MINING OFFENSES

1. False Statements
a. Elements:
i. Knowingly presents or causes to be presented any false application, declaration, or
evidence to the Government or
ii. Publishes, or causes to be published any prospectus or other information containing
any false statement relating to mines, mining operations or mineral agreements,
FTAA and permits
b. Penalty: Fine not exceeding P10,000

2. Illegal Exploration (Sec. 102)

a. Elements:
i. Person undertakes exploration work
ii. Without the necessary EP
b. Penalty: Fine not exceeding P50,000

3. Theft of Minerals (Sec. 103)

a. Elements:
i. Accused extracted, removed and/or disposed of minerals
ii. Minerals belong to the government or have been taken from a mining claim or claims
leased, held, or owned by other persons
iii. Accused did not possess a mining lease, permit, license
b. Penalty:
i. Imprisonment from 6 months to 6 years or
ii. Fine from P10,000 to 20,000, or
iii. Both
iv. Damages and compensation for the minerals removed, extracted, and disposed
c. Liability of President & Directors for associations, partnerships, or corporations
d. Includes
i. Extraction and disposition without a document, permit, or authority
ii. Extraction within a permitted area but not permit holder nor duly authorized by the
permit holder
iii. Extraction of a permit holder but outside his permit area

4. Destruction of Mining Structures

a. Elements:
i. Willfully destroys or damages structures
ii. In or on the mining area or
iii. On the mill sites
b. Penalty:
i. Imprisonment not to exceed 5 years
ii. Pay damages

5. Mines Arson
a. Elements:
i. Willfully sets fire
ii. To any mineral stockpile, mine or workings, fittings or a mine
b. Penalty
 i. RPC penalty
ii. Pay damages

6. Willful Damage to a Mine

a. Elements:
i. Willfully damages a mine
ii. Unlawfully causes water to run into a mine
iii. Obstructs any shaft or passage to a mine
iv. Renders useless, damages, or destroys any machine, appliance, apparatus, rope,
chain, tackle, or any other things used in a mine
b. Penalty:
i. Imprisonment not exceeding 5 years
ii. Pay Damages

7. Illegal Obstruction to Permittees or Contractors

a. Elements:
i. Prevents or obstructs the holder of any permit, agreement, or lease
ii. From undertaking his mining operations
iii. Without justifiable cause
b. Penalty:
i. Fine not exceeding P5,000 or
ii. Imprisonment not exceeding 1 year, or
iii. both

8. Violation of the Terms and Conditions of the Environmental Compliance Certificate

a. Elements:
i. Willfully violates or grossly neglects
ii. To abide by the terms and conditions of the ECC issued to said person
iii. Causing environmental damage through pollution
b. Penalty
i. Imprisonment of 6 months to 6 years or
ii. Fine of P50,000 to 200,000 or
iii. Both

9. Illegal Obstruction to Government Officials

a. Elements:
i. Illegally prevents or obstructs the Secretary, the Director or any of their
representatives
ii. In the performance of their duties under the Law and IRR
b. Penalty
i. Fine not exceeding P5,000
ii. Imprisonment not exceeding 1 year
iii. Both

10. Transport of minerals, mineral products, by-products w/o documents, permits or authority
a. Expired or recycled delivery receipt, ore transport permit, mineral ore export permit
b. Exception: not exceeding 2 MT for assay test- requires certification from RD
c. Penalty
i. Fine not exceeding P5,000 - payment made directly to MGB RO concerned
d. Subject to other penalties

11. Engage in trading, either locally or internationally, unless registered with DTI and accredited by the
Department
a. Penalty
i. Fine not exceeding P5,000
 b. Subject to other penalties

12. Other Violations

a. Any other violation of this Act and IRR
b. Fine: not exceeding P5,000