MALACAANG Manila PRESIDENTIAL DECREE No. 581 November 13, 1974 PRESCRIBING A EA!

IER MINIM"M PENALT# $%R IG GRADING %R T E$T %$ G%LD $R%M A MINING CLAIM %R MINING CAMP WHEREAS, "highgrading" or the theft of gold has become rampant in the mining areas where gold is produced because of the high price that this precious metal now commands in the free market; WHEREAS, gold mining is one of the industries that the o!ernment encourages because of the role that gold pla"s in our econom" not onl" as an important part of our international reser!es, but also as one of our principal sources of foreign e#change; WHEREAS, the e#isting laws has pro!ed inade$uate in curbing highgrading because of the difficult" in apprehending highgraders and also because of the light penalties usuall" imposed on the accused due to the relati!el" low !alue which the %ourts gi!e to stolen gold&bearing ores or rocks; WHEREAS, "highgrading" causes damage not onl" to the operator of the mining claims, but also to the o!ernment which losses the foreign e#change and the ta#es the stolen gold could ha!e generated and, worse, it promotes black&marketing and smuggling abroad of this precious metal; and WHEREAS, one of the principal aims of our 'ew Societ" is to stamp out all forms of lawlessness to promote the social and economic well&being of our people; '(W, )HERE*(RE, +, *ER,+'A', E- MAR%(S, .resident of the .hilippines, b" !irtue of the powers !ested in me b" the %onstitution, do hereb" order and decree that/ Se&'(o) 1. An" person who shall take gold&bearing ores or rocks from a mining claim or mining camp or shall remo!e, collect or gather gold&bearing ores or rocks in place or shall e#tract or remo!e the gold from such ores or rocks, or shall prepare and treat such ores or rocks to reco!er or e#tract the gold contents thereof, without the consent of the operator of the mining claim, shall be guilt" of "highgrading" or theft of gold and shall suffer a penalt" of prision&correccional in its minimum period, but if the accused is an emplo"ee or laborer of the operator of the mining claim, the penalt" shall be prision&correccional in medium period without pre0udice to the imposition of the higher penalties pro!ided in Article 123 of the Re!ised .enal %ode if the !alue of the goods stolen so warrants- )he penalt" ne#t lower in degree than that prescribed hereinabo!e shall be imposed if the offense is frustrated, and the penalt" two degrees lower if the offense is attempted-

Se&'(o) *. )he unauthori4ed possession b" an" person within a mining claim or mining camp of gold&bearing ores or rocks or of gold e#tracted or remo!ed from such ores or rocks, shall be prima facie e!idence that the" ha!e been stolen from the operator of a mining claimSe&'(o) 3. An" person who knowingl" bu"s or ac$uires stolen gold&bearing ore or rocks or the gold e#tracted or remo!ed therefrom shall be guilt" of theft as an accessor" and penali4ed with arresto ma"or in its ma#imum periodSe&'(o) 4. All laws or regulations inconsistent herewith are hereb" repealed or modified accordingl"Se&'(o) 5. )his ,ecree shall take effect immediatel",one in the %it" of Manila, this 51th da" of 'o!ember, in the "ear of (ur 6ord, nineteen hundred and se!ent"&four-