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Republic Act

REQUIRING ALL LOCATORS UNDER THE ACT OF CONGRESS OF JULY 1, 1902, AS AMENDED, TO SECURE MINING LEASE CONTRACTS UNDER THE PROVISIONS OF PRESIDENTIAL DECREE NO. 463 INVOLVING THEIR PATENTABLE MINING CLAIMS.

Number
Presidential Decree No. 1214
Date of approval
Sections
6
Preamble

WHEREAS, there are still many patentable mining claims, lode

and placer, which up to now have not been issued mining patents;

WHEREAS, the existence of patentable mining claims gives

rise to conflicts between the mining claimant and the surface occupant/s over

the ownership of the land covered thereby;

WHEREAS, such conflicts do not only give rise to unnecessary

court litigations between the conflicting parties but are deterrents to the

development of our mineral resources;

WHEREAS, it is believed that the issuance of mining lease

contracts involving patentable mining claims would expedite the immediate

exploration, development and exploitation of the minerals of the country in line

with the objectives of Presidential Decree No. 463; and

WHEREAS, the issuance of mining lease contracts covering

patentable mining claims would bring the said claims squarely within the purview

of Presidential Decree No. 463.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby

decree the following:

Section 1

SECTION 1. Holders of subsisting and valid patentable mining

claims, lode or placer, located under the provisions of the Act of Congress of

July 1, 1902, as amended, shall file a mining lease application therefor with

the Mines Regional Office concerned within a period of one (1) year from the

approval of this Decree, and upon the filing thereof, holders oT the said claims

shall be considered to have waived their rights to the issuance of mining

patents therefor: Provided, however, That the non-filing of the

application for mining lease by the holders thereof within the period herein

prescribed shall cause the forfeiture of all his rights to the claim.

Section 2

SEC. 2. No mines temporary permit shall be required of a

holder of a patentable mining claim, lode or placer, in the extraction and

disposal of minerals taken therefrom prior to the filing of the mining lease

application therefor; Provided, That upon the filing of the said

application, the provisions of Presidential Decree No. 463 shall apply:

Provided, further, That patent applications already published shall be

exempted from the publication requirements of Presidential Decree No. 463.

Section 3

SEC. 3. If any section or provision of this Decree is held

or declared unconstitutional or invalid by a competent court the other sections

or provisions hereof shall continue to be in force as if the sections or

provisions so annulled or voided had never been incorporated in this Decree.

Section 4

SEC. 4. All laws, decrees, rules and regulations or parts

thereof in conflict or inconsistent with any of the provisions of this Decree

are hereby repealed or modified accordingly.

Section 5

SEC. 5. This Decree shall take effect immediately.

DONE in the City of Manila, this 14th day of October, in the year of Our

Lord, nineteen hundred and seventy-seven.

6 sections

Cite this law

REQUIRING ALL LOCATORS UNDER THE ACT OF CONGRESS OF JULY 1, 1902, AS AMENDED, TO SECURE MINING LEASE CONTRACTS UNDER THE PROVISIONS OF PRESIDENTIAL DECREE NO. 463 INVOLVING THEIR PATENTABLE MINING CLAIMS. (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-1214

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

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