October 9, 2000

DAR OPINION NO. 26-00

MEMORANDUM

FOR             :     Dir. Ricardo San Andres
                                  Head, CLUPPI-2 Secretariat

SUBJECT    :     Request for Legal Opinion on Mineral Reclassification of Lands

This has reference to your request for opinion as to the status or nature of the land, subject of an application for exemption filed in your Office, which was previously issued a mining permit (mining lease contract) but had already expired on 09 June 1994 and "has been considered abandoned as early as May 17, 1976", per letter of Director Salvador Martin of Mines and Geosciences Bureau (MGB) — Region IV dated 24 April 1999.

However; in response to your query regarding the classification status of the land if the mining permit has already expired, and, whether or not subject land is considered or reclassified already as "agricultural", Director Edwin G. Domingo, OIC-Assistant Director of MGB-DENR, emphasized that a positive act of the government is needed to revert it to its previous classification or convert it into agricultural (Republic vs. Animas, 56 SCRA 499).

Thus, your request for legal opinion.

As earlier declared in the Memorandum of MGB-DENR dated 26 October 1999, the three (3) elements in the consideration of a Mineral Land are as follows: 1) the presence of Mineral Resources; 2) the conduct of mining operations, i.e., exploration/development/extraction activities; and 3) a valid and subsisting mining permit/contract. Since the mining permit/contract has already expired, we may therefore conclude that the land in issue may no longer be mineral land.

As to the issue of the necessity of a positive act of the government in order that subject land may be reverted to its previous classification or converted into agricultural, proper determination thereof as to its suitability or non-suitability for agriculture should first be made and duly certified by the Department of Agriculture with prior clearance of the Department of Environment and Natural Resources as to its use, before this Department could resolve the question of exemption or coverage of said landholding.

We hope to have enlightened you on the matter and please be guided accordingly.

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning