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    21 views69 pages

    Philippine Mining Act of 1995

    Uploaded by

    Shirley Bonilla

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 69
    Chapter I¥ PHILIPPINE MINING ACT of 1995 (Republic Act No. 7942) A. Preliminary 01. Governing law. py: ; On March 3, 1995, RA No. 7942, or the “Philippine Mining Act of 1995,” was enacted, instituting a new system of mineral resources exploration, development, utilization and conservation jn, the country. 02. Evolution of pertinent mining laws. Before the cession of the Philippine Islands to the United States under the Treaty of Paris, the prevailing mining law in the colony was the Royal Decree of May, 1867, otherwise known as The Spanish Mining Law. In the advent of American occupation, the Philippines was governed by means of organic acts which were in the nature of charters serving as a Constitution of the occupied territory from 1900 to 1935. Among the principal organic acts of the Philippines was the Act of Congress of July 1, 1902, or Philippine Bill of. 1902, through which the United States Congress assumed the administration of the Philippine Islands. The Philippine Bill of 1902 contained provisions for, among the open and free exploration, occupation a” ‘al deposits and the land where they may be 120 Scanned with CamScanner possible, but not exceeding, thousand feet in breadth, in “pe 4s nearh form. Under the Philippine Bi ms a8 possible a rect, «5 80 located ds enti Il of 1902, the holder of the mauler claims so located is entitled to all the minerals wh: ere nis claim, but. he may not mine outside the boudaen yu Within claims. ‘The mine claim locator must have his clan nine’ of his mining recorder within 30 days after recorded in the the locati Fi he will be deemed to have abandoned the a thereof; otherwise, - One of the continuing requirements for the subsistence of the mining claim is performance of not less than one hundred dollars’ worth of labor or undertaking of improvements of the same value every year. This is a strict requisite, the locator’s failure to comply with which shall operate to open the claim or mine to relocation in the same manner as if no location of the same had even been made. Unequivocal is the mandatory nature of the work or labor requirement on the mine that the Philippine Bill specifically designates the time when the work or labor required to be done annually on all unpatented mineral claims, shall commence. Subsequently, among a few laws passed amending the Philip- pine Bill of 1902 was Act No. 624 passed by the United States Philippine Commission and approved on February 7, 1903. Said Act prescribed regulations to govern the location and the manner of recording mining claims and the amount of work necessary to hold possession thereof. Such regulations reinforced the annual work or labor requirement of not less than one hundred dollars’ worth as provided for in the Philippine Bill of 1902, in accordance with Section 36 thereof which limits the power of the United States Philippine Commission to make regulations but “not in conflict with the provision of this Act [i.e., the Philippine Bill of 1902], governing the location, manner of recording, and amount of work necessary to ‘old possession of a mining claim ...” On November 15, 1935, the Commonwealth Constr ‘cok effect. The 1935 Constitution declared all faatural re to be of the Philippines, including mineral lands and ried out, not reuberty belonging to the State. However, as it armsidered part ed all of the Philippines’ natural resources were a matter, thee Public domain, Those natural resources, and for which there ares gmieral lands and minerals with respect t0 WEE ti, eady Was “any existing right, grant, lease, or concess! Scanned with CamScanner OF Pi tion of the government established undo, " onsidered outside the application not unconditionally or tot: me of the inaugura Constitution,” were then fi ns jura regalia doctrine oF i ae ‘the contemplation of said doct mber 7, 1936, the First Sonal Asse d CA No. 187, otherwise known as the Mining nee eet tinction with the Philippine Bill of 1902 which Wag In contradistincuth “nited States Federal Mining Acts wha patterned ar

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