Article 66p. 66

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

obligation on the part of the concessionaire insofar as

such failure results from force majeure, including the act

of God, war, insurrection, riot, civil commotion, strike,

tide, storm, flood, lightning, explosion, fire, earthquake,

and any other happening which the concessionaire

could not reasonably prevent control or avoid: Provided,

That if during the term of any concession obtained

under this Act, including any extension thereof, the

concessionaire is prevented from fully exercising its

rights granted under this Act during any extended

period of force majeure resulting from act of God, war,

insurrection,

riot,

or

civil

commotion

which

the

concessionaire could not reasonably prevent or control

or avoid, such periods shall be excluded in computing

the

period of time chargeable to the term of the

concession or any extension thereof, when, within six

months from the time such period of force majeure is

considered

to

have

ended,

the

concessionaire

has

formally applied to the Secretary of Agriculture and

Natural Resources for recognition that such period of

force majeure did exist and that the concessionaire is

entitled to the consideration herein provided. acd

The extension shall be granted under the same terms

and

conditions

as

those

contained

in

the

original

concession, subject, however, to the provisions of Articles

forty-seven and forty-nine of this Act.

No further renewal shall be allowed to any exploration

concessionaire at the end of the second extension.

(Amendments to R.A. No. 387 (Petroleum Act of 1949),

Republic Act No. 3098, [June 17, 1961])

ARTICLE 28.Application for concession. — Application for

concession under this Act shall be filed with the Director

of Mines who shall examine and pass upon the same as

well as upon the qualifications of the applicant. If he

finds the application in order and the applicant duly

qualified, he shall forward the said application, together

with his findings and recommendations thereon, to the

Secretary of Agriculture and Natural Resources who may,

unless otherwise provided for in this Act, publish a notice

thereof at least once a week for three consecutive weeks

in the Official Gazette and in any newspaper of general

circulation, published in English in the City of Manila.

At any time during the period of publication of the said

notice, an adverse claim stating the nature and grounds

thereof, may be filed with the Director of Mines. If no

adverse

claim

is

filed

within

the

said

period

of

publication, it shall be conclusively presumed that no

such adverse claim exists and thereafter no objection

from third parties to the granting of the concession shall

be

heard; and the contract of concession shall be

executed by the Secretary of Agriculture and Natural

Resources for the Republic of the Philippines, and the

concessionaire, in accordance with existing laws and

regulations for the conveyance of leasehold rights, which

contract of concession shall state definitely the principal

rights and obligations of the parties concerned.

ARTICLE 29.Disposition of adverse claims. — Adverse

claims based upon applications filed at any time after

the first date of publication of the notice mentioned in

article twenty-eight shall not be considered. Adverse

claims based upon conflict of applications shall be

disposed of in accordance with the provisions of article

thirty hereof. Adverse claims based upon other grounds

shall be decided by the Secretary of Agriculture and

Natural Resources.

ARTICLE 30.Disposition of applications in conflict. — In

case an adverse claim is filed in accordance with article

twenty-eight of this Act, covering areas in conflict and

the adverse claimant is found to be duly qualified to

apply for concession under this Act, the Director of

Mines

shall

inform

the

applicant

and

the

adverse

claimant of the existence of such conflict and of any

additional

benefits

to

the

Government

which

the

Secretary of Agriculture and Natural Resources may

require in accordance with the provisions of article

nineteen of this Act, whereupon each of them shall,

within sixty days from the date of the receipt of such

information,

submit

to

the

Director

of

Mines

an

amended application stating therein such additional

benefits to the Government as he may desire to offer for

the area in conflict. The Secretary of Agriculture and

Natural Resources may accept such application which, in

his opinion, will best serve the national interest. The right

of any aggrieved party to appeal to the courts as in

ordinary cases is hereby recognized.

ARTICLE 31.Qualifications of applicants. — Applicants for

concessions under this Act shall have the following

qualifications:

In case of an individual, he shall be a citizen of the

Philippines, be of legal age, and have the capacity to

contract obligations.

In case of an association of individuals, it shall be either a

partnership

or

a

corporation

duly

organized

and

constituted under the laws of the Philippines, at least

sixty per centum of the capital of which is and shall at all

times be owned and held by citizens of the Philippines.

During the effectivity and subject to the provisions of the

ordinance

appended

to

the

Constitution

of

the

Philippines, citizens of the United States and all forms of

business enterprises owned and controlled, directly or

indirectly, by citizens of the United States shall enjoy the

same rights and obligations under the provisions of this

Act in the same manner as to, and under the same

conditions imposed upon, citizens of the Philippines or

corporations or associations owned or controlled by

citizens of the Philippines.

Any

applicant

shall

present

satisfactory

evidence

showing that sufficient finance, organization, resources,

technical competence, and skills necessary to conduct

the operations to be undertaken under the concession

being applied for, in a manner which is in accordance

with

the

best

method known to the industry, are

available to such applicant.

ARTICLE 32.Officials and employees of the Government

disqualified. — Officials and employees of the executive

branch

of

the

Government

connected

with

the

administration

and

disposition

of mineral resources

including petroleum, shall not be allowed, directly or

indirectly during their incumbency and for five years

thereafter, to apply or acquire concessions, or to be

interested,

in

anywise,

in

any

application

filed,

or

concession acquired, under this Act.

CHAPTER

III

Non-Exclusive

Exploration

Permit

ARTICLE

33.Who

may

apply.

—

Any

person legally

qualified to acquire concession under the provisions of

this Act may, upon application, acquire a permit for a

non-exclusive right to undertake surface geological or

geophysical investigations within Free Areas as defined

in article fourteen of this Act, subject to the provisions of

article thirty-five and thirty-six of this Act and the

Regulations.

ARTICLE 34.Application for Non-Exclusive Exploration

Permit.

—

Application

for Non-Exclusive Exploration

Permit shall be filed with the Director of Mines who shall

examine

and

pass

upon

the

application

and

qualifications of the applicant. He shall forward the same

with his findings and recommendation to the Secretary

of Agriculture and Natural Resources for his final action.

The

applicant

shall

pay

an

application

fee of one

© 2018 Compiled by RGL

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