PRESCRIBING A HEAVIER MINIMUM. PENALTY FOR HIGHGRADING OR THEFT OF GOLD FROM A MINING CLAIM OR MINING CAMP.

• Number: Presidential Decree No. 581
• Sections: 6

Preamble

WHEREAS, "highgrading" or the theft of gold has become

rampant in the mining areas where gold is produced because of the high

price that this precious metal now commands in the free market;

WHEREAS, gold mining is one of the industries that the

Government encourages because of the role that gold plays in our economy

not only as an important part of our international reserves, but also

as one of our principal sources of foreign exchange;

WHEREAS, the existing laws have proved inadequate in curbing

highgrading because of the difficulty in apprehending highgraders and

also because of the light penalties usually imposed on the accused due

to the relatively low value which the Courts give to stolen gold-bearing

ores or rocks;

WHEREAS, "highgrading" causes damage not only to the

operator of the mining claims, but also to the Government which loses

the foreign exchange and the taxes the stolen gold could have generated

and, worse, it promotes black-marketing and smuggling abroad of this

precious metal; and

WHEREAS, one of the principal aims of our New Society is to

stamp out all forms of lawlessness to promote the social and economic

well-being of our people;

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

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

hereby order and decree that:

Section 1

SECTION 1. Any person who shall take gold-bearing ores or

rocks from a mining claim or mining camp or shall remove, collect or

gather gold-bearing ores or rocks in place or shall extract or remove

the gold from such ores or rocks, or shall prepare and treat such ores

or rocks to recover or extract the gold contents thereof, without the

consent of the operator of the mining claim, shall be guilty of

"highgrading" or theft of gold and shall suffer a penalty of prision-correccional

in its minimum period, but if the accused is an employee or laborer of

the operator of the mining claim, the penalty shall be

prision-correcional in medium period without prejudice to the imposition

of the higher penalties provided in Article 309 of the Revised Penal

Code if the value of the goods stolen so warrants. The penalty next

lower in degree than that prescribed hereinabove shall be imposed if the

offense is frustrated, and the penalty two degrees lower if the offense

is attempted.

Section 2

SEC. 2. The unauthorized possession by any person within a

mining claim or mining camp of gold-bearing ores or rocks or of gold

extracted or removed from such ores or rocks, shall be prima facie

evidence that they have been stolen from the operator of a mining

claim.

Section 3

SEC. 3. Any person who knowingly buys or acquires stolen

gold-bearing ore or rocks or the gold extracted or removed therefrom

shall be guilty of theft as an accessory and penalized with arresto

mayor in its maximum period.

Section 4

SEC. 4. All laws or regulations inconsistent herewith are

hereby repealed or modified accordingly.

Section 5

SEC. 5. This Decree shall take effect immediately.

Done in the City of Manila, this 13th day of November, in the year

of Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary