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From Staff Bureau to Line Bureau.
SEC. 100. From Staff Bureau to Line Bureau. - The Mines and Geosciences Bureau is hereby transformed into a line bureau consistent with Section 9 of this Act: Provided, That under the Mines and Geosciences Bureau shall be the necessary mines regional, district and other pertinent offices - the number and specific functions of which shall be provided in the implementing rules and regulations of this Act. CHAPTER XIXPENAL PROVISIONS
False Statements.
SEC. 101. False Statements. - Any person who knowingly presents 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 or mineral agreements, financial or technical assistance agreements and permits shall, upon conviction, be penalized by a fine of not exceeding Ten thousand pesos (P10,000.00).
Illegal Exploration.
SEC. 102. Illegal Exploration. - Any person undertaking exploration work without the necessary exploration permit shall, upon conviction, be penalized by a fine of not exceeding Fifty thousand pesos (P50,000.00) .
Theft of Minerals.
SEC. 103. Theft of Minerals. - Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants shall, upon conviction, be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000 . 00), or both, at the discretion of the appropriate court. In addition, he shall be liable to pay damages and compensation for the minerals removed, extracted, and disposed of. In the case of associations, partnerships, or corporations, the president and each of the directors thereof shall be responsible for the acts committed by such association, corporation, or partnership.
Destruction of Mining Structures.
SEC. 104. Destruction of Mining Structures. - Any person who wilfully destroys or damages structures in or on the mining area or on the mill sites shall, upon conviction, be imprisoned for a period not to exceed five (5) years and shall, in addition, pay compensation for the damages which may have been caused thereby.
Mines Arson.
SEC. 105. Mines Arson. - Any person who wilfully sets fire to any mineral stockpile, mine or workings, fittings or a mine, shall be guilty of arson and shall be punished, upon conviction, by the appropriate court in accordance with the provisions of the Revised Penal Code and shall, in addition, pay compensation for the damages caused thereby.
Wilfull Damage to a Mine.
SEC. 106. Wilfull Damage to a Mine. - Any person who wilfully damages a mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a mine, or Tenders useless, damages or destroys any machine, appliance, apparatus, rope, chain, tackle, or any other things used in a mine, shall be punished, upon conviction, by the appropriate court, by imprisonment not exceeding a period of five (5) years and shall, in addition, pay compensation for the damages caused thereby.
Illegal Obstruction to Permittees or Contractors.
SEC. 107. Illegal Obstruction to Permittees or Contractors. - Any person who, without justifiable cause, prevents or obstructs the holder of any permit, agreement or lease from undertaking his mining operations shall be punished, upon conviction by the appropriate court, by a fine not exceeding Five thousand pesos (P5,000.00) or imprisonment not exceeding one (1) year, or both, at the discretion of the court.
Violation of the Terms and Conditions of the Environmental Compliance Certificate.
SEC. 108. Violation of the Terms and Conditions of the Environmental Compliance Certificate. - Any person who wilfully violates or grossly neglects to abide by the terms and conditions of the environmental compliance certificate issued to said person and which causes environmental damage through pollution shall suffer the penalty of imprisonment of six (6) months to six (6) years or a fine of Fifty thousand pesos (P50,000.00) to Two hundred thousand pesos (P200, 000.00) , or both, at the discretion of the court.
SEC. 109. Illegal Obstruction to Government Officials. -Any person who illegally prevents or obstructs the Secretary, the Director or any of their representatives in the performance of their duties under the provisions of this Act and of the regulations promulgated hereunder shall be punished, upon conviction, by the appropriate court, by a fine not exceeding Five thousand pesos (P15,000.00) or by imprisonment not exceeding one (1) year, or both, at the discretion of the court.
Other Violations.
SEC. 110. Other Violations. - Any other violation of this Act and its implementing rules and regulations shall constitute an offense punishable with a fine not exceeding Five thousand pesos (P5,000.00).
Fines.
SEC. 111. Fines. - The Secretary is authorized to charge fines for late or non-submission of reports in accordance with the implementing rules and regulations of this Act. CHAPTER XXTRANSITORY AND MISCELLANEOUS PROVISIONS
Non-impairment of Existing Mining/Quarrying Rights.
SEC. 112. Non-impairment of Existing Mining/Quarrying Rights. - All valid and existing mining lease contracts, permits/licenses, leases pending renewal, mineral production-sharing agreements granted under Executive Order No. 279, at the date of effectivity of this Act, shall remain valid, shall not be impaired, and shall be recognized by the Government: Provided, That the provisions of Chapter XIV on government share in mineral production-sharing agreement and of Chapter XVI on incentives of this Act shall immediately govern and apply to a mining lessee or contractor unless the mining lessee or contractor indicates his intention to the secretary, in writing, not to avail of said provisions: Provided, further, That no renewal of mining lease contracts shall be made after the expiration of its term: Provided, finally, That such leases, production-sharing agreements, financial or technical assistance agreements shall comply with the applicable provisions of this Act and its implementing rules and regulations.
Recognition of Valid and Existing Mining Claims and Lease/Quarry Applications.
SEC. 113. Recognition of Valid and Existing Mining Claims and Lease/Quarry Applications. - Holders of valid and existing mining claims, lease/quarry applications shall be given preferential rights to enter into any mode of mineral agreement with the government within two (2) years from the, promulgation of the rules and regulations implementing this Act.
Separability Clause.
SEC. 114. Separability Clause. - If any of the provision of this Act is held or declared to be unconstitutional or invalid by a competent court, the other provisions hereof shall continue to be in force as if the provision so annulled or voided had never been incorporated in this Act.
Repealing and Amending Clause.
SEC. 115. Repealing and Amending Clause. - All laws, executive orders, presidential decrees, rules and regulations or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed or amended accordingly.
Effectivity Clause.
SEC. 116. Effectivity Clause. - This Act shall take effect thirty (30) days following its complete publication in two (2) newspapers of general circulation in the Philippines. Approved, (Sgd.) EDGARDO J. ANGARA (Sgd.) JOSE DE VENECIA, JR. President of the Senate Speaker of the House of Representatives This Act which is a consolidation of House Bill No. 10816 and Senate Bill No. 1639 was finally passed by the House of Representatives and the Senate on February 20, 1995. (Sgd.) EDGARDO E. TUMANGAN (Sgd.) CAMILO L. SABIO Secretary of the Senate Secretary General House of Representatives Approved: March 3, 1995 (Sgd.) FIDEL V. RAMOS President of the Philippines
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).