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Atok Big-Wedge Mining Co. vs IAC and Tuktukan Saingan, 74 SCAD 184

ATOK BIG-WEDGE MINING COMPANY, petitioner, vs. HON. INTERMEDIATE APPELLATE COURT and TUKTUKAN SAINGAN, respondents.

G.R. No. 63528 | 1996-09-09

HERMOSISIMA, JR., J.: 

In the face of two sets of divergent rulings of the Supreme Court on the nature of the rights of mining claimants over the land where their claim is located, the parties herein seek a definitive ruling on the issue: What is actually the right of a locator of a mining claim located and perfected under the Philippine Bill of 1902 over the land where the claim is found? Does he have an absolute right of ownership thereof or does he have the mere right to possess and claim the same? Whose right to the land should, therefore, prevail: the mining claimant's or that of an applicant for land registration? Does the mere...