Primary Holding
A perfected mining claim located before the 1935 Constitution’s adoption is not part of the public domain and thus falls outside the constitutional ban on alienating natural resources, mandating respondents to process the patent application.
Background
Gold Creek Mining Corp. applied for a patent for the “Nob Fraction” mining claim, but the government refused, citing the 1935 Constitution’s prohibition on alienating natural resources. The case centered on whether pre-Constitution mining rights survived the constitutional ban.
History
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January 1929: Original location of “Nob Fraction” claim.
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1933–1934: Survey and amended location filed.
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November 1935: Application for patent filed.
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February 1936: Publication of notice in newspapers.
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1938: Case decided by the Supreme Court.
Facts
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1.
Petitioner located the mining claim in 1929 under the Act of Congress of July 1, 1902.
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2.
Completed statutory requirements (e.g., surveys, labor expenditures, publications).
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3.
Respondents refused to approve the patent, arguing it violated the 1935 Constitution’s prohibition on alienating mineral resources.
Arguments of the Petitioners
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1.
Complied with all legal prerequisites for patent issuance.
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2.
The perfected location under prior laws vested a right exempt from constitutional prohibition.
Arguments of the Respondents
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1.
Constitution prohibits alienation of natural resources, including mineral lands.
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2.
No vested right exists until patent issuance.
Issues
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1.
Does a perfected mining claim lose public domain status under the 1935 Constitution?
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2.
Does the constitutional ban on alienating natural resources apply retroactively?
Ruling
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1.
Valid pre-Constitution mining claims are private property, segregating them from public domain.
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2.
The Constitution’s prohibition applies only to natural resources still part of the public domain in 1935.
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3.
Mandamus compels respondents to process the patent application.
Doctrines
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1.
Segregation Doctrine: Valid mining locations segregate land from public domain.
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2.
Vested Rights Protection: Pre-existing rights under prior laws survive constitutional changes.
Key Excerpts
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1.
“A valid location of a mining claim... operates to segregate the area from the public domain and grants the locator beneficial ownership.”
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2.
“The constitutional prohibition is directed against natural resources that were public domain when the provision took effect.”
Precedents Cited
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1.
McDaniel v. Apacible and Cuisia (1922): Established that perfected mining claims segregate land from public domain.
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2.
Wilbur v. United States ex rel. Krushnic (1930): Mandamus compels officials to act on patent applications.
Statutory and Constitutional Provisions
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1.
1935 Constitution, Art. XII, Sec. 1: Prohibits alienation of natural resources, except agricultural lands.
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2.
U.S. Act of July 1, 1902 (Philippine Bill): Governed mining claim procedures.