False Statements.
SEC. 75. False Statements. - Any person who, knowingly presents or causes to be presented any false application, declaration, or evidence to the Government or publishes, or causes to be published any prospectus or other information containing any false statement relating to mines, mining operations, mining claims or lease, shall be guilty of perjury if such statement is made under oath; and shall be punished upon conviction in accordance with the provisions of the Revised Penal Code. If such false statement is not made under oath, he shall be punished, upon conviction, by a fine not exceeding one thousand pesos (P1,000.00).
Intentional Overlapping.
SEC. 76. Intentional Overlapping. - Any person who shall locate an area as a mining claim and/or overlap any mining claim knowing fully well that the area is already covered by another locator's valid and existing registered claim, shall be guilty of falsification of public document punishable under the Revised Penal Code.
Destruction of Claim Monuments, Marks, etc.
SEC. 77. Destruction of Claim Monuments, Marks, etc. - Any person who willfully and maliciously defaces, removes, or disturbs, any stake, post, monument, boundary line, or any other mark lawfully placed on mining claims, or destroys, injures or defaces any rules or notices required to be posted under this Decree, shall be punished upon conviction, by a fine not exceeding five hundred pesos (P500.00), besides paying compensation for the expenses incurred in replacing the defaced, altered, removed, or disturbed stakes, posts, monuments, boundary lines, notices, or any other mark.
Theft of Minerals.
SEC. 78. Theft of Minerals. - Any person who, without a mining lease or a temporary permit to mine, shall extract, remove, and/or dispose of minerals for commercial purposes belonging to the Government or from a mining claim or claims leased, held, or owned by other persons, without the written permission contemplated in Section 12, shall be deemed to have stolen the ores or the products thereof from the mines or mills. He shall, upon conviction, be imprisoned from six months to six years or pay a fine from one hundred pesos to ten thousand pesos, or both, in the discretion of the court, besides paying compensation for the minerals extracted and disposed of, the royalty and the damage caused thereby.
Fraudulent Conveyance of Mining Interest.
SEC. 79. Fraudulent Conveyance of Mining Interest. - Any person who, with intent of gain, knowingly sells, transfers or conveys any false mining claim or claims or any false right, title or interest in such mining claims which were not actually located on the ground and do not exist as such claims shall be guilty of estafa and shall be punished, upon conviction, in accordance with the provisions of the Revised Penal Code.
SEC. 80. Salting of Mineral Lands and Minerals.-Any person, who knowingly places or deposits, or becomes accessory to the placing or depositing of, any mineral in any land for the purpose of "salting" or misleading other persons as to the value of the mineral deposits in such land, or who, knowingly comingles or causes to be comingled samples of minerals with any other substances whatsoever which increases the value or in any way changes the nature of the said minerals for the purpose of deceiving, cheating, or defrauding any person, shall be punished, upon conviction, by imprisonment not exceeding a period of five (5) years besides paying compensation for the damage which may have been caused thereby.
Pollution from Mine Wastes and Mill Tailings.
SEC. 81. Pollution from Mine Wastes and Mill Tailings. - Any person who willfully cause or permits sludge or tailings and other mine and mill wastes to accumulate in, or flow from his mining claims so as to cause danger, injury, or obstruction to any public road, rivers, or streams or other public property shall be punished, upon conviction, by a fine not exceeding five thousand pesos (P5,000.00) or imprisonment not exceeding six (6) years, or both in the discretion of the court besides paying compensation for the damage caused thereby.
SEC. 82. Interference with Mine Water Rights. -Any person who willfully takes water from a mine, mill, dam, reservoir, or from any other form of deposit, or prevents the water from entering said mine, mill, dam, reservoir, or in any way interferes with the full enjoyment of water rights previously granted and lawfully held by another person shall be punished, upon conviction, by a fine not exceeding five hundred pesos (P500.00) or imprisonment not exceeding six (6) months or both, at the discretion of the court.
SEC. 83. Destruction of Mining Claim Structures. -Any person who willfully destroys or damages structure in or on mining claims or on mill sites shall be punished, upon conviction, by imprisonment not to exceed five (5) years besides paying compensation for the damages which may have been caused thereby.
Mines Arson.
SEC. 84. Mines Arson. - Any person who willfully sets fire to any mineral stockpile, mine, or workings, fittings, or a mine shall be guilty of arson and shall be punished, upon conviction, in accordance with the provisions of the Revised Penal Code, besides paying compensation for the damage caused thereby.
Willful Damage to a Mine.
SEC. 85. Willful Damage to a Mine. - Any person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless, damages, or destroys any machine, appliance, apparatus, rope, chain, tackle or any other thing which is used in a mine, shall be punished, upon conviction, by imprisonment not exceeding a period of five (5) years besides paying compensation for the damages caused thereby.
Illegal Obstruction to Government Officials.
SEC. 86. Illegal Obstruction to Government Officials. - Any person who willfully obstructs, harasses, and/or threatens the Director or any of his subordinates or representatives, in the performance of their duties pursuant to this Decree shall be punished, upon conviction, by a fine not exceeding one thousand pesos (P1,000.00), or by imprisonment of not more than one (1) year, or both, at the discretion of the court.
Illegal Obstruction to Lessee, Licensee or Permittee.
SEC. 87. Illegal Obstruction to Lessee, Licensee or Permittee. - Any person who, without justifiable cause, prevents or obstructs the holder of a mining claim, any lessee, licensee or permittee under this Decree from undertaking prospecting, or development and exploitation operations in any mining claim shall be punished by a fine of not more than one thousand pesos (P1,000.00) or by imprisonment of not more than one (1) year or both, at the discretion of the court.
Delay in the Payment of Tax or Rental or Royalty.
SEC. 88. Delay in the Payment of Tax or Rental or Royalty. - Where the amount of tax, rental or royalty provided for by this Decree or by the terms and conditions of the lease contract or permit or license granted under this Decree is not paid on due date, there shall be collected as part of the amount due, a surcharge of three per centum (3%) thereof per month from due date until paid, such surcharges to accrue to the Mines Special Fund.
Offenses by Corporation.
SEC. 89. Offenses by Corporation. - Whenever any of the offenses mentioned in this chapter is committed by a corporation, partnership or association, the President and each of the Directors or managers of said corporation, partnership or association or its agent or representative in the Philippines in case of a foreign corporation or association who shall have directed or induced the commission of the said offense shall be criminally liable as principal thereof.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
