Republic Acts

Media

Part of The Lawyers Journal

Title: Republic Acts
Language: English
Year: 1952
Subject: Republic Act No. 739.; Republic Act No. 740.; Republic Act No. 743.; Republic Act No. 746.; Republic Act No. 810.
Rights
Fulltext: f Republic Act No. 7391 AN ACT TO REQUIRE THE RECO~ STITUTION OR RECONSTRUCTIO~. IN THE BUREAU OF MINES. OF LOST OR DESTROYED MINING RF.·. CORDS. AND FOR OTHER PURPO· SES. Be ii enacted by lhe Senate and House of Representatives of the Philippines in Congress assembled: Section _ 1. Any locator. le~se appJ;~ cant; penmttee, les'.see, concessionaire, asllignee, owner, or holder of mining claims or concessions the record& of which were lost or destroyed, either tot-ally or partially by reason of the lust war or the circumstances arisii:.g therefroo:i, and which have not a'S )"et ':>een reconstituted or reconstructed under an administr-atiye proceeding in the aureau of Mines, '.iihall file a -petitiQD under oath with the Director of Min~ for the reconstitution or i-econsnuction of said records within two years frotn the date of the approval oI this A~. and shall Dr~~ute the same witli rtasonable diligence in accorda.nce with the rules and regulations to be promulgated by the Secietary of A1triculture and Natural Resources: Provided, That the ria:hts of said locator, lease applicant, permittee, lessee, concessionaire. assignef", owner or holder over such mining claims or concessions are valid and existi~R: at the time said petition for recon ;titution or reconsfrudion of records is filed. Failure to file said p"etition within tht period fixed in thi'S Act, or to proiwcute -the same with due diligence, shall ra1uk in the loss of all ri1thts acquirf"d l:-y virtue of the said location, applicatic:.n~ permit, lease or concession, and the land covered bv the same shall thereupon be open to relocation or aoplication by third partier& in the same manner as if no pr.ev.ioys location, applicatieill, permit, le¥e or concession for the same la.nd had ever been piade or granted. Sec'. 2. Any locator, lease app[ican., per.e, lessee, cmcessionaire, assi~ nee, owner or holder of mininiz: claims 01 concessions who has in his nossession documents pertaiDing to his mining claim 01 concenion, shall inform the Directo,. et 'Mines within two years from the. date 0£ the approval of this Act, of the existence of such mining claim or conceSsio~1 documents he possesses. ff copies of tbe i;ame are found not existing in the 1Cords of the Bureau of Mines or of the mining recorder concerned, the Direct"r of Mjnes ~hall so inform the said locator, lea'Se applic~mt, permittee, lessee, conces672 Republic Acts sionaire, assignee, owner, Dr holder, wh:1 shall, within thirtv days from receipt of s1:ch information; file with the Direct<>r ot Mines a netition under oath for thr reconstitution of his records in the said bffices, ·accompanying hi'$ petition wit-n cutified true copies of said mining documents in his possession. Failure to mform the Director of Min~ of such dr.cuments and to file the petition wh"n required within the period fixed- in this Act and to prosecute the same with due diligence in accordance with the rules and regulations to be prorµ.ulgated bv the Secretary of Agriculture and Natu· ral Res~~rces, shall. open the area c.>-vered by· sllch minine: records to rel04;~ t1on or· application by thll:d parties in the same manner as if no location~ applic:,ation, permit, lea~. or concession had ev~ been ~ad~ or granted cOvering the same area. Sec. 3. Every petition for reconstitution or reconst111ction of lost or destroyed mining records filed in the Bureau .,f Mines in accordance with this Act, shall be accompanied with a filing fee of fiye pesos. Sec. 4 .. Decisioiis and order's of the Director of ·Mines on ases pertaining to th reconstitution or reconstruction of miniog records as provic!ed for in this Act, may be appealed to the Secretary of Agt-iculture and Natural Resources by filing with the Director of Mines a notice of such appeal within thirtv days after receipt bv the party apoealing c·f a copy of such decision or order. If n<l appeal is made wi~hin said oeriod the decision of the Director of Mines shall be.: final and binding upon the parties concerned. The decision of the Secretary of Agriculture and Natural Resource.11 may be taken to the court of competent jurisdiction as in ordinary civil · cases within ~irty days from receipt c.f such decision: Provided, That if no such action is taken within the oeliod of thirty days from receipt of such decision, the dediion o.f the Secretary of Agrici.dtufe and Natural Resources shall li~ewis.e be final and binding uoon the parties co(lcuned. Sec. 5. This Act shall take offed upon its approval. Approved, June 18, 1952. [Republic Act No. 740] AN ACT TO AMEND SECTIONS ONE. TWO. THREE. FOUR. FIVE SIX. S~> VEN. AND TEN. TO INSERT SECTION 2-A IN, AND TO REPEAL SEC· TIONS EIGHT AND NINF. _OF ACT THE LAWYERS JOURNAL Nli:MBERED TWO THOUSAND SE· VTN HUNDRED NINETEEN. OTHERWISE KNOWN AS THE COAL LAND A.CT. AS AMENDED. AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippine$ in Congress assembled: · Section 1. Sections one, two, three, foq~. five, six;, :!.even and ten of Act Numbered. Two thousand seven hundred nineteen, otherwise known as. the Coa ~ Land Act, as amended, are hereby amended so as to read as follows: .. Sec. 1. Coal-bearing lands in the PhilipPines 1hall not be disposed of in ci.ny manner except as provided in thi.; A<t. "The ownership and the right to the use of land for agricultural, industrial, commercial. residential, or for any pqrpo&e other than mining does not include the ownership of, nor the right to extrac;t or utilize, the coal which may b~ found on or under the surface. The ownership of, and the right to extract and u.tilize the coal included wi1hin all areas fN which public agricultural land patents are gran~ed are excluded and excepted from all such patents. The ownership d, and the righ~ to extract and utilize the coal included within all areas for whic::h Torrens titles are granted arC excluded a~d excepted from all Such titles. "Sec. 2. Any unreserVed and unappropriated coal-bearing land:i may b:: le-..11ed by the Sec;retary of Agriculture and Natural Re"$ources in blocks or m•cts of not less !than fifty nor more than twelve hqndred hectares each in such ma.oner as may, in the opinion of th-: Secretary of Agriculture and Natural Resources, allow the economic development aad exploitation of the coal deposit: Provided, That an applicant may be g1 anted ·a lease or lease".; on not more than six sepiJ.rate blocks or tracts of c0:al land in any one province: And provided, further, That the aggregate area of al! slich blocks or tracts shall not be more llhan twelve hundred hectares in th~ whole Philippines. The lease may be gr anted to any person twenty-one ye~rs of age or over who is a citizen of the Philippines or to any asst;ic;ation, par~ nership or corporation organized undPr the laws of the Philippines: Provided, That at least sixty per centum of th~ capital of 'Such cOrporation or association is owned and held ·at all times bv such citizens. · "Sec. 3. Leases under the pIOvisio.'1.s December 31, 1952 ol this Act lhall be inued upon publicatioa, in the manner and 'lubje,;t to the rules pracribed by the Secretary of Ag. riculture and Natural Resourceo, for a period of not more than twenty-five year•. renewable for another twentY-five year.s subject to mch. terms and condi~iont aJ may' be ·authorized by law at the tim• oi such renewal, aod oo :such leue lhall be IUligoed or 1ublet except with the c:onseot of ·the Secretary of At!riculture aad Natural ROIOlll'Oel, and in this C..e only to Persons. pUtnership'I, associations. or cotpora..tion1 having_ ~ qualifications required of I ...... : ProviJed, That failure of ao aPl'licant to prosecute hi& coal lease a~Iication with reuonable , diligence and to have .. ,the area cov~~d thereby :suneyed within one yea,r h0o1 the date said application is filed in the ~:r.:,u :/ :in~~~ be.,:'~~~~ placation. E~ lease shall contain a cl&USe by which the 1...... lhall bicd himlelf to c:ompfr with the rules and r•· . .Watioo1 iuued by the Secretary of Ail· riculture ud Natural,Resources for th• E-urpose of insuring the, exercise of rea. "'nable diligence, skill, and care in tho q.eration of said property and· for tho pJevention of undue wa·s~. together wi~'l !juch other rules and · regdlations as the Secretary may make for the· jlrorectio• cJ the interests of ihe Government and fo1 . the proniotion of the publiC ·w.lfare. I' or the privilege -Of mining, elilracting, a.od dis~oting of the coal in the limdt Co.ered by his !em, the lessee shall pay ~? the Government of the PhilipPiDei 1iirougb the C!>llector of lotemar Rever.ue, such royalties as may be "specified 111 the lease, which shall not be less than ten cenLaws per ton of one thousand aod 'tixteeo kilos, to be· due and payable upon the removal of the coal from the locality where inined and an annual ren·· tal, payable in advance on the the da:e cl the approvol of the leaoe aod oli the swne elate every year thereaher on the laocls covered bv such lease, at the rate rate of two pesos and fifty ceqtavos pef hectare or fraetion thereof· for each and every year for the .fint ten . yean. and five peao\I per hectare or fraction thereof for each and every year thereafter dur· ir.g the life of the leue: Prauided, That ouch rental for ·a•v·year ihall be ued~ed against the rpyalties. u they accrue fOJ that year as pi'ovided in this Act: An;I P1ovided, fwther, That such rental aod royalties paid during any year lh-11 be aedited again'st the specific tax proyid· ed for in section one · hundred forty.dn-ce ~tional internal revenue ~~ a. Sec. 4. Any person,· 11SSOC1atioo, partnership. or corporatiO!I. holding a lease of ~ lando under this Act may, a1. any time surrender such lea'lle or-·anv portion. theRof,. and with the approval December 81, 1962 of the Secretary· of Agriculhlre aod Natural R.sourees and thniush the .... e procei:luie and· uPoia the Woe terms and conditipns as in the cue of the fint lease 111anted under this Act, oecure and hold additional leases on such blocks or tracts •• jirovided in this Act, covering additional lands separate from or contiguous to those embraced in the original leue or leases, but in no evenf shall the total nuigber of" such lease exceed six in any one province, or the total area embraced in ~qch original and new leasea exceed in the ag!P'._q'ate twelve hUndred hectares in the whole Philippines. "Sec. S. Subject to the approval of the Secretary of Agrii:ulture aod Natural Resources, lesoee holding under ie..e. contiguous .bb:b or: areas may comoli· &ale their .•aid leues or holdinp oo a• ::'ot°':~"J ~~ hh~~ /!~ provided all 1 ... ees have at the time of ouch coOSQiidatioa complied individually • all their obligaiiona towards the Government. · "Sec. 6. Each lease shall be for such leasmg block' or' tract of ·1aod a• may be offered or applied for, DOI , ... than fiky nor more than twelve· hundred. hectare11 ol land as hereinabove pr<>Vided. "Sec. 7. Any . persons, auociation, partnership or corporation who, withO\it fir•t secwing a coal lease;· revocable pe .... mit or Jicen';ie under the provisions of ·this Act, lhall mine at>d extract coal belon•· ing to the government and dispose of lh• same for commercial purposes, ·or from an area covered by -a coal lease. permit or license of another person without hi• permiaion, shall be guilty of theft, "' qualified theft, as the cue may be, aod shall be punished, upon conviction, in accord.ance with the provisions of the re· vised penal code, besides paying compenoation for the. damage> caused thereby: ProvUled, That in the case of usociation, partnership, ·or corporation, the president· or mana•~ thereof lhall . b• , resp<>D!ible for the acts committed by such· 8'sociation, partner, or corporatio.i. "Sec. l 0. That in order to provide for the supply of local aod domeotic: needs for fuel, the Secretary of Agriculture acd Natural ·R~_,.... may, under IUCb 1ules and regulations as he may prescribe in advance, issue to any applicant qua· lilied under section two of. this Ac~ whether or not he is an applicant for, or holder of, one or more coal leases under this Act, not more than three limiied lice111e1 or commercial revocable permits granting the right to prospect for, mine, aod . dispose ol co.al belonging to th• Govtrnment on \specified separate tracu covering - an area of not to exceed four hectares each .to any one person, aaso-ciation. partner+ip, or corporation in any :rHE LAWYERS JOURNAL one or more coal field for a period of .., exceediog ten years, on such conditiolll not .incomislent with lhis Act U in his opinion will promo· e :he coal industry ldld safeguard the pubJic i:l?e:-est upoa payment of a royalty of fiky -t~ per ton for the croal mined in lieu of the specific tax on coal ... Sec. 2. Sec:tina 2-A is hereby ioaerted between sectiorrs two and three of Ad Numbered T wa Thousand -.. hundred nioeteeo, as amended, which lhall read as follciws: "Sec. 2-A. ·In case a coal leue or revocable permit application covers in whole or in part private land. the ~-.e ob.all be ac:cqmp•nied by the written authority of the owner of 1he land: Prouid- , ed, That in case of refusal of the owner of ·th.e land 10 pant such written author~ ity, the matter as well as the amount of compensation to be pa.id to the owner ol the land dtall lie fixed by •-lit between the applicant and the ourfaee owner, and in case of their failure to :rr: ~!ei:;.:t::;:a:it!he ~=:i of compensation to be paid, all quesiions . issue· 1hall be determined by the c:ourt nl first imtance of the province in which \laid land is situated in an action in•· tituted for the purpote by the applicant aod the permiuion may be granted by the .court as aeon as the applicant deposits the amount bed as compemation· for any resulting damage or fil<'s a bond to be approved by the court oulic:ieot· to insure the payment of the compenaatioa for the owner of the land. The court lhall ther.Upon determioo the c:ompeJ11a· tion for an resulting damage. for the purpooes for which the land has been· aPolied for, and thereafter grant the wrjt:n wh~th.:fl :\.U::;:::-Jbhi. i:d iocluded in a coal lease Iha!! be eotitlod !:·:h~.:!~ :n~lt:tr':t~!f ,!: his private land. Conflicts aod disput<'s ari1ing out of mal lease and/or coal revocable permit applicalion1 lhall be 1ubQlitted to the Director of Mineo for decioion: Provided. That the decision or order of the Director of Mines may be appealed to the Secretary of Agriculhlre aod Natutal Resouree• within thirty days from the date of its receipt. In case anyone of tho parties sliould disagree from the decision or order of the· Director of Mines or of the Secretary of Agricuhure 0od Natural Resources, the matter may be taken to the court of eampeteot juriodictioo within thirty day. "from the niceiot of ouch clecioioa or· order: otherwioe, •he decision of the Director pf Mines or the Secretary of Agriculture and Natural Resources as the case may be, ohall be 878 final and binding upon the parties concerned." Sec. 3. Section's eisi;ht and sine of Act Numbered Two thousand seven hundred nineteen, as amended, are hereby .re· pea.Jed. Sec. 4. All laws and regulations or parts thereof, which are inconsiste:i:t with ihe provisions qf this Act, are hereby r<•pe&led. Sec. 5. Thi. Act shall lake effect upon its approval. - · Appr<>ved, June 18, 1952. !Republic Ac! No. 743] AN ACT PROVIDING PROTECTION T0 LOCATORS. HOLDERS. LESSEES AND OPERATORS OF UNPATENTED MINING CLAIMS AND LEASES DY EXEMPTING THEM FROM THE PERFORMANCE OF ANNUAL LABOR OR ASSESSMENT WORK REQUIRED BY .EXISTING LAWS FOR TME YEARS NJNETEE.N HUND~ED .~ND FIFT\ONE TO NINETEEN HUNDRED AND , FIFTY-TWO INCLUSIVE. Be ~i t;!naded by the Senate and House of Representatives of the Pl1ilippines in, Congress assembled: Section 1._ Any provisions of E-xisting laws to the cont~ary notwithstandinp;, the ~erforro.ance of annual assessment Vr.'Grk or improvements, by locators, hold· en, or operators of unoatented minim~ claims atquired under the Act of Cong.- af Jul¥ one, nineteen hundred and twe, as amended, or mining leases Rranted under ·-tbe Mining Act, are herebv waived for a periad Qf two years- begm · 11ing January one, nineteen hundred and fifty-One to December thirty-one, ninete~n hundred and fifty-two inclusive. Sec. 2. This A.ct shall take effect upon its appr_oval. Approved, June 18, 1952. [Republic Acl No. 746] ."iN ACT.TO AMEND SECTIONS ·TWENTY·EI'GHT. FIFTY-NINE, SIXTY· ONE. SIXTY-TWO. SIXTY-FOUR. SIXTY-EIGHT. SEVENTY· THREE. AND ONE HUNDRED. OF COMMONWEALTH ACT NUMBERED ONF. HUNDRED THIRTY·SEVF.N, AS AMENDED. OTHERWISE KNOWN AS THE MINING AC1', Be it encicled by the Senate and Hou~e of Represenfafioes ef the Philippines in Congress assembled: Sedbn 1. Subsection (a) of sec~ion t.wtl\'ty;.eight of Corntnonwea·lth At:? Numbered One hundred 1hirty-seven, known a's the Mininp; Act, is hereby amended to read as follows: .. Sec. 28. No prospecting shall ·be allowed: .. (a) In a mineral reserve wlich has been proclaimed closed to mining locatit1ns, and in reservations established for ether purp~es. exce"'t by the Gover - ment." Se&. 2. Section fiftv-nine of Commor,wealth Act Numbered One hundrd thirty-seven, known as the Mining Art, is h~reby amended to read as follows; "Sec. 59. Fifty per centum of ~he fees collected by authority of the preceding 5ection shalJ ~.ccrue to the province and fifty per · centum of the same, shall accrue to the ~unicii)ality in whic.1i the mining daim is locate!I. In the case cf chartered cit-ies tht- full amount sha!I a~ue t~ the city conCerned. The c1tv or Municipality -a.nd :r>rovince shall pr<W°icie funds for the necessary personn~l. postage, 'supplies and· materials, ·and ~uipment needed by the mining recorder in the registration and safe keeping of mining documents." Sec. 3. Section sixty-one of the same Act is hereby amended to read as fo!lows: ' "Sec. 61. Conflicts and disputes ari::iing out of minin1Z locations shaJI. ·be submitted· to the Director of Mines for decision: Provided, That the deC".isidn or ordCr of the Director of Mines may be ap-.ealed to the Secretary of Agriculture and Natural Re!ources within thi1ty days f1 om the date of its receipt. In case an::; c.ne of the parties should disagree fro.m the decision or order of the Di!'ector C'f Mines or of the Secretary of A"riculture and Natural Resources, the matter mav be taken to the court of competent jur1~· diction within thirty days from the Tl!· ceipt of such ~~i~n or order; otherwise the said decision or order shall be fin11.I ' and binding u9on the parties concerned." Sec. 4. Section sixtv-two of the same Act, as a.mended, i'8 -hereby further amended to read as follows: .. Sec. 62. Any qualified person making a valid location of a miniRR claim or claime, his successors, and assign's, acquires thereby the right of exploration and occupation from the date of the regis_try of the claims in the office of the mining rE:corder; and if he applies for lea'$e ef said claim or daims and, upon investigation, it shall be found that it 1s f1ee Of daims and conflicts, or that his application apoears to be prima facic well founded, subject to the rules and resrulations that the Secretary of Agriculture and Natural Resour~es mi,_1· THE LAWYli:RS JOURNAL p1...,ibe, Ill! shall be enti!led, before "1e lease is granted as provid_ed. in . rhis Act, to a temporary per!lit, to be issued by · the S~retary of AaricuJture and Ne.·· tural Resources within forty-five daysfrom the. elate apJJlication for si.ich "*' Il'it, accom)Janied .bY the necessary techr.;;cal de.scr1ption and survey · olan of the mining claim or claims. is filed, to mine. extra4;1 and dispose of minerals from_ said_ claim or claims ~r cOmmercial purposH .. subject, h!)wever, to the payment of rO~ ~al~ies p~vided in_ the. N atioDal Internal Revenue CoQe, as amended, for, claims covered ~Y lease: Prov_iJed, howaier. That the holcfen of mining claims lo~ cated under. the Act of Congress of July one, nine~a hundred and two, - a.it amended, who may . .ilpply for a lease or l~ases .thqeon under the provisions of !C:ic~ boa sixty~eight of this Act, as amended, su~ject to the rule! ~nd re.1ulations ihat the Secretary of Agriculture a"nd Natural Resource:s may pre.>cribe, may extr•ct minerals therefrom -for commercial PUrp~es withOut such -ter:DporarV permit until such time as the leases· applied for are granted subject, however, to the payment of rovalties pro.vided for in the Ni'· tional Internal Revenue Code, a'S amended, for claims covered bv leases and l'> th~ condition that the mining claim- or claims to be develooed or explPited sh.ill first be properly surv.eyed: Provided, firially, That !he Secretary of Agricqltur"e and Natui::al Resources may at anr time cancel for violaton of laws and .egulations and 4'.fter due hearin"s the temr;iofary permit granted ~nder the prov111.ion of this Act, an~ in the cate of unoa_tented mining claims located under the AC:t of Congr~ss of July one, ninetee'l hundred and two, as amended, stop the extraction of minerals therefrom for co~ mcrcial purposes, without any respontj• bility on the part of the Government a'!o to eXpenditure& for development. worb ur explOit&iion purposeS that might have been incurred bv the apolicants, pend: log die determlDa'tion of- t,heir appliCat1ons for lease." Sec. S.. Section sixty-four of the same 1\ct is hereby amended to read as follows: "'Sec. 64. 'The Director of Mines may dengnate compet.ent mineral or depu1y mineral la·nd eurveyors to survev mininr\ claims for- any necessary purpese under the orovisions of this Act. He is at.lo hereby empO\yefed to fix the bonds cf duly qualified deputy mineral land -surveyors and to issue the necessary rettelations governing the execution and v~ rification of 'sUrveys. of mineral lands in the Philippines. All applicatiblls for ~ ficial surveys of mining ·daims shaft be filed with the Director of Mines before or upon the filing of the lease applicl\ .. December 31. 11152 uon. and the necenary survey of the mininp: ~)aim 9r claims 'shall be made with. in a. reasonable time thereafter .. and the ···~ense'S· ot· sUch Sur\reys shall be pair) : by the applicantJ:. TFiey shall be ar llberty ·tc,. empl9V ally- such deputy mineraf ~ur veyor : to ma~~ the ~utvey at the. mot.t : reil9Ullable rate ... Sec. 6. Section sixty-eight of the same· Act. . as amended, is hereby furtht" ·a~_ehded to r.e~d' as 'fQllOws: .. Sec~ 68. Applicad:o:n f.or a· lease cm a. mining~ ~laim. shall be filc!d within four ,y<:aN &om' rm !late al die recording of the· claim-.in tire office of rhe milfidt -.e'corder. Failu.~~ t'O file .. sueh. application within . the· oeri"od ahove:-m·entioned shall I::~ :!ieemed an absndonment of the mining. claim. an·d the land embr.aced• with. fo· .'rllch. cl~im shall th:erieupon be op:eft. ta . reloeation: in' the': sa1ne manner as if nl) leication· .of the same had ever: beea made-: .. Pro~ideJ ... That the criginal: lbcator,. his . heirs. or his-. assigns, wh°' has: or haTtCthU5- iailed to- file- a lease application: on· the· claim ':shall Dot be' entitled.1 to relocate. .. directly or indir..,.ly, tire land emmaeed within such claim. or anY part thereof." Sec. T. SecriOll ,.,......three· of th~ ome~ Act. i5 Jtereb.V' aarended · to read as 1r.uuw., "See. 7-.l At Bnv time. during the period of application,. any adver.se da~ may· he filed undei oath with the Director of 'Mines, and· sliall. state in full detail the nature, boundari!!S. ari.cl extent of the adverse claim;, and: shall be aoccmPanied by all plans •. documents,. and agre:~ments upon· which such adverse claim is based.: Prooided, hoUJelJt!r, That no adverse claim from any person, association, partnership or corporation, who~ p1otest filed under section si»t.y·one of. tlils Act has alread\r been . finallv decid: ed' by the· Director 9f. Mine-s and/or th~ Stcretary of Agriculture and' Natura.I" ·Resources, 11hall b~ ,enterrained. Upon the fili"ng of any adVerse· claim aU proceedings except the publication of notice of application for lease and· the making and' filing of the- affida.vit in· corrnectil'kl' tl:erewith. as herein prescribed, shall b~ stiay-ed: until: the- c:ontto.'Versy shail. ha.ve ·&aim: settled °' decidied by a court. >f cmdl>etBlr jm:i.;diction, or ·the adverse claim· waived;. b shall be~ the duty of the ·&civme- claimant",. within thirty days af• rer ·Jiling his claim; to commence proceedi11g1- in- a coarr of CODlpetent. jurisdiction· t"o dete)11line the controversy and to prosecute the same wi:h reasonabJ.clilig.cnce t<>' final jud .ment, and a failure to do so · shalr be con:;idered as a waiver of his adVase claim. After sue~ j._dgment' shaU' have I:reen rendered, thieParl:Y whose right to a ledse on the Ilfininl' claim in controversy, or-· any DO!· tion thereof, shall have been· establisht:f tlierel>y. may, without giving further no'""'·· file a certified copy of th« iu'di!ntent· with the Director of Minic'.;, and· die description Te"Q'-!ired irr such cases. regerher: with die proper: fees, whereup::ia a IE:aw may ferthitl} be- grartted ther;:.011 on· such miei11g daim or on such oort1on theteof a·J the applicaltt m4y !Je entitled to under the decision of die court. lf the· d~cision·· of the court· is that !tev:. - tal• parties! are e~titled· fo' leases up?n a:epa'l'afe and· different' p:onioris of the n1ini11g claim·, the subject matter of the application, and sudt parties· have there· tnfore appliell th6refor, 1eas .. may forthwith· be ~ed tG· l'lti said seviral parti<=s· 11CCOrdin,: ti> their·· resp~tive 1ights asd"eremiin~d. by the" ·decision. If in any ac· tion broughl' p .... nt to this section. a right to a lea~· upon any of the claim in controversy sh~.IJ, not be esta:Llishtd by any of t_he partie's, the cowt shall· so 6nd an4' judKment shalf be entered acedrdinKIY. Jin such case tli""e derf of the court rcndei:ing jJJdlment ~hall file a certifi~d copy of the· igc;J1'Dl.ent with the Direcbr ot Mines,. where.upon the oroceedings: under tho lease application shall he di•· misse~ and the application denied.." Sec. 8. Section one hundred. of the same Act i's hereby amended to read as follbws: - "Sec. JOO. Any oerson who, without c1. mi_nes temporary permit or mining lea:se shaU extract minerals and dispose of the s~·.me for commercial purpow, belonRiDI{ to the Government 9r from a mininlil[. clilim or claims leased, held or owne-1 by other persons· without the permission of the· lawful lesses, holder or own'el' thereof. or shall steal oru-or the µrodi.lctt· rl-ereof from mines or mills-. 'shall. up•>'I· ccnviction, be imprisoned from, S:iX month" to six years or pay a fine of from one thousan·d pesos to twelve thousand pe· se's, or both, in the discretion of the cour:. IK.sides paying compeniation for the damage caused. ther~J?y: Pr.ovided, Tha~ in the case' of association, partnership, or THE ST AR OF BET LEH EM Republic: Ac:ts corporation. the president or manaRer thereof shall J>e respon'~~le for the acts COlhmitted tty· mch ~tion, parflidrship or corporation." Sec. 9. This Act sh.a.II rak.e effe~t upon ils · al1J)roval. Approved, J~ne 18, 1951. [Republic Act No. 8'10] AN ACT' AUTHORlZ1NG TlfE GUERRILLA AMNE!;TY COMMISSION TO HEAR A~ES-TY APPUCATIONS IN" CERTAIN CASES EVEN IF THE SAME HAVE ALREADY B'.!EN DF.· C!DED BY SUPERIOR COURTS. Be it enacted by the Senate- e111d Heuse. of Representatives oj tire PhiliPtJin<?s in _Congress assemb:!ed: · Secrion f. Any law or decision to dte contrary notwithstandinsr. the decision of any superior eourt in a. criminal ca'-! .. finging. the acts- of the- accused for whieh he has been• prOsecuted·. as not falling under Amnesry Prodamatio01 Numher eight, dated. September seven~ nineteen hundsed and· forty-six, shall nor. bar him from raisin51 or reopenimr d:te 1ftue d amnestv in· connettion with the said· aets· before the prooer Guen:iUar Amnesty Commission: ProoideJ~. however, That tte accusedr has not oreviouslv applie-i for amnesty in connection with the aid a:cts to any Guerrilla Amnesty . Commission or that' he has not pleacl'ed amnesty as a defen".tt at the trial of the said criminal case in any inferior court. Sec. 2. The prooe·~ Gi'.Jerrilla Amnes, .. ty Commission. referred to in the precedii;g section· shall~ upon ·petition of th~ accused, receive ·such evidence or fu:-ther evidence· as he-·may su.bmit in· sunport" of liis aoplication. Sec. 3. Th~ decision. of the Guerrilll\ Amnesty Comlnission denying the accused the right' of amnesty shall be aO· pealable by certiorari io the SupremeCourt. Sec. +. An a-pplication· for amnt".;ty may be-.filed either by the· l)e}'$0n· responsible- for the acts· fot which. he invokes· amnesty or by his representatin!'. S<c. 5 This Act sh11ll take .!feet upon its· approval. Enacted without. Executive approval~ June 22, 1952. As was said In the Book. whe·n the Star did shlile In Bethelem flocks, and the Wise Men from the East to where He lu". on that early morn, It was to apprise the world that the Savio:- was On this day and age. may that Star Indeed shine upon our hearts born in a lowly manger, and to guide the shepherds tending their v:lth deep h1.;m1Uty. love and kindness tor our tellO"W"men:-L. D. R. DElti!mber 31',-1952' T,HE LAWYERS JOURNAL 675