Section 92
SEC. 92. When the owner or occupant of any mine or mining claim desires to work the same, and it is necessary, in order to enable him to do so successfully and conveniently, that he have a right of way for any of the purposes mentioned in the foregoing sections, if such right of way cannot be acquired by agreement with the owner, occupant, or claimant of mining claims or other lands, over, under, through, across, or upon which he seeks to acquire such right of way the applicant may commence and maintain an action in the manner provided in sections two hundred and forty-one to two hundred and fifty-three, inclusive, of Act Numbered One hundred and ninety, and in the Acts amendatory and supplementary to the said sections, now or hereafter in effect, including Act Numbered Twenty-two hundred and forty-nine providing for the exercise of the power of eminent domain by the Government and its subdivisions. At least one of the commissioners to be named in accordance with section two hundred and forty-three of the Code of Civil Procedure shall, in any case brought hereunder, be a mining engineer, duly qualified as such under the laws of the Government of the Philippines, and such mining engineer or engineers need not be land holders or owners of the province where the land is situated.