Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.・Read the official text ↗
SEC. 11. Locations in Public and Private Lands. -Only qualified persons may locate mining claims within public and private lands. However, a prospector may locate for another person: Provided, That he is first duly authorized by means of a public instrument registered with the mining recorder concerned before undertaking such location work.
SEC. 12. Entry into Public and Private Lands. -A person who desires to conduct prospecting or other mining operations within public lands covered by concessions or rights other than mining shall first obtain the written permission of the government official concerned before entering such lands. In the case of private lands, the written permission of the owner or possessor of the land must be obtained before entering such lands. In either case, if said permission is denied, the Director, at the request of the interested person may intercede with the owner or possessor of the land. If the intercession fails, the interested person may bring suit in the Court of First Instance of the province where the land is situated. If the court finds the request justified, it shall issue an order granting the permission after fixing the amount of compensation and/or rental due the owner or possessor: Provided, That pending final adjudication of such amount, the court shall upon recommendation of the Director permit the interested person to enter, prospect and/or undertake other mining operations on the disputed land upon posting by such interested person of a bond with the court which the latter shall consider adequate to answer for any damage to the owner or possessor of the land resulting from such entry, prospecting or any other mining operations.
SEC. 13. Areas Closed to Mining Location. -No prospecting and location shall be allowed: (a) In military, mineral and other reservations, except by the Government; (b) In lands covered by valid and subsisting mining claims located under previous mining laws; (c) In lands covered by mining claims or leases acquired in accordance with the provisions of this Decree; and (d) Near or under buildings, cemeteries, bridges, highways, waterways, railroads, reservoirs, dams, or any other public or private works, unless otherwise authorized by the Secretary with the permission of the Secretary of the Department of Public Works, Transportation and Communications. The Secretary shall, upon recommendation of the Director, prescribe in detail the regulations implementing the various restrictions under this Section.
Size of Mining Claim.
SEC. 14. Size of Mining Claim. - For purposes of registration of a mining claim under this Decree, the Philippine territory and its shelf are hereby divided into meridional blocks or quadrangles of one-half minute (1/2') of latitude and longitude, each block or quadrangle containing an area of eighty-one (8l) hectares, more or less. A mining claim shall cover one such block although a lesser area may be allowed if warranted by attendant circumstances, such as geographical and other justifiable considerations as may be determined by the Director: Provided, That in no case shall the locator be allowed to register twice the area allowed for lease under Section 43 hereof.
Declaration of Location of a Mining Claim.
SEC. 15. Declaration of Location of a Mining Claim. - A qualified person may locate a mining claim by filing with the Director or his designated deputy, a declaration of location covering a meridional block or fraction thereof constituting his mining claim in a form prescribed for the purpose.
Recording of Declaration of Location, Ministerial.
SEC. 16. Recording of Declaration of Location, Ministerial. - Upon payment of the required filing fee, recording of a duly accomplished and notarized declaration of location for a mining claim shall be ministerial on the part of the recorder concerned.
Mining Register.
SEC. 17. Mining Register. - The Director shall cause a mining register to be kept in the Bureau of Mines, or in such other places as he may designate, on which all instruments concerning mining rights, such as acquisition, sub-lease, operating agreements, transfers, assignments, abandonment, cancellation and others, are recorded and registered in chronological order of receipt upon payment of the required fee. On each instrument recorded and registered, shall be annotated the date and time of filing, document number, page of register, register book number, year series, the amount of fee paid, and the official receipt number.
System and Effect of Recording Mining Instruments.
SEC. 18. System and Effect of Recording Mining Instruments. - All declarations of location, affidavits, authority, and all other documents or instruments regarding or affecting the possession of mining area or any right or title thereto, or interest therein, shall be recorded in the order of their receipt by the Mining Recorder after payment of the required fee, and from and after such recording, all documents or instruments in writing shall constitute notice to all persons and to the whole world of the contents of the same.
SEC. 19. Registration, Filing and Other Fees. -The Director is authorized to charge reasonable filing and other fees as he may prescribe by regulation for services to be rendered by the Bureau of Mines. The registration and filing fees shall accrue to the Mines Special Fund, and other fees to the Fiduciary Fund.
Right Acquired by Registration of the Declaration of Location.
SEC. 20. Right Acquired by Registration of the Declaration of Location. - The recording of a declaration of location for a mining claim shall give the claim owner, his successors and assigns, the right to occupy, explore and develop said claim from the date of the recording thereof subject to the provisions of Section 12 hereof.
SEC. 21. Voluntary Abandonment of Mining Claim.-A claim owner may, at any time before a lease is granted, voluntarily abandon his mining claim by filing for record with the Director or his deputy, an affidavit of abandonment, and from the date of the recording of such affidavit all the rights and interests in such claim shall be deemed to have ceased: Provided, That the original locator or his successor or assigns shall not be allowed to relocate directly or indirectly the same claim.
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).