Prescribing A Heavier Minimum Penalty For Highgrading Or Theft Of Gold From A Mining Claim Or Mining Camp

Case Overview and Summary

Summary of Presidential Decree No. 581

Highgrading or Theft of Gold from Mining Claims
- Any person who takes gold-bearing ores or rocks from a mining claim or mining camp without the operator's consent is guilty of "highgrading" or theft of gold. (Section 1)
- The penalty is prision-correccional in its minimum period, but if the accused is an employee or laborer of the operator, the penalty is prision-correccional in its medium period. (Section 1)
- Higher penalties under Article 309 of the Revised Penal Code may apply if the value of the stolen goods warrants it. (Section 1)
- Frustrated offense: penalty next lower in degree than prescribed. (Section 1)
- Attempted offense: penalty two degrees lower than prescribed. (Section 1)

Unauthorized Possession as Prima Facie Evidence
- Unauthorized possession of gold-bearing ores, rocks, or extracted gold within a mining claim or camp is prima facie evidence that they were stolen from the operator. (Section 2)

Accessory Liability for Buying Stolen Gold
- Any person who knowingly buys or acquires stolen gold-bearing ores, rocks, or extracted gold is guilty of theft as an accessory and penalized with arresto mayor in its maximum period. (Section 3)

Repealing Clause and Effectivity
- All inconsistent laws or regulations are repealed or modified accordingly. (Section 4)
- This Decree takes effect immediately. (Section 5)