republic act no 5092
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DESCRIPTIONThis is enacted in 1967 and had been used other laws and proclamations pertaining to use of MakBan.
- 1. Republic Act No 5092AN ACTTO PROMOTE AND REGULATE THEEXPLORATION, DEVELOPMENT,EXPLOITATION AND UTILIZATION OFGEOTHERMAL ENERGY, NATURAL GAS ANDMETHANE GAS; TO ENCOURAGE ITSCONSERVATION; AND FOR OTHER PURPOSESSECTION 1. Short title of Act. The short title ofthis Act shall be Geothermal Energy, Natural Gas andMethane Gas Law.SEC. 2. Definition of terms. When used in this Act,the following terms shall, unless the context otherwiseindicates, have the following respective meanings:(a) Act means this Geothermal Energy, NaturalGas and Methane Gas Law.(b) Bore means any well, hole, pipe, or excavation ofany kind which is bored, drilled, sunk or made inthe ground for the purpose of investigating,prospecting, obtaining, or producing geothermalenergy, natural gas and methane gas, or whichtaps or is likely to tap geothermal energy,natural gas and methane gas and includes anyhole in the ground which taps geothermalenergy, natural gas and methane gas.(c) Geothermal energy means energy derived orderivable from and produced within the earth bynatural heat phenomenon: and includes allsteam, and water vapor, and every mixture of allor any of them that has been heated by natural
- 2. underground energy, and every kind of matterderived from a bore and for the time being withor in any such stead, water, water vapor, ormixture.(d) Government means the Government of thePhilippines.(e) State means the Republic of the Philippines.(f) Person includes a natural person, corporation, orpartnership.SEC. 3. State ownership. All geothermal sources oroccurrences of geothermal energy, natural gas andmethane gas in public and/or private lands in thePhilippines, whether found in, on or under the surfaceof dry lands, creeks, rivers, lakes, or other submergedlands within the territorial waters of the Philippinesbelong to the State, inalienable and imprescriptible andtheir exploration for, tapping and utilization shall begoverned by the provisions of this Act.SEC. 4. Title to land. The ownership or the right tothe use of lands for agricultural, industrial, commercial,residential, mining, petroleum, or for any otherpurposes other than for the exploration, tapping or useof geothermal energy, natural gas and methane gas,does not include ownership of, nor the right to explorefor, tap, or utilize the geothermal energy, natural gasand methane gas in, on or under the surface of suchland.SEC. 5. Granting of geothermal energy, natural gasand methane gas rights. The right to explore for, tap,or utilize geothermal energy, natural gas and methane
- 3. gas may be obtained and exercised only by means ofpermits and/or leases granted to duly qualified personsin accordance with the provisions of this Act: Provided,That no such permit shall be required if the explorationis undertaken by the owner of the land himself or by hisagent: Provided, further, That where geothermalenergy, natural gas and methane gas is already beingused for any domestic purpose whatever (includingcooking, heating, washing, and bathing) at the time thisAct takes effect, the user thereof may continue usingthe same to similar or lesser extent without the need ofsecuring a permit or lease under this Act unless theDirector of Mines, having regard to the public interest,otherwise directs.The Government reserves the right to undertake theexploration for, tapping, or utilization of geothermalenergy, natural gas and methane gas either by itself orthrough its instrumentalities, or through competentpersons qualified to undertake such work asindependent contractor or contractors.SEC. 6. Qualifications of applicants. Applicants forpermits or leases under this Act shall have thefollowing qualifications:In case of an individual, he shall be a citizen of thePhilippines, be of legal age, and have the capacity tocontract obligations.In case of an association of individuals, it shall either apartnership or a corporation duly organized andconstituted under the laws of the Philippines, at leastsixty per centum of the capital of which is and shall atall times be owned and held by citizens of thePhilippines.
- 4. Any applicant shall present evidence showing thatsufficient finance, organization, resources, technicalcompetence, skills, and experience necessary to conductthe operations to be undertaken under the permitand/or lease being applied for, in a manner which is inaccordance with the best method known to theindustry, are available to the applicant.SEC. 7. Lands covered by permits, leases are subject topublic easements. All lands covered by permits and/orleases granted under this Act shall be subject to publiceasements established or recognized by existing orfuture laws.SEC. 8. Operations of permittees/lessees subject tomining rights. The operations of permittees and/orlessees under the provisions of this Act shall be subjectto existing mining or petroleum rights, grants, permits,leases, and concessions and the same shall notadversely affect the operations of the latter. Anyquestion in this regard shall be decided and settled bythe Director of Mines.SEC. 9. Rights to enter private land. Holders ofpermits and/or leases granted under the provisions ofthis Act, their men, contractors or operators, uponwritten notice sent to the owner on the land at least tendays in advance, are granted the right to enter and re-enter from time to time upon private lands covered bytheir permits and/or leases for the purpose ofconducting geological and/or geophysical studies, makeany bore therein, with the right to use all instrumentsand apparatus necessary to carry out such studies,subject to the obligations to indemnify the owner orlegal occupant of the land for all material damage
- 5. suffered by the property, its annexes or appurtenancesas a result of such studies: Provided, That in no caseshall the occupancy of private buildings, yards orgardens be authorized against the will of their owner.In the event the right granted in this Section shall bedenied by the owner of the private land or by its legaloccupant, the permittee and/or lessee may apply forand, upon posting such bond as may be fixed andapproved by the municipal court of the municipalitywhere the land is situated, the court shall issue anorder allowing such right to enter pending the finaldetermination of the proper amount that shall be paidby the permittee and/or lessee to the land-owner orlegal occupant.SEC. 10. Easements over private land. Wheneasements of temporary or permanent occupancy overprivate lands are needed by a permittee or lessee forthe purpose of carrying out any works essential to hisoperations under the provisions of this Act, he mayenter into necessary agreement with the owner or legaloccupant of such private land. If no agreement can bereached, or if the owner or legal occupant refuses togrant such easement, or in general, when any obstacleof whatever nature exists to the immediate and certainacquisition of the necessary surface area or of any rightindispensable to the permittee or lessee for the purposeof concession, the municipal court of the municipalitywhere the land is situated shall, upon application of thepermittee or lessee and posting of the necessary bond,grant to the said, permittee or lessee authority to useand occupy the land needed by him in his operations,pending final determination of the case which shallinclude among others the reasonable value or rental ofthe land to be occupied and the compensation for any
- 6. resulting damage that the land-owner or legal occupantmay suffer as a result of such occupation.When the occupation of a private land is needed by thepermittee or lessee in connection with his permit and/orease granted in this Act for the purpose of constructing,maintaining, operating, and drilling bores, tanks,reservoirs, waterways, pipelines, roads, railroads,tramlines, telephone and telegraph lines; airfields,radio stations, powerhouses, transmission lines,pumping stations, wharves, piers and terminals, whichare hereby declared to be for public use or benefit, theright of eminent domain may be exercised by theGovernment through the permittee or lessee, inaccordance with the applicable laws on the matter.In all cases, whether it be an order of the court or avoluntary agreement between the permittee and/orlessee and the private landowner, as referred to in thisSection, a copy of such order or agreement shall befurnished to the Director of Mines.For the purpose of this Section the necessity of thework will presumed in the cases of bore drilling andauxiliary works, construction of pipelines, tanks,pumping plants, power systems, warehouses, shops,and means of transport and communication.SEC. 11. Right to enter public land and easement overthe same. Except lands covered by armed forcesreservations, all public lands may be entered into bythe holder of a permit and/or lease issued under thisAct if the same is covered by said permit and/or lease.When easement or right of temporary or permanentoccupancy over said public land is needed by said
- 7. holder of a permit and/or lease for the purpose ofcarrying any work essential to his operations under thisAct, except in areas covered by military reservation,such right may be granted by the Director of Mineswith due regard to prior rights of third parties and tothe purpose for which the reservation had beenestablished.The presumption of necessity stated in Section tenapplies likewise in this case.SEC. 12. App
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