[ Act No. 1947, May 20, 1909 ]
AN ACT TO RATIFY, AND CONFIRM CERTAIN MINING CONCESSIONS GRANTED UNDER ROYAL DECREES OF THE KINGDOM OF SPAIN, TO AMEND THE TERMS AND CONDITIONS OF SAID CONCESSIONS, AND TO PROVIDE FOR THEIR REGISTRATION.
By authority of the United States, be it enacted by the Philippine Legislature, that:
Section 1. The royal concessions granted by the Kingdom of Spain and hereinafter enumerated, which were issued and perfected under and by virtue of the royal decree of May fourteenth, eighteen hundred and sixty-seven, and by the royal decrees supplementary thereto and amendatory thereof, in favor of the persons herein-after named, prior to the transfer of the sovereignty of Spain in these Islands to the United States of America, are hereby ratified and confirmed with regard to the grantees therein named, their successors and assigns, ad perpetution as herein set forth: Concession of the mine denominated "Nueva California Primera," on January eighth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas comprising four claims of sixty thousand square meters each, situate at Paracale, Province of Ambos Camarincs; concession of the mine denominated "Nueva California Segunda," of January twenty-ninth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas, comprising four claims of sixty thousand square meters each, situate at Paracale, Province of Ainbos Camarines: concession of the mine denominated "Nueva California Tercera," of January fifteenth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas, comprising four claims of sixty thousand square meters each, situate at paracale, Province of Ambos Camarines; concession of the mine denominated "Nueva California Cuarta," of January fifteenth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas, comprising four claims of sixty thousand square meters each, situate at Paracale, Province of California Ambos Camarines; concession of the mine denominated "Nueva California Quinta," of January twenty-ninth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas, comprising four claims of sixty-thousand square meters each, situate at Paracale, Province of Ambus Cainarines: concession of the mine denominated "Germania," of January eighth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas, comprising four claims of sixty thousand square meters each, situate at Paracale, Province of Ambos Camarines: concession of the gold mine denominated "Magallanes," of January eighth, eighteen hundred and ninety-seven, in favor of Martin Buck and Joaquin Casanovas, comprising twenty-four claims of sixty thousand square meters each, situate at Paraeale. Province of Ambos Camarines;concession of the coal mine denominated "Magallanes," of March thirteenth, eighteen hundred and eighty-eight, in favor of the association "Nuevo Langreo," comprising two claims of one hundred and fifty thousand square meters each, situate at Danao, Province of Cebu: concession of the mine denominated "Nuevo Langreo," of March thirteenth, eighteen hundred and eighty-eight, in favor of the association "Nuevo Langreo," comprising two claims of one hundred and fifty thousand square meters each, situate at Danao, Province of Cebu; concession of the mine denominated "Cebuana," of March thirteenth, eighteen hundred and eighty-eight, in favor of the association "Nuevo Langreo," comprising two claims of one hundred and fifty thousand square meters each, situate at Danao, Province of Cebu : concession of the mine denominated "Portiella," of March thirteenth, eighteen hundred and eighty-eight, in favor of the asocial ion "Nuevo Langreo," comprising two claims of one hundred and fifty thousand square meters each, situate at Danao, Province of Cebu: concession of the mine denominated "La Mestiza." of March thirteenth, eighteen hundred and eighty-eight, in favor uf the association "Nuevo Langreo," comprising a claim of one hundred and fifty thousand square meters, situate at Danao. Province of Cebu: concession of the mine denominated "Angeles," of May sixteenth, eighteen hundred and ninety-one, in favor of liainon Montanes. comprising twelve claims of one hundred and fifty thousand square meters each," situate at Danao, Province of Cebu: concession of the mine denominated "San Julian," of May sixteenth, eighteen hundred and ninety-one, in favor of the association "Nuevo Langreo." comprising eight claims of one hundred and fifty thousand square meters each, situate at Danao, Province of Cebu: concession of the mine denominated "San Enrique," of eighteen hundred and ninety-four, in favor of Ramon Montanes, comprising four hundred and fifty thousand square meters each, situate at Danao, Province of Cebu; concession of the mine denominated "Rafael Reyes," of October eleventh, eighteen hundred and ninety-five, in favor of Ramon Montanes. comprising two claims of one hundred and fifty thousand square meters each, situate at Danao. Province of Cebu: concession of the mine denominated "'Cariota,'' of June sixth, eighteen hundred and ninety-six, in favor of the association "Nuevo Langreo," comprising a claim of one hundred and fifty thousand square meter, situate at Danao. Province of Cebu: concession of the mine denominated "Angeles,'' of March twenty-third, eighteen hundred and ninety-eight, in favor of Ramon Montanes, comprising eight claims of one hundred and fifty thousands square meters each, situate at Danao, Province of Cebu: concession of the mine denom insted "Sodupe," of December sixth, eighteen hundred and ninety-five, in favor of Jacinto Gil Gorrono, comprising two claims of one hundred and fifty thousand square meters each, situate at Bacon, Province of Sorsogon : concession of the mine denominated "Bilbao," of December sixth, eighteen hundred and ninety-five, in favor of Jacinto Gil Gorrono comprising four claims of one hundred and fifty thousand square meters each, situate at Bacon, Province of Sorsogon; concession of the mine denominated "Lucas y Josefa," of December sixth, eighteen hundred and ninety-five, in favor of Jacinto Gil Gorrono, comprising a claim of one hundred and fifty thousand square meters, situate at Bacon, Province of Sorsogon; concession of the mine denominated "Chifladura," of December sixth, eighteen hundred and ninety-five, in favor of Jacinto Gil Gorrono comprising a claim of one hundred and fifty thousand square meters, situate at Bacon, Province of Sorsogon; concession of the mine denominated "Presentation," of December sixth, eighteen hundred and ninety-five, in favor of Jacinto Gil Gorrofio, comprising two claims of one hundred and fifty thousand square meters each, situate at Bacon, Province of Sorsogon; concession of the mine denominated "Olaveaga," of December sixth, eighteen hundred and ninety-five, in favor of Jacinto Gil Gorrono, comprising two claims of one hundred and fifty thousand square meters each, situate at Bacon, Province of Sorsogon; concession of the mine denominated "'Maria y Leopolda,"' of March ninth, eighteen hundred and ninety-seven, in favor of Jose Cortes y Dominguez, comprising two claims of sixty thousand square meters each, situate at Placer, Province of Surigao; concession of the mine denominated "Mundaca," of March ninth, eighteen hundred and ninety-seven, in favor of Jose Cortes y Dominguez, comprising two claims of sixty thousand square meters each, situate at Placer, Province of Surigao; concession of the mine denominated "Andres y Agustina," of March ninth, eighteen hundred and ninety-seven, in favor of Jose Cortes y Dominguez, comprising a claim of sixty thousand square meters, situate at Placer, Province of Surigao; concession of the mine denominated "Vizcaya," of March ninth, eighteen hundred and ninety-seven, in favor of Jose Cortes y Dominguez, comprising two claims of sixty thousand square meters each, situate at Placer, Province of Surigao; concession of the mine denominated "Castilla," of March ninth, eighteen hundred and ninety-seven, in favor of Jose Cortes y Dominguez, comprising two claims of sixty thousand square meters each, situate at Placer, Province of Surigao.
Section 2. From the date of the passage of this Act, the aforesaid mining concessions enumerated in section one of this Act shall be held, possessed, and enjoyed by the grantees, their successors and assigns, subject only to the terms and conditions expressly prescribed therefor by the provisions of the aforesaid royal decree of May fourteenth, eighteen hundred and sixty-seven, which have not expired or become unreasonable or impossible to comply with: Provided, however, That in view of the modifications brought about by the change of sovereignty the said terms and conditions shall hereafter be valid and binding for the grantees of the aforesaid mining concessions, their successors and assigns, to the extent and under the terms hereinafter set forth, to wit:
1. That the mine shall be worked in accordance with mining rules, and the grantees and their laborers shall submit to the police regulations established by the regulations in force or as may.be established by the Government of the Philippine Islands or that of its political subdivisions from time to time.
2. That the grantee shall lie liable for all damages resulting to others from his mining work.
3. That the grantee shall likewise make good any damage to his neighbors resulting from the accumulation of water caused by his operations whenever he fails to draw off such water within the time til at he shall be formally requested to do so.
4, That he shall contribute to the work of draining the mines contiguous to his own and to the construction of draining levels or passage galleries, in proportion to the benefits received, whenever, by authority of the Governor-General, such works are undertaken for a group of claims or for the entire mining region where the mine is situate.
5. That the development of each mine or group of mines and the active work connected therewith shall be guaranteed by. such annual output from the same, or by such an annual expenditure for improvements thereon, as the Governor-General may determine, upon the registration of said mine or group of mines, having regard to the nature and condition of the same and to other circumstances connected therewith.
6. That the grantee shall reenforce the walls of the mine within such time as may be set, whenever they are in danger of being mined on account of structural defects, provided he is not prevented from so doing by circumstances beyond his control.
7. That the grantee shall not make a subsequent working of the nine difficult or impossible by covetous exploitation.
8. That the grantee shall not suspend the working of the mine with intent, to abandon it without previously communicating his intention to the Governor-General, and in such case he shall leave the mine in a good condition as regards reenforcement.
9. That be shall pay on the mine and on its output the taxes established by the royal decree of May" fourteenth, eighteen hundred and sixty-seven.
10. Thai the grantee shall fulfill all other provisions contained in said royal decree of May fourteenth, eighteen hundred and sixty-seven, and regulations thereunder, except in so far as the provisions thereof have become unreasonable or impossible of performance by reason of existing legislation.
Section 3. Any person or persons claiming to be the owner of any of the mining concessions ratified and confirmed by this Act, or of any interest therein, shall, within two years time from the passage of this Act, apply to the Court of Land Registration for the registration of the title thereto, and said court shall have exclusive, jurisdiction to hear and decide said applications, in the same manner as in the case of applications for the registration of title to real estate.
Section 4. If the Court of Land Registration, after the examination, shall find Hint the applicant has a title as set forth in his application, it shall issue an order of confirmation and registration, which shall have the same force, effect and consequences, and shall be registered and made of record in the same manner as in the ca?e of rights of continuation and registration of title to real estate.
Section 5.1aшphi1 While an application for the registration of title to the mining concessions mentioned in this Act is pending examination and decision, and prior to Hie issuance of the order relative to the said the Governor-General shall certify to the Court of Land Registration the manner and terms in which the future development and working of the mining property covered by the application is to be guaranteed, and the said terms shall be included in Hie right and form a part thereof: Provided, however, That the said guarantee shall, in all cases, consist, either of an obligation to produce annually a given minimum output of the mine, or in an obligation to invest annually a given sum of money in the development and improvement of the mine.
Section 6. The procedure, examination, and decision of all the applications for the registration of titles to the mining concessions mentioned in this Act shall be governed by the regulations established by the Court of Land Registration under Act Numbered four hundred and ninety-six of the Philippine Commission and its amendments, except where it is impossible to apply the said Acts to such applications.
Section 7. This Act shall take effect on its passage.
Enacted, May 20, 1909.
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