AMENDING THE PROVISIONS OF COMMONWEALTH ACT NO. 137, OTHERWISE KNOWN AS THE MINING ACT, AS AMENDED.

• Number: Presidential Decree No. 99-A
• Sections: 4

Preamble

WHEREAS, development or exploitation of many mining areas

has been hampered by

Conflicting mining claims;

WHEREAS, many of these conflicts have arisen from claims of

persons whose main

objective is to harass the rightful claimants;

WHEREAS, it is now necessary to provide the means to settle

such conflicts in order to achieve an orderly and effective discovery,

possession, exploitation, development and administration of the country’s

mineral resources and hasten their development;

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

Philippines, by

virtue of the powers in me vested by the Constitution as

Commander-in-Chief of the Armed Forces of the Philippines, and pursuant to

Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated

September 22, 1972, as amended, do hereby order and decree the following

amendments to the Mining Law, Commonwealth Act No. 137, as amended.

SECTlON 1. Whenever there is any conflict between claim

owners over any mining

claim, whether mineral or non-mineral, the locator of

the claim who first registered his claim with the proper mining registrar,

notwithstanding any defect in form or technicality, shall have the exclusive

right to possess, exploit, explore, develop and operate such mining claim.

Any person who shall overlap such mining claim knowing that such mining claim

is covered by another locator's duly registered claim, shall be guilty of

falsification of public document as punishable under the Revised Penal Code.

In the event of any conflict between claimants, the locator of the mining

claim who has registered his claim as described in the first paragraph hereof

shall be given the right to possess, exploit, explore, develop and operate the

mining claim to the exclusion of any other person. Notwithstanding the fact that

the question may be brought to the jurisdiction of the courts, the Director of

Mines shall issue the order for the original locator's right to possess,

exploit, explore, develop and operate such mining claim.

Section 2

SEC. 2. The decision of the Director of Mines may be

appealed within ten days from receipt by the aggrieved party of said decision to

the Secretary of Agriculture and Natural Resources, who must render his decision

within ten days from receipt of the appeal. The decision of the Secretary of

Agriculture and Natural Resources may be appealed to the President of the

Philippines within ten days from receipt of such decision. The President shall

render his decision within fifteen days from receipt of the appeal.

The decision of the Director of Mines shall be immediately executory,

notwithstanding the appeal, unless the Secretary of Agriculture and Natural

Resources or the President shall direct otherwise.

Section 3

SEC. 3. All laws, decrees, rules or regulations, or parts

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

are hereby repealed.

Section 4

SEC. 4. This Decree is made part of the law of the land and

shall take effect immediately.

Done in the City of Manila, this 15th day of January, in the year of Our

Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary