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CA 137 CHAPTER IV - Exploitation and Prospecting for Mineral Deposits

Section 24–28 · 5 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Section 24

SEC. 24. Prospectors may prospect for themselves, or for other persons, associations, corporations, or other entities, qualified to locate mining claims and to acquire leases of mineral lands under the provisions of this Act. A proper power of attorney in writing shall in each case be given by the employer to his prospector, which power of attorney shall be duly acknowledged and shall be recorded in the office of the mining recorder concerned coincident with the recording of a declaration of location. Regardless of the number of claims located by the prospector for the same principle in the same province or mining district, he shall be required to record but one power of attorney in any such province or district.

Section 25

SEC. 25. Officers and employees of the executive or any other branch of the Government whose duties are related to the administration or disposition of mineral resources shall not be allowed to prospect, locate, lease, or hold, directly or indirectly, mineral lands in the Philippines.

Section 26

SEC. 26. Prospecting may be carried on within public lands and private lands in accordance with the provisions of this Act: Provided, however, That in the case of private lands no prospecting shall be allowed except by the owner thereof during the period of one year from and after the effective date of this Act.

Section 27

SEC. 27. Before entering private lands the prospector shall first apply in writing for written permission of the private owner, claimant, or holder thereof, and in case of refusal by such private owner, claimant, or holder to grant such permission, or in case of disagreement as to the amount of compensation to be paid for such privilege of prospecting therein, the amount of such compensation shall be fixed by agreement among the prospector, the Director of the Bureau of Mines and the surface owner, and in case of their failure to unanimously agree as to the amount of compensation, all questions at issue shall be determined by the Court of First Instance of the province in which said lands are situated in an action instituted for the purpose by the prospector, or his principal: Provided, however, That the prospector, or his principal upon depositing with the court the sum considered jointly by him and the Director of the Bureau of Mines or by the court to be just compensation for the damages resulting from such prospecting, shall be permitted to enter upon and locate the said land without such written permission pending final adjudication of the amount of such compensation; and in such case the prospector, or his principal, shall have a prior right as against the world, from the date of his application. The court in its final judgment, besides determining the corresponding compensation of the damages which may be caused by the prospecting, shall make a pronouncement as to the value of the land and the reasonable rental for the occupation and utilization thereof for mining purposes in case the prospector decides to locate and exploit the minerals found therein.

Section 28

SEC. 28. No prospecting shall be allowed: (a) In a mineral reserve which has been proclaimed closed to mining locations. (b) In lands covered by patented mining claims. (c) In lands in which minerals have been discovered prior to the effective date of this Act and are claimed by the discoverer or his successors in interest. (d) In lands which have been located for mining leases by other prospectors under the provisions of this Act. (e) Near or under buildings, cemeteries, bridges, highways, waterways, railroads, reservoirs, dams, or any other public or private works. The regulations to be promulgated under this Act shall prescribe in detail the various restrictions under this section.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).