Presidential Decree No. 581 (PD 581) — Prescribing a Heavier Minimum. Penalty for Highgrading or Theft of Gold from a Mining Claim or Mining Camp.
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. 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.
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.
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.
SEC. 4. All laws or regulations inconsistent herewith are
hereby repealed or modified accordingly.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
