Amending Presidential Decree No. 581 And Regulating Panning Or Sluicing For Gold Inside Mining Claims Or In Public Or Private Lands

Case Overview and Summary

Summary of Presidential Decree No. 1150

Regulating Panning or Sluicing for Gold
- Allows panning or sluicing of loose sediments to extract gold from creeks, streams, rivers inside mining claims, and from private or public lands. (Section 1)
- Requires a permit from the Mines Regional Officer for panning or sluicing, with an application fee of P30.00. (Section 2)
- The permit covers an area of not more than 2,000 square meters and is valid for up to 3 months, renewable for the same period. (Section 2)
- Requires written consent from the claim owner, landowner, or government agency for panning or sluicing. If the mining claim is covered by an operating agreement, consent must be given by the operator. (Section 3)
- Prohibits employing minors and conducting operations during nighttime. (Section 4)
- Limits activities to panning by hand or sluicing using sluice boxes. No drilling, blasting, crushing, or grinding by machinery is allowed. (Section 5)
- Recovered or extracted gold must be sold only to authorized dealers, with preference given to the mining operator, claim owner, or landowner. (Section 6)
- Authorized buyers must retain 11.5% of the gross value of the gold bought, with 1.5% as ad valorem tax and 10% as royalty to the claim owner, landowner, or government agency. If the mining claim is covered by an agreement, the 10% royalty is divided equally between the claim owner and operator, unless otherwise agreed. (Section 6)
- Requires a license from the city or municipal treasurer to engage in the business of buying and selling gold. Accurate records of transactions must be kept. Failure to comply is punishable with arresto mayor. (Section 7)
- Panning or sluicing inside a mining claim or on private or public lands without consent and permit is considered "highgrading" and punishable with arresto mayor. (Section 8)
- Unexplained or unauthorized possession of raw gold within a mining claim or mining camp is unlawful and punishable with arresto mayor. Exceptions apply for possession of mercury or gold amalgam as part of equipment, by dentists, or by authorized mining operators and employees. (Section 9)
- Defines "gold amalgam" as an alloy formed by mercury with gold. (Section 9)
- Selling or knowingly buying or acquiring gold in the form of dust, flakes, grains, or gold amalgam from persons without a permit is considered theft as an accessory and punishable with arresto menor in its maximum period. (Section 11)
- Defines "claim owner", "sluice box", "panning", and "sluicing". (Section 12)
- Repeals or modifies inconsistent laws or regulations. (Section 13)
- Effective immediately upon issuance. (Section 14)