Section 107 Compensation of the Surface Owner and Occupant Any damage done to

Section 107 compensation of the surface owner and

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regulations. Section 107. Compensation of the Surface Owner and Occupant- Any damage done to the property of the surface owners, occupant, or concessionaire thereof as a consequence of the mining operations or as a result of the construction or installation of the infrastructure mentioned in 104 above shall be properly and justly compensated.Further, mining is a public policy and the government can invoke eminent domain to exercise entry, acquisition and use of private lands. Republic vs Rosemoor Facts: Petitioner Rosemoor Mining and Development Corporation after having been granted permission to prospect for marble deposits in the mountains of Biak-na-Bato, San Miguel, Bulacan, succeeded in discovering marble deposits of high quality and in commercial quantities in Mount Mabio which forms part of the Biak-na-Bato mountain range. The petitioner then applied with the Bureau of Mines, now Mines and Geosciences Bureau, for the issuance of the corresponding license to exploit said marble deposits. License No. 33 was issued by the Bureau of Mines in favor of the herein petitioners. Shortly thereafter, Respondent Ernesto Maceda cancelled the petitioner’s license stating that their license had illegally been issued, because it violated Section 69 of PD 463; and that there was no more public interest served by the continued existence or renewal of the license. The latter reason was confirmed by the language of Proclamation No. 84. According to this law, public interest would be served by reverting the parcel of land that was excluded by Proclamation No. 2204 to the former status of that land as part of the Biak-na-Bato national park. Issue: Whether or not Presidential Proclamation No. 84 is valid. Ruling: Yes. We cannot sustain the argument that Proclamation No. 84 is a bill of attainder; that is, a legislative act which inflicts punishment without judicial trial.” Its declaration that QLP No. 33 is a patent nullity is certainly not a declaration of guilt. Neither is the cancellation of the license a punishment within the purview of the constitutional proscription against bills of attainder.
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Too, there is no merit in the argument that the proclamation is an ex post facto law. It is settled that an ex post facto law is limited in its scope only to matters criminal in nature. Proclamation 84, which merely restored the area excluded from the Biak-na-Bato national park by canceling respondents’ license, is clearly not penal in character. Also at the time President Aquino issued Proclamation No. 84 on March 9, 1987, she was still validly exercising legislative powers under the Provisional Constitution of 1986. Section 1 of Article II of Proclamation No. 3, which promulgated the Provisional Constitution, granted her legislative power until a legislature is elected and convened under a new Constitution. The grant of such power is also explicitly recognized and provided for in Section 6 of Article XVII of the 1987 Constitution.
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