July 22, 1994
DAR OPINION NO. 47-94
Mr. Dwight S. Dulnoan
President
Orophilippine Ventures Inc.
c/o Carag, Caballes & Somera
Law Office
2nd Floor, The Plaza Royale
120 Alfaro Street, Salcedo Village
Makati, Metro Manila
Dear Mr. Dulnoan:
This has reference to your letter dated 14 June 1994 addressed to DAR Region II Director Adelberto B. Baniqued thru the DAR Central Office expressing you desire to secure mineral rights over a portion of the Nueva Vizcaya Quirino Resettlement Reservation (NVQRR). To pursue said project, you need to secure a Prospecting Permit that will enable you to undertake geological, geophysical, geochemical and mineralogical exploration on the surface. You are of the belief that since under Proclamation No. 1498 dated 11 September 1975 the DAR has primary jurisdiction over the NVQRR, it likewise has the authority to issue said Prospecting Permit.
A perusal of Proclamation No. 1498 reveals that the intent of the issuance thereof is to reserve parcels of land of the public domain situated in the municipalities of Dupax Province of Nueva Viscaya and Madella in the Province of Quirino for the resettlement of the occupants of the Ambuklao-Biñga Watershed Area. To carry out said intent, the DAR is mandated to administer and dispose the lots in the NYQRR pursuant to RA 3844 or the Code of Agrarian Reforms. Nowhere in said Proclamation is DAR given the authority to issue a Prospecting Permit over the area. Such being the case, DAR cannot issue the Prospecting Permit requested by you.
Moreover, please be informed that Section 28(a) of Commonwealth Act No. 137 (The Mining Act) provides the following:
"SEC. 28. No prospecting shall be allowed:
a) In a mineral reserve which has been proclaimed closed to mining locations, and in reservations established for other purposes, except by the government." (emphasis supplied)
Since the NVQRR has been specifically reserved for resettlement, it is believed that no prospecting activity can be undertaken thereon except by the Philippine Government.
We hope to have clarified matter for you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office