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Mc-Daniel V Apacible and Cuisana

This case involved a dispute over three petroleum placer claims located by the petitioner in 1916. The petitioner discovered petroleum on the claims and had continuously possessed them since 1916. In 1921, the respondent applied for a lease over the same claims. The petitioner protested, but the application was approved. The petitioner sought a writ of prohibition. The Supreme Court ruled in favor of the petitioner, finding that the discovery of minerals perfected the petitioner's claim, making it a property right that could not be disposed of by the government.

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53 views1 page

Mc-Daniel V Apacible and Cuisana

This case involved a dispute over three petroleum placer claims located by the petitioner in 1916. The petitioner discovered petroleum on the claims and had continuously possessed them since 1916. In 1921, the respondent applied for a lease over the same claims. The petitioner protested, but the application was approved. The petitioner sought a writ of prohibition. The Supreme Court ruled in favor of the petitioner, finding that the discovery of minerals perfected the petitioner's claim, making it a property right that could not be disposed of by the government.

Uploaded by

Janine Castro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Mc-Daniel v Apacible

[GR No. 17597]

Facts:

1916, the petitioner entered upon and located three petroleum placer mineral claims, each of an area of
64 hectares, on an unoccupied public land in the municipality of San Narciso.

plaintiff recorded in the office of the mining recorder in the municipality of Lucena, Province of Tayabas,
Philippine Islands, notices of location of the aforesaid three placer claims; Maglihi No. 1-3 

the plaintiff, at all times since the 7th day of June, 1916, has remained in open and continuous
possession of said three mineral placer claims.

in the year 1918 plaintiff drilled five wells on the said three mineral claims, and by means of such wells
in the said year (1918) made discoveries of petroleum on each of the said three claims

June, 1921, the respondent Juan Cuisia made application to the respondent Galicano Apacible, as
Secretary of Agriculture and Natural Resources for lease of maglihi No. 1-3

Petitioner made a protested in writing, and respondent denied petitioners protest

Petitioner herein asks for a writ of prohibition, asking the courts to prohibit Apacible, Secretary of
Argiculture and Natural resources from granting a lease of parcel of petroleum land located in the
municipality of San Narciso, Tayabas.

Issues:

Whether or not Juan Cuisia shall be granted the lease under Act No. 2932

Held:

The Supreme Court ruled in favor of the Petitioner.

The discovery of minerals in the ground by one who has a valid mineral location perfects his claim and
his location not only against third person, but also against the Government. A mining claim perfected
under the law is property in the highest sense of that term, which may be sold and conveyed, and will
pass by descent, and is not therefore subject to the disposal of the Government. 

The moment the locator discovered a valuable mineral deposit on the lands located, and perfected his
location in accordance with law, the power of the United States Government to deprive him of the
exclusive right to the possession and enjoyment of the located claim was gone

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