successors or assigns, shall apprehend that his original location notice or declaration of location was defective, or erroneous, or that the requirements of the law had not been complied with before recording, or shall be desirous of changing his boundaries so as to include ground not embraced by the location as originally made and recorded, and the locator, or his assigns, shall desire to conform the location and declaration of location thereto, such locator, his successors or assigns, may file an amended declaration of location in accordance with the provisions of this Act, with the mining recorder of the province or district in which such claim is situated: Provided, That such amended declaration of location does not interfere at the date of its filing for record with the existing rights of any other person or persons and that no lease on the mining claim affected has as yet been granted to him by the Government prior to the filing of the amended declaration of location. Such amended declaration of location, with the accompanying affidavit, shall be substantially in the following form: AMENDED DECLARATION OF LOCATION (LODE MINERAL) 1. The undersigned hereby declare _________________ and give __________________ notice that, having complied with the provisions of Act Numbered _____________________ of the National Assembly relative to the location of mining claims ________________ ___________________ amended the Declaration of location of the above-named mineral claim, and ________________ located ______________ meters on a lode in which mineral bearing rock has been found in place; situated in the sitio of _____________ barrio of ______________________; municipality of ______________________, Province of _____________ Island of ______________, Philippines and bounded as follows: On the north ______________________________________________ On the east _______________________________________________ On the south ______________________________________________ On the west _______________________________________________ with an approximate area of ________________ hectares. A sketch plan of the claim as amended herein is drawn in the following blank space which shows, as nearly as may be, the shape and size of the claim, the position of the claim with reference to prominent natural objects or permanent monuments, the position of adjoining mining claims, and the north-south direction line: HERE DRAW A SKETCH OF THE LAND. INDICATE THE NORTH DIRECTION BY AN ARROW (SKETCH PLAN) 2. That the name of the above claim is the ____________________ Mineral Claim, and that the same was amended by _____________________ from _____________________, 19_____, inclusive, a total period of _________ days. As amended, the claim has _______________ corners. The locator ________________ holder ______________ desire ____________ this mineral land for the purpose of extracting minerals found therein. 3. That at the point where minerals were found in place, there has been set a ______________________ post {_______ cm. X _________ cm.} {_______ cm. in diameter} by __________ cm. in length, and marked "Discovery Post." 4. That location Post No. 1 is marked as follows "Initial Post." Direction and distance to Post No. 2, _______________________ meters. _______________ meters of this claim lie on the right and ____________ meters on left of the location line from Post No. 1 to Post No. 2; __________________ Lode Claim; locator ______________ or holder _____________ date of original location _____________________ 19, date of amended location ________________, 19_____. 5. That location Post No. 2 is marked as follows: _______________ "____________________ Lode Claim; ____________________ locator or holder __________________ date of original location, ________________, 19____, date of amended location ________________________, 19_____" 6. That Corner No. 1 is situated _____________________________ meters from __________________ and is marked "_____________________ Corner No. 1 ________________ Mineral Claim" and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with a cross. (b) A ________ post {______ cm X _______ cm.} {______ cm. in diameter} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 7. That Corner No. 2 is situated _________________ meters from Corner No. 1 and is marked "_______________ Corner No. 2 __________ Mineral Claim" and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 8. That Corner No. 3 is situated ______________ meters from Corner No. 2 and is marked "______________ Corner No. 3 _____________ Mineral Claim" (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with a cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 9. That Corner No. 4 is situated ________________ meters from Corner No. 3 and is marked "_____________ Corner No. 4 ___________ Mineral Claim" and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with a cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 10. That the amendment is made for the following reasons: __________________________ Witness: ___________________ ___________________ ___________________ Locator Holder P.O. Address By _____________________ Agent ______________________ P.O. Address Witness: ___________________ ___________________ P.O. Address AFFIDAVIT GOVERNMENT OF THE PHILIPPINES Province of _________________________} Municipality of ______________________} s. s. _________________________ being first sworn deposes and says: That ________________________ citizen __________________ of the ________________ and _____________ of legal age; That the affiant __________________________________ the {locator/holder/agent} of the said ___________________________, who _______________ the locator ______________ holder ________________ and _____________________ cognizant of the facts of the above-mentioned mineral claim; That all the notices and posts mentioned in the foregoing Amended Declaration of Location of the _____________________________ Mineral Claim have been put up; That the corners of said claim have been established and marked as therein described; That mineral has been found in place on the above-named claim; That this Declaration of Location, as amended, does not interfere, at the date of its filing for record, with the existing rights of any person or persons. ______________________ Lessee, Holder, Locator ______________________ Agent Subscribed and sworn to before me this __________________ day of _______________, 19_____, affiant exhibiting his cedula No. _________ issued at _______________ on the _________ day of ______________, 19____ ______________________ AMENDED DECLARATION OF LOCATION (PLACER) 1. The undersigned hereby declare __________________ and give _____________ notice that, having complied with the provisions of Act Numbered _________________ of the National Assembly relative to location of mining claim, __________________ amended the Declaration of Location of the above-mentioned mining claim, and __________________ located certain placer mining ground, situated in the sitio of ___________________, barrio of ___________________________, municipality of _____________, Province of _______________ Island of ______________ Philippines, and bounded as follows: On the north ______________________________________________ On the east _______________________________________________ On the south ______________________________________________ On the west _______________________________________________ with an approximate area of ________________ hectares. A sketch plan of the claim as amended herein, is drawn in the following blank space which shows, as nearly as may be, the shape and size of the claim, the position of the claim with reference to permanent natural objects or permanent monuments, the position of the adjoining mining claims, and the north-south direction line: HERE DRAW A SKETCH OF THE LAND. INDICATE THE NORTH DIRECTION BY AN ARROW (SKETCH PLAN) 2. That the name of the above location is the ___________________ Placer Mining Claim, and that the same was amended by _____________ from ___________________ 19______, to _________________________ ____________________, 19______, inclusive, a total period of _______________ days. As amended, the claim has _________________ corners. The locator ________________ or holder _______________ desire ________________ this mineral land for the purpose of extracting minerals found therein. 3. That on the _____________ day _________________, 19____, a notice of placer location was posted upon the claim of which the following is a true copy: "NOTICE OF PLACER LOCATION" "The undersigned ________________________________ located at this place, _______________ hectares of placer mining ground. The name of the said claim is the _______________ Placer Mining Claim. Date of original Location ______________, 19_____, date of amended location ______________, 19______ "_________________ " Locator By "________________ " Agent 4. That Corner No. 1 is situated ________________ meters from ________________________ and is marked "___________________ Corner No. 1 __________ Placer Mining Claim," and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with a cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 5. That Corner No. 2 is situated _________________________ meters from Corner No. 1, is marked "___________________ Corner No. 2 _____________ Placer Mining Claim," and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with a cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 6. That Corner No. 3 is situated ________________ meters from Corner No. 2, is marked "__________________ Corner No. 3 ____________ Placer Mining Claim," and is established by: (a) A {_________ tree __________ cm. in diameter} {fixed rock _________ cm. X _________ cm.} marked with a cross. (b) A ________ post {______ cm. in diameter} {______ cm X _______ cm.} set approximately __________ cm. in the ground and surrounded by a mound of {earth/stone}________ cm. in diameter by _________ cm. in height. (c) A stone __________ cm. X __________ cm. X ___________ cm. in length, projecting ________ cm. above the ground. 8. That the amendment is made for the following reasons: ___________________________________________________________________________ (Locator) (Holder) Witnesses ____________________ ____________________ By _____________________ P.O. Address ______________ P.O. Address _______________ ________________________ _________________________ P.O. Address ______________ P.O. Address _______________ ________________________ _________________________ P.O. Address ______________ P.O. Address _______________ ________________________ _________________________ P.O. Address ______________ P.O. Address _______________ AFFIDAVIT GOVERNMENT OF THE PHILIPPINES Province of _________________________} s. s. Municipality of ______________________} _____________________________ being first duly sworn, deposes and says: That ___________________________________ citizen ___________ of the ________________________, and ___________________ and of legal age; That the affiant _____________________ the {locator/holder/agent} of the said _______________ who ________________ the locator ___________________ holder _______________ and ________________ cognizant of the facts of the above-mentioned Placer Claim; That all of the posts and notices mentioned in the foregoing Amended Declaration of Location of the __________________________ Placer Mining Claim have been put up; That the ground described on the Amended Declaration of Location is valuable for placer mining purposes; That this Declaration of Location, as amended, does not interfere, at the date of its filing for record, with the existing rights of any person or persons. _______________ _______________ _______________ Locator Holder Agent Subscribed and sworn to before me this _____________ day of _____________________, 19_____, affiant exhibiting his cedula No. ___________________ issued at __________________________ on the _______________ day of ____________ 19_____ ______________________
Section 58
SEC. 58. There shall be paid to the provincial treasurer or to the mining recorder duly authorized to receive payment, a fee of three pesos for each original or amended declaration of location of mining claim, for each affidavit accompanying such declaration, and for each power of attorney, document, or instrument in writing, regarding or affecting the possession of mining claims or any right or title thereto, or interest therein, filed for record, and, on the presentation of the receipt of the provincial treasurer or mining recorder duly authorized to receive payment, the said declaration, affidavit, power of attorney, document or instrument in writing shall be recorded by the mining recorder: Provided, That the affidavit of the locator of the mining claim or of his, its, or their agent, required by this Act, have been filed and the fees herein required have been paid. The fees shall be accounted for as other collections of the officers receiving them, and deposited to the credit of the proper province or municipality, as the case may be, in accordance with the next following section of this Act.
Section 59
SEC. 59. Fifty per centum of the fees collected by authority of the preceding section shall accrue to the province, and fifty per centum of the same, shall accrue to the municipality in which the mining claim is located. In the case of chartered cities the full amount shall accrue to the city concerned.
Section 60
SEC. 60. No valid mining claim or any part thereof, may be located by others until the original locator or his successors in interest abandons the claim or forfeits his rights on the same under the provisions of this Act.
Section 61
SEC. 61. Conflicts and disputes arising out of mining locations may be submitted to the Director of the Bureau of Mines for decision: Provided, That such decision may be appealed to the Secretary of Agriculture and Commerce within ninety days from the date of its entry. In case any one of the interested parties should disagree from the decision of the Director of the Bureau of Mines or of the Secretary of Agriculture and Commerce, the matter may be taken to the court of competent jurisdiction within ninety days after notice of such decision, after which time without the institution of such action the said decision shall be final and binding upon the parties concerned.
Section 62
SEC. 62. Any qualified person making a valid location of a mining claim, his successors, and assigns, acquires thereby the right of exploration and occupation from the date of the registry of the claims in the office of the mining recorder; but he shall not be entitled to mine or extract minerals from the claim for commercial purposes until a lease is granted thereon as provided for in this Act: Provided, however, That if an application for lease of said mining claim is made, such application shall ipso facto serve to extend the period of such right until final action is taken thereon.
Section 63
SEC. 63. At any time prior to the granting of the lease on his mining claim a holder thereof may abandon the same by giving notice in writing to the mining recorder of his intention to abandon the same, and from the date of the record of such notice all his interests in such claim shall cease.
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Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).