Reconstitution or Reconstruction of Lost or Destroyed Mining Records

June 18, 1952

REPUBLIC ACT NO. 739

AN ACT TO REQUIRE THE RECONSTITUTION OR RECONSTRUCTION, IN THE BUREAU OF MINES, OF LOST OR DESTROYED MINING RECORDS, AND FOR OTHER PURPOSES

SECTION 1. Any locator, lease applicant, permittee, lessee, concessionaire, assignee, owner, or holder of mining claims or concessions the records of which were lost or destroyed, either totally or partially by reason of the last war or the circumstances arising therefrom, and which have not as yet been reconstituted or reconstructed under an administrative proceeding in the Bureau of Mines, shall file a petition under oath with the Director of Mines for the reconstitution or reconstruction of said records within two years from the date of the approval of this Act, and shall prosecute the same with reasonable diligence in accordance with the rules and regulations to be promulgated by the Secretary of Agriculture and Natural Resources: Provided, That the rights of said locator, lease applicant, permittee, lessee, concessionaire, assignee, owner or holder over such mining claims or concessions are valid and existing at the time said petition for reconstitution or reconstruction of records is filed. Failure to file said petition within the period fixed in this Act, or to prosecute the same with due diligence, shall result in the loss of all rights acquired by virtue of the said location, application, permit, lease or concession, and the land covered by the same shall thereupon be open to relocation or application by third parties in the same manner as if no previous location, application, permit, lease or concession for the same land had ever been made or granted. cd

SECTION 2. Any locator, lease applicant, permittee, lessee, concessionaire, assignee, owner or holder of mining claims or concessions who has in his possession documents pertaining to his mining claim or concession, shall inform the Director of Mines within two years from the date of the approval of this Act, of the existence of such mining claim or concession documents he possesses. If copies of the same are found not existing in the records of the Bureau of Mines or of the mining recorder concerned, the Director of Mines shall so inform the said locator, lease applicant, permittee, lessee, concessionaire, assignee, owner, or holder, who shall, within thirty days from receipt of such information, file with the Director of Mines a petition under oath for the reconstitution of his records in the said offices, accompanying his petition with certified true copies of said mining documents in his possession. Failure to inform the Director of Mines of such documents and to file the petition when required within the period fixed in this Act and to prosecute the same with due diligence in accordance with the rules and regulations to be promulgated by the Secretary of Agriculture and Natural Resources, shall open the area covered by such mining records to relocation or application by third parties in the same manner as if no location, application, permit, lease or concession had ever been made or granted covering the same area.

SECTION 3. Every petition for reconstitution or reconstruction of lost or destroyed mining records filed in the Bureau of Mines in accordance with this Act, shall be accompanied with a filing fee of five pesos. casia

SECTION 4. Decisions and orders of the Director of Mines on cases pertaining to the reconstitution or reconstruction of mining records as provided for in this Act, may be appealed to the Secretary of Agriculture and Natural Resources by filing with the Director of Mines a notice of such appeal within thirty days after receipt by the party appealing of a copy of such decision or order. If no appeal is made within said period the decision of the Director of Mines shall be final and binding upon the parties concerned. The decision of the Secretary of Agriculture and Natural Resources may be taken to the court of competent jurisdiction as in ordinary civil cases within thirty days from receipt of such decision: Provided, That if no such action is taken within the period of thirty days from receipt of such decision, the decision of the Secretary of Agriculture and Natural Resources shall likewise be final and binding upon the parties concerned.

SECTION 5. This Act shall take effect upon its approval.

Approved: June 18, 1952

Published in the Official Gazette, Vol. 48, No. 7 in July 1952