04/02/2020
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2. That belonging exclusively to the State which, without being of
general public use, is employed in some public service, or in the
development of the national wealth, such as walls, fortresses, and other
works for the defense of the territory, and mines, until granted to private
individuals.
Art. 350.
The proprietor of land is the owner of the surface and of
everything under it and may build, plant or excavate thereon, as he may
see fit, subject to any existing easements and to the provisions of the
Laws on Mines and Waters and to police regulations.
After the Philippines was ceded to Spain, the Americans continued to adhere to the
concept of State-ownership of natural resources. However, the open and free
exploration, occupation and purchase of mineral deposits and the land where they
may be found were allowed under the Philippine Bill of 1902. Section 21 thereof
stated:
Sec. 21.
That all valuable mineral deposits in public lands in the
Philippine Islands, both surveyed and unsurveyed, are hereby declared to
be free and open to exploration, occupation and purchase, and the land in
which they are found, to occupation and purchase, by citizens of the
United States, or of said Islands: Provided, That when on any lands in
said Islands entered and occupied as agricultural lands
under the
provisions of this Act, but not patented, mineral deposits have been
found, the working of such mineral deposits is hereby forbidden until the
person, association, or corporation who or which has entered and is
occupying such lands shall have paid to the Government of said Islands
such additional sum or sums as will make the total amount paid for the
mineral claim or claims in which said deposits are located equal to the
amount charged by the Government for the same as mineral claims.
Other natural resources such as water and forests were similarly regarded as
belonging to the State during both the Spanish and American rule in the Philippines,
viz:
Article 33 of the Law of Waters of August 3, 1866 defined waters of public ownership
as (1) the waters springing continuously or intermittently from lands of the public
domain; (2) the waters of rivers; and (3) the continuous or intermittent waters of
springs and creeks running through their natural channels.
Article 1 of the same law states:
The following are also part of the national domain open to public use:
1.
The coasts or maritime frontiers of the Philippine territory with
their coves, inlets, creeks, roadsteads, bays and ports
2.
The coast of the sea, that is, the maritime zone encircling the
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