Article 52p. 52

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Failure to pay the taxes and fees due the Government for

two (2) consecutive years shall cause the cancellation of

the exploration permit, mineral agreement, financial or

technical assistance agreement and other agreements

and the re-opening of the area subject thereof to new

applicants.

Section 98

Suspension or Cancellation of Tar Incentives and Credits

Failure to abide by the terms and conditions of tax

incentive and credits shall cause the suspension or

cancellation of said incentives and credits.

Section 99

Falsehood or Omission of Facts in the Statement

All statements made in the exploration permit, mining

agreement

and

financial

or

technical

assistance

agreement

shall

be

considered

as

conditions

and

essential

parts

thereof

and

any

falsehood

in

said

statements or omission of facts therein which may alter,

change or affect substantially the facts set forth in said

statements may cause the revocation and termination of

the exploration permit, mining agreement and financial

or technical assistance agreement.

CHAPTER

XVIII

Organizational

and

Institutional Arrangements

Section 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 XIX Penal Provisions

Section 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).

Section 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).

Section 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.

Section 104

Destruction of Mining Structures

Any person who willfully 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.

Section 105

Mines Arson

Any

person

who

willfully

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

hereby.

Section 106

Willful Damage to a Mine

Any person who willfully damages a mine, unlawfully

causes water to run into a mine, or obstructs any shaft or

passage to a mine, or renders 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.

Section 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.

Section 108

Violation

of

the

Terms

and

Conditions

of

the

Environmental Compliance Certificate

Any person who willfully 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.

Section 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

(P5,000.00) or by imprisonment not exceeding one (1)

year, or both, at the discretion of the court.

© 2018 Compiled by RGL

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