Highgrading

Section 1

Any person who shall take gold-bearing ores or rocks from a mining claim or mining camp or shall remove, collect or gather gold-bearing ores or rocks in place or shall extract or remove the gold from such ores or rocks, or shall prepare and treat such ores or rocks to recover or extract the gold contents thereof, without the consent of the operator of the mining claim, shall be guilty of "highgrading" or theft of gold and shall suffer a penalty of prision-correccional in its minimum period, but if the accused is an employee or laborer of the operator of the mining claim, the penalty shall be prision-correccional in medium period without prejudice to the imposition of the higher penalties provided in Article 309 of the Revised Penal Code if the value of the goods stolen so warrants. The penalty next lower in degree than that prescribed hereinabove shall be imposed if the offense is frustrated, and the penalty two degrees lower if the offense is attempted.

Section 2

The unauthorized possession by any person within a mining claim or mining camp of gold-bearing ores or rocks or of gold extracted or removed from such ores or rocks, shall be prima facie evidence that they have been stolen from the operator of a mining claim.

Section 3

Any person who knowingly buys or acquires stolen gold-bearing ore or rocks or the gold extracted or removed therefrom shall be guilty of theft as an accessory and penalized with arresto mayor in its maximum period.

Section 4

All laws or regulations inconsistent herewith are hereby repealed or modified accordingly.

Section 5

This Decree shall take effect immediately. Done in the City of Manila, this 13th day of November, in the year of Our Lord, nineteen hundred and seventy-four.