The Philippine Bill of 1902
The Philippine Bill of 1902
The Philippine Bill of 1902
Section 1. That the action of the President of the United States in creating the Philippine
Commission and authorizing said Commission to exercise the powers of government to the
extent and in the manner and form and subject to the regulation and control set forth in the
instructions of the President to the Philippine Commission, dated April seventh, nineteen
hundred, and in creating the offices of Civil Governor and Vice-Governor of the Philippine
Islands, and authorizing said Civil Governor and Vice-Governor to exercise the powers of
government to the extent and in the manner and form set forth in the Executive order dated June
twenty-first, nineteen hundred and one, and is establishing four Executive Departments of
government in said Islands as set forth in the Act of the Philippine Commission entitled “An Act
providing an organization for the Departments of the Interior, of Commerce and Police, of
Finance and Justice, and of Public Instruction,” enacted September sixth, nineteen hundred and
one, is hereby approved, ratified, and confirmed, and until otherwise provided by law the said
Islands shall continue to be governed as thereby and herein provided, and all laws passed
hereafter by the Philippine Commission shall have an enacting clause as follows. “By authority
of the United States, be it enacted by the Philippine Commission.” The provisions of section
eighteen hundred and ninety-one of the Revised Statutes of eighteen hundred and seventy eight
shall not apply to the Philippine Islands.Future appointments of Civil Governor, Vice-Governor,
members of said Commission and heads of Executive Departments shall be made by the
President, by and with the advice and consent of the Senate.
Section 2. That the action of the President of the United States heretofore taken by virtue of the
authority vested in him as Commander in Chief of the Army and Navy, as set forth in his order
of July twelfth, eighteen hundred and ninety-eight, whereby a land of duties and taxes as set forth
by said order was to be levied and collected at all ports and places in the Philippine Islands upon
passing into the occupation and possession of the forces of the United States, together with the
subsequent amendments of said order, are hereby approved, ratified, and confirmed, and the
actions of the authorities of the Government of the Philippine Islands taken in accordance with
the provisions of said order and subsequent amendments, are hereby approved: Provided, That
nothing contained in this section shall be held to amend or repeal an Act entitled “An Act
temporarily to provide revenue for the Philippine Islands, and for other purposes,” approved
March eighth, nineteen hundred and two.
Section 3. That the President of the United States, during such time as and whenever the
sovereignty and authority of the United States encounter armed resistance in the Philippine
Islands, until otherwise provided by Congress, shall continue to regulate and control commercial
intercourse with and within said Islands by such general rules and regulations as he, in his
discretion, may deem more conducive to the public interests and the general welfare.
Section 4. That all inhabitants of the Philippine Islands continuing to reside therein who were
Spanish subjects on the eleventh day of April, eighteen hundred and ninety-nine, and then
resided in the Philippine Islands, and their children born subsequent thereto, shall be deemed and
held to be citizens of the Philippine Islands and as such entitled to the protection of the United
States, except such as shall have elected to preserve their allegiance to the Crown of Spain in
accordance with the provisions of the treaty of peace between the United States and Spain signed
at Paris December tenth, eighteen hundred and ninety-eight.
BILL OF RIGHTS
Section 5. That no law shall be enacted in said Islands which shall deprive any person of life,
liberty, or property without due process of law, or deny to any person therein the equal protection
of the laws.That in all criminal prosecutions the accused shall enjoy the right to be heard by
himself and counsel, to demand the nature and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face to face, and to have compulsory process to
compel the attendance of witnesses in his behalf.
That no person shall be held to answer for a criminal offense without due process of law; and no
person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled
in any criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient sureties, except for capital
offenses.
That the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of
rebellion, insurrection, or invasion the public safety may require it, in either of which events the
same may be suspended by the President, or by the Governor, with the approval of the Philippine
Commission, wherever during such period the necessity for such suspension shall exist.
That no law granting a title of nobility shall be enacted, and no person holding any office of
profit or trust in said Islands, shall without the consent of the Congress of the United States,
accept any present, emolument, office, or title of any kind whatever from any king, queen,
prince, or foreign State.
That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishment inflicted.
That the right to be secure against unreasonable searches and seizures shall not be violated.
That neither slavery, nor involuntary servitude, except as a punishment for crime whereof the
party shall have been duly convicted, shall exist in said Islands.
That no law shall be passed abridging the freedom of speech or of the press, or the right of the
people peaceably to assemble and petition the Government for redress of grievances.
That no law shall be made respecting an establishment of religion or prohibiting the free exercise
thereof, and that the free exercise and enjoyment of religious profession and worship, without
discrimination or preference, shall forever be allowed.
That no money shall be paid out of the Treasury except in pursuance of an appropriation by law.
That no private or local bill which may be enacted into law shall embrace more than one subject,
and that subject shall be expressed in the title of the bill.
That no warrant shall issue but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched and the person or things to be seized.
That all money collected on any tax levied or assessed for a special purpose shall be treated as a
special fund in the Treasury and paid out for such purpose only.
Section 6. That whenever the existing insurrection in the Philippine Islands shall have ceased
and a condition of general and complete peace shall have been established therein and the fact
shall be certified to the President by the Philippine Commission, the President, upon being
satisfied thereof, shall order a census of the Philippine Islands to be taken by said Philippine
Commission; such census in its inquiries relating to the population shall take and make so far as
practicable full report for all the inhabitants, of name, age, sex, race, or tribe, whether native or
foreign born, literacy in Spanish native dialect, or language, or in English, school attendance,
ownership of homes, industrial and social statistics, and such other information separately for
each island, each province, and municipality, or other civil division, as the President and said
Commission may deem necessary: Provided, That the President may, upon the request of said
Commission, in his discretion, employ the service of the Census Bureau in compiling and
promulgating the statistical information above provided for, and may commit to such Bureau any
part or portion of such labor as to him may seem wise.
Section 7. That two years after the completion and publication of the census, in case such
condition of general and complete peace with recognition of the authority of the United States
shall have continued in the territory of said Islands not inhabited by Moros or other non-
Christian tribes and such facts shall have been certified to the President by the Philippine
Commission, the President upon being satisfied thereof shall direct Commission to call, and the
Commission shall call, a general election for the choice of delegates to a popular assembly of the
people of said territory in the Philippine Islands, which shall be known as the Philippine
Assembly. After said Assembly shall have convened and organized, all the legislative power
heretofore conferred on the Philippine Commission in all that part of said Islands not inhabited
by Moros or other non-Christian tribes shall be vested in a Legislature consisting of two Houses
— the Philippine Commission and the Philippine Assembly. Said Assembly shall consist of not
less than fifty nor more than one hundred members to be apportioned by said Commission
among the provinces as nearly as practicable according to population: Provided, That no
province shall have less than one member: And provided further, That provinces entitled by
population to more than one member may be divided into such convenient district as the said
Commission may deem best.Public notice of such division shall be given at least ninety days
prior to such election, and the election shall be held under rules and regulations to be prescribed
by law. The qualification of electors of such election shall be the same as is now provided by law
in case of electors in municipal elections. The members of Assembly shall hold office for two
years from the first day of January next following their election, and their successors shall be
chosen by the people every second year thereafter. No person shall be eligible to such election
who is not a qualified elector of the election district in which he may be chosen, owing
allegiance to the United States and twenty-five years of age.
The Legislature shall hold annual sessions, commencing on the first Monday of February in each
year and continuing not exceeding ninety days thereafter (Sundays and holidays not included);
Provided, That the first meeting of the Legislature shall be held upon the call of the Governor
within ninety days after the first election: And provided further, That if at the termination of any
session the appropriations necessary for the support of Government shall not have been made, an
amount equal to the sums appropriated in the last appropriation bills for such purposes shall be
deemed to be appropriated; and until the Legislature shall act in such behalf the Treasurer may,
with the advice of the Governor, make the payments necessary for the purposes aforesaid.
The Legislature may be called in special session at any time by the Civil Governor for general
legislation, or for action on such specific subjects as he may designate. No special session shall
continue longer than thirty days, exclusive of Sundays.
The Assembly shall be the judge of the elections, returns, and qualifications of its members. A
majority shall constitute a quorum to do business, but a smaller number may adjourn from day
to day and may be authorized to compel the attendance of absent members. It shall choose its
Speaker and other officers, and the salaries of its members and officers shall be fixed by law. It
may determine the rule of its proceedings, punish its members for disorderly behavior, and with
the concurrence of two-thirds expel a member. It shall keep a journal of its proceedings, which
shall be published, and the yeas and nays of the members on any question shall, on the demand
of one-fifth of those present, be entered on the journal.
Section 8. That at the same time with the first meeting of the Philippine Legislature, and
biennially thereafter, there shall be chosen by said Legislature, each House voting separately,
two resident Commissioners to the United States, who shall be entitled to an official recognition
as such by all departments upon presentation to the President of a certificate of election by the
Civil Governor of said Islands, and each of whom shall be entitled to a salary payable monthly
by the United States at the rate of five thousand dollars per annum, and two thousand dollars
additional to cover all expenses: Provided, That no person shall be eligible to such election who
is not a qualified elector of said Islands, owing allegiance to the United States, and who is not
thirty years of age.
Section 9. That the Supreme Court and the Courts of First Instance of the Philippine Islands shall
possess and exercise jurisdiction as heretofore provided and such additional jurisdiction as shall
hereafter be prescribed by the Government of said Islands, subject to the power of said
Government to change the practice and method of procedure. The municipal courts of said
Islands shall possess and exercise jurisdiction as heretofore provided by the Philippine
Commission, subject in all matters to such alteration and amendment as may be hereafter enacted
by law; and the Chief Justice and Associate Justices of the Supreme Court shall hereafter be
appointed by the President, by and with the advice and consent of the Senate, and shall receive
the compensation heretofore prescribed by the Commission until otherwise provided by
Congress. The judges of the Court of First Instance shall be appointed by the Civil Governor, by
and with the advice and consent of the Philippine Commission: Provided, That the admiralty
jurisdiction of the Supreme Court and Courts of First Instance shall not be changed except by
Act of Congress.
Section 10. That the Supreme Court of the United States shall have jurisdiction to review, revise,
reverse, modify, or affirm the final judgments and decrees of the Supreme Court of the
Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter
determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the
United States is involved, or in causes in which the value in controversy exceeds twenty-five
thousand dollars, or in which the title or possession of real estate exceeding in value the sum of
twenty-five thousand dollars, to be ascertained by the oath of either party or of other competent
witnesses, is involved or brought in question; and such final judgments or decrees may and can
be reviewed, revised, reversed, modified, or affirmed by said Supreme Court of the United States
on appeal or writ of error by the party aggrieved, in the same manner, under the same
regulations, and by the same procedure, as far as applicable, as the final judgments and decrees
of the Circuit Courts of the United States.
Section 11. That the Government of the Philippine Islands is hereby authorized to provide for the
needs of commerce by improving the harbors and navigable waters of said Islands and to
construct and maintain in said navigable waters and upon the shore adjacent thereto bonded
warehouses, wharves, piers, light-houses, signal and life-saving stations, buoys, and like
instruments of commerce, and to adopt and enforce regulations in regard thereto, including
bonded warehouses wherein articles not intended to be imported into said Islands nor mingled
with the property therein, but brought into a port of said Islands for reshipment to another
country may be deposited in bond and reshipped to another country without the payment of
customs duties or charges.
Section 12. That all the property and rights which may have been acquired in the Philippine
Islands by the United States under the treaty of peace with Spain, signed December tenth,
eighteen hundred and ninety-eight, except such land or other property as shall be designated by
the President of the United States for military and other reservations of the Government of the
United States, are hereby placed under the control of the Government of said Islands, to be
administered for the benefit of the inhabitants thereof, except as provided in this Act.
Section 13. That the Government of the Philippine Islands, subject to the provisions of this Act
and except as herein provided, shall classify according to its agricultural character and
productiveness, and shall immediately make rules and regulations for the lease, sale, or other
disposition of the public lands other than timber or mineral lands, but such rules and regulations
shall not go into effect or have the force of law until they have received the approval of the
President, and when approved by the President they shall be submitted by him to Congress at the
beginning of the next ensuing session thereof and unless disapproved or amended by Congress at
said session they shall at the close of such period have the force and effect of law in the
Philippine Islands: Provided, That a single homestead entry shall not exceed sixteen hectares in
extent.
Section 14. That the Government of the Philippine Islands is hereby authorized and empowered
to enact rules and regulations and to prescribe terms and conditions to enable persons to perfect
their title to public lands in said Islands, who, prior to the transfer of sovereignty from Spain to
the United States, had fulfilled all or some of the conditions required by the Spanish laws and
royal decrees of the Kingdom of Spain for the acquisition of legal title thereto, yet failed to
secure conveyance of title; and the Philippine Commission is authorized to issue patents, without
compensation, to any native of said Islands, conveying title to any tract of land not more than
sixteen hectares in extent, which were public lands and had been actually occupied by such
native or his ancestors prior to and on the thirteenth of August, eighteen hundred and ninety-
eight.
Section 15. That the Government of the Philippine Islands is hereby authorized and empowered,
on such terms as it may prescribe, by general legislation, to provide for the granting or sale and
conveyance to actual occupants and settlers and other citizens of said Islands such parts and
portions of the public domain, other than timber and mineral lands, of the United States in said
Islands as it may deem wise, not exceeding sixteen hectares to any one person and for the sale
and conveyance of not more than one thousand and twenty-four hectares to any corporation or
association of persons: Provided, That the grant or sale of such lands, whether the purchase price
be paid at once or in partial payments, shall be conditioned upon actual and continued
occupancy, improvement, and cultivation of the premises sold for a period of not less than five
years, during which time the purchaser or grantee can not alienate or encumber said land or the
title thereto; but such restriction shall not apply to transfers of rights and title of inheritance
under the laws for the distribution of the estates of decedents.
Section 16. That in granting or selling any part of the public domain under the provisions of the
last preceding section, preference in all cases shall be given to actual occupants and settlers; and
such public lands of the United States in the actual possession or occupancy of any native of the
Philippine Islands shall not be sold by said Government to any other person without the consent
thereto of said prior occupant or settler first had and obtained: Provided, That the prior right
hereby secured to an occupant of land, who can show no other proof of title than possession,
shall not apply to more than sixteen hectares in any one tract.
Section 17. That timber, trees, forests, and forest products on lands leased or demised by the
Government of the Philippine Islands under the provisions of this Act shall not be cut, destroyed,
removed, or appropriated except by special permission of said Government and under such
regulations as it may prescribe.All moneys obtained from lease or sale of any portion of the
public domain or from licenses to cut timber by the Government of the Philippine Islands shall
be covered into the Insular Treasury and be subject only to appropriation for insular purposes
according to law.
Section 18. That the forest laws and regulations now in force in the Philippine Islands, with such
modifications and amendments as may be made by the Government of said Islands, are hereby
continued in force, and no timber lands forming part of the public domain shall be sold, leased,
or entered until the Government of said Islands, upon the certification of the Forestry Bureau that
said lands are more valuable for agriculture than for forest uses, shall declare such lands so
certified to be agricultural in character: Provided, That the said Government shall have the right
and is hereby empowered to issue licenses to cut, harvest, or collect timber or other forest
products on reserved or unreserved public lands in said Islands in accordance with the forest
laws and regulations hereinbefore mentioned and under the provisions of this Act, and the said
Government may lease land to any person or persons holding such licenses, sufficient for a mill
site, not to exceed four hectares in extent, and may grant rights of way to enable such person or
persons to get access to the lands to which such licenses apply.
Section 19. That the beneficial use shall be the basis, the measure, and the limit of all rights to
water in said Islands, and the Government of said Islands is hereby authorized to make such rules
and regulations for the use of water, and to make such reservations of public lands for the
protection of the water supply, and for other public purposes not in conflict with the provisions
of this Act, as it may deem best for the public good.
Section 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be
reserved from sale, except as otherwise expressly directed by law.
Section 21. That all valuable mineral deposits in public lands in the Philippine Islands, both
surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation,
and purchase, and the land in which they are found to occupation and purchase, by citizens of the
United States, or of said Islands: Provided, That when on any lands in said Islands entered and
occupied as agricultural lands under the provisions of this Act, but not patented, mineral deposits
have been found, the working of such mineral deposits is hereby forbidden until the person,
association, or corporation who or which has entered and is occupying such lands shall have paid
to the Government of said Islands such additional sum or sums as will make the total amount
paid for the mineral claim or claims in which said deposits are located equal to the amount
charged by the Government for the same as mineral claims.
Section 22. That mining claims upon land containing veins or lodes of quartz or other rock in
place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, located after the
passage of this Act, whether located by one or more persons qualified to locate the same under
the preceding section, shall be located in the following manner and under the following
conditions: Any person so qualified desiring to locate a mineral claim shall, subject to the
provisions of this Act with respect to land which may be used for mining, enter upon the same
and locate a plot of ground measuring, where possible, but not exceeding, one thousand feet in
length by one thousand feet in breadth, in as nearly as possible a rectangular form; that is to say:
All angles shall be right angles, except in cases where a boundary line of a previously surveyed
claim is adopted as common to both claims, but the lines need not necessarily be meridional. In
defining the size of a mineral claim, it shall be measured horizontally, irrespective of inequalities
of the surface of the ground.
Section 23. That a mineral claim shall be marked by two posts placed as nearly as possible on
the line of the ledge or vein, and the posts shall be numbered one and two, and the distance
between posts numbered one and two shall not exceed one thousand feet, the line between posts
numbered one and two to be known as the location line; and upon posts numbered one and two
shall be written the name given to the mineral claim, the name of the locator, and the date of the
location. Upon post numbered one there shall be written, in addition to the foregoing, “Initial
post,” the approximate compass bearing of post numbered two, and a statement of the number of
feet lying to the right and to the left of the line from post numbered one to post numbered two,
thus: “Initial post Direction of post numbered two _________ feet of this claim lie on the right
and ____________ feet on the left of the line from number one to number two post.” All the
particulars required to be put on number one and number two posts shall be furnished by the
locator to the provincial secretary, or such other officer as by the Philippine Government may be
described as mining recorder, in writing, at the time the claim is recorded, and shall form a part
of the record of the sum claim.
Section 24. That when a claim has been located the holder shall immediately mark the line
between posts numbered one and two so that it can be distinctly seen. The locator shall also place
a post at the point where he has found minerals in place, on which shall be written “Discovery
post:” Provided, That when the claim is surveyed the surveyor shall be guided by the records of
the claim, the sketch plan on the back of the declaration made by the owner when the claim was
recorded, posts numbered one and two, and the notice on number one, initial post.
Section 25.That it shall not be lawful to move number one post, but number two post may be
moved by the deputy mineral surveyor when the distance between posts numbered one and two
exceeds one thousand feet, in order to place number two post one thousand feet from number one
post on the line of location. When the distance between posts numbered one and two is less than
one thousand feet the deputy mineral surveyor shall have no authority to extend the claim
beyond number two.
Section 26. That the “location line” shall govern the direction of one side of the claim, upon
which the survey shall be extended according to this Act.
Section 27. That the holder of a mineral claim shall be entitled to all minerals which may lie
within his claim, but he shall not be entitled to mine outside the boundary lines of his claim
continued vertically downward: Provided, That this Act shall not prejudice the rights of claim
owners nor claim holders whose claims have been located under existing laws prior to this Act.
Section 28. That no mineral claim of the full size shall be recorded without the application being
accompanied by an affidavit made by the applicant or some person on his behalf cognizant of the
facts — that the legal notices and posts have been put up; that mineral has been found in place on
the claim proposed to be recorded; that the ground applied for is unoccupied by any other person.
In the said declaration shall be set out the name of the applicant and the date of the location of
the claim. The words written on the number one and number two posts shall be set out in full,
and as accurate a description as possible of the position of the claim given with reference to
some natural object or permanent monuments.
Section 29. That no mineral claim which at the date of its record is known by the locator to be
less than a full-sized mineral claim shall be recorded without the word “fraction” being added to
the name of the claim, and the application being accompanied by an affidavit or solemn
declaration made by applicant or some person on his behalf cognizant of the facts: That the legal
posts and notices have been put up; that mineral has been found in place on the fractional claim
proposed to be recorded; that the ground applied for is unoccupied by any other person. In the
said declaration shall be set out the name of the applicant and the date of the location of the
claim. The words written on the posts numbered one and two shall be set out in full, and as
accurate a description as possible of the position of the claim given. A sketch plan shall be drawn
by the applicant on the back of the declaration, showing as near as may be the position of the
adjoining mineral claims and the shape and size, expressed in feet, of the claim or fraction
desired to be recorded: Provided, That the failure on the part of the locator of a mineral claim to
comply with any of the foregoing provisions of this section shall not be deemed to invalidate
such location, if upon the facts it shall appear that such locator has actually discovered mineral in
place on said location, and that there has been on his part a bona fide attempt to comply with the
provisions of this Act, and that the nonobservance of the formalities hereinbefore referred to is
not of a character calculated to mislead other persons desiring to locate claims in the vicinity.
Section 30. That in cases where, from the nature or shape of the ground, it is impossible to mark
the location line of the claim as provided by this Act, then the claim may be marked by placing
posts as nearly as possible to the location line, and noting the distance and direction such posts
may be from such location line, which distance and direction shall be set out in the record of the
claim.
Section 31. That every person locating a mineral claim shall record the same with the provincial
secretary or such other officer as by the Government of the Philippine Islands may be described
as mining recorder of the district within which the same is situated, within thirty days after the
location thereof. Such record shall be made in a book to be kept for the purpose in the office of
the said provincial secretary or such other officer as by said Government described as mining
recorder, in which shall be inserted the name of the claim, the name of each locator, the locality
of the mine, the direction of the location line, the length in feet, the date of location, and the date
of the record. A claim which shall not have been recorded within the prescribed period shall be
deemed to have been abandoned.
Section 32. That in case of any dispute as to the location of a mineral claim the title to the claim
shall be recognized according to the priority of such location, subject to any question as to the
validity of the record itself and subject to the holder having complied with all the terms and
conditions of this Act.
Section 33. That no holder shall be entitled to hold in his, its or their own name or in the name of
any other person, corporation or association more than one mineral claim on the same vein or
lode.
Section 34. That a holder may at any time abandon any mineral claim by giving notice, in
writing, or such intention to abandon, to the provincial secretary or such other officer as by the
Government of the Philippine Islands may be described as mining recorder; and from the date of
the record of such notice all his interest in such claim shall cease.
Section 35. That proof of citizenship under the clauses of this Act relating to mineral lands may
consist in the case of an individual, of his own affidavit thereof; in the case of an association of
persons unincorporated, of the affidavit of their authorized agent made on his own knowledge or
upon information and belief, and in case of a corporation organized under the laws of the United
States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified
copy of their charter or certificate of incorporation.
Section 36. That the United States Philippine Commission or its successors may make
regulations, not in conflict with the provision of this Act, governing the location, manner of
recording, and amount of work necessary to hold possession of a mining claim, subject to the
following requirements:On each claim located after the passage of this Act, and until a patent has
been issued therefor, not less than one hundred dollars’ worth of labor shall be performed or
improvements made during each year: Provided, That upon a failure to comply with these
conditions the claim or mine upon which such failure occurred shall be open to relocation in the
same manner as if no location of the same had ever been made, provided that the original
locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after
failure and before such location. Upon the failure of any one of several co-owners to contribute
his proportion of the expenditures required thereby, the co-owners who have performed the labor
or made the improvements may, at the expiration of the year, give such delinquent co-owner
personal notice in writing or notice by publication in the newspaper published nearest the claim,
and in two newspapers published at Manila, one in the English language and the other in the
Spanish language, to be designated by the Chief of the Philippine Insular Bureau of Public
Lands, for at least once a week for ninety days, and, if at the expiration of ninety days after such
notice in writing or by publication such delinquent shall fail or refuse to contribute his proportion
of the expenditure required by this section his interest in the claim shall become the property of
his co-owners who have made the required expenditures. The period within which the work
required to be done annually on all unpatented mineral claims shall commence on the first day of
January succeeding the date of location of such claim.
Section 37. That a patent for any land claimed and located for valuable mineral deposits may be
obtained in the following manner: Any person, association, or corporation authorized to locate a
claim under this Act, having claimed and located a piece of land for such purposes, who has or
have complied with the terms of this Act may file in the office of the provincial secretary, or
such other officer as by the Government of said Islands may be described as mining recorder of
the province wherein the land claimed is located, an application for a patent, under oath showing
such compliance, together with a plat and field notes of the claim or claims in common, made by
or under the direction of the Chief of the Philippine Insular Bureau of Public Lands, showing
accurately the boundaries of the claim, which shall be distinctly marked by monuments on the
ground, and shall post a copy of such plat, together with a notice of such application for a patent,
in a conspicuous place on the land embraced in such plat previous to the filing of the application
for a patent, and shall file an affidavit of at least two persons that such notice has been duly
posted, and shall file a copy of the notice in such office, and shall thereupon be entitled to a
patent for the land, in the manner following: The provincial secretary, or such other officer as by
the Philippine Government may be described as mining recorder, upon the filing of such
application, plat, field notes, notices, and affidavits, shall publish a notice that such an
application has been made, once a week for the period of sixty days, in a newspaper to be by him
designated as nearest to such claim and in two newspapers published at Manila, one in the
English language and one in the Spanish language, to be designated by the Chief of the
Philippine Insular Bureau of Public Lands; and he shall also post such notice in his office for the
same period. The claimant at the time of filing this application, or at any time thereafter within
the sixty days of publication, shall file with the provincial secretary or such other officer as by
the Philippine Government may be described as mining recorder a certificate of the Chief of the
Philippine Insular Bureau of Public Lands that five hundred dollars’ worth of labor has been
expended or improvements made upon the claim by himself or grantors; that the plat is correct,
with such further description by such reference to natural objects or permanent monuments as
shall identify the claim, and furnish an accurate description to be incorporated in the patent. At
the expiration of the sixty days of publication the claimant shall file his affidavit, showing that
the plat and notice have been posted in a conspicuous place on the claim during such period of
publication. If no adverse claim shall have been filed with the provincial secretary or such other
officer as by the Government of said Islands may be described as mining recorder at the
expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a
patent upon the payment to the provincial treasurer or the collector of internal revenue of five
dollars per acre and that no adverse claim exists, and thereafter no objection from third parties to
the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply
with the terms of this Act: Provided, That where the claimant for a patent is not a resident of or
within the province wherein the land containing the vein, ledge, or deposit sought to be patented
is located, the application for patent and the affidavits required to be made in this section by the
claimant for such patent may be made by his, her, or its authorized agent where said agent is
conversant with the facts sought to be established by said affidavits.
Section 38. That applicants for mineral patents, if residing beyond the limits of the province or
military department wherein the claim is situated, may make the oath or affidavit required for
proof of citizenship before the clerk of any court of record, or before any notary public of any
province of the Philippine Islands, or any other official in said Islands authorized by law to
administer oaths.
Section 39. That where an adverse claim is filed during the period of publication it shall be upon
oath of the person or persons making the same, and shall show the nature, boundaries, and extent
of such adverse claim, and all proceedings, except the publication of notice and making and
filing of the affidavits thereof, shall be stayed until the controversy shall have been settled or
decided by a court of competent jurisdiction or the adverse claim waived. It shall be the duty of
the adverse claimant, within thirty days after filing his claim, to commence proceedings in a
court of competent jurisdiction to determine the question of the right of possession, and
prosecute the same with reasonable diligence to final judgment, and a failure so to do shall be a
waiver of his adverse claim. After such judgment shall have been rendered the party entitled to
the possession of the claim, or any portion thereof, may, without giving further notice, file a
certified copy of the judgment roll with the provincial secretary or such other officer as by the
Government of the Philippine Islands may be described as mining recorder, together with the
certificate of the Chief of the Philippine Insular Bureau of Public Lands that the requisite amount
of labor has been expended or improvements made thereon, and the description required in other
cases, and shall pay to the provincial treasurer or the collector of internal revenue of the province
in which the claim is situated, as the case may be, five dollars per acre for his claim, together
with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified
by the provincial secretary or such other officer as by said Government may described as mining
recorder to the Secretary of the Interior of the Philippine Islands, and a patent shall issue thereon
for the claim, or such portion thereof as the applicant shall appear, from the decision of the court,
rightly to possess. The adverse claim may be verified by the oath of any duly authorized agent or
attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if
residing or at the time being beyond the limits of the province wherein the claim is situated, may
make oath to the adverse claim before the clerk of any court of record, or any notary public of
any province or military department of the Philippine Islands, or any other officer authorized to
administer oaths where the adverse claimant may then be. If it appears from the decision of the
court that several parties are entitled to separate and different portions of the claim, each party
may pay for his portion of the claim, with the proper fees, and file the certificate and description
by the Chief of the Philippine Insular Bureau of Public Lands, whereupon the provincial
secretary or such other officer as by the Government of said Islands may be described as mining
recorder shall certify the proceedings and judgment roll to the Secretary of the Interior for the
Philippine Islands, as in the preceding case, and patents shall issue to the several parties
according to their respective rights. If in any action brought pursuant to this section, title to the
ground in controversy shall not be established by either party, the court shall so find, and
judgment shall be entered accordingly. In such case costs shall not be allowed to either party, and
the claimant shall proceed in the office of the provincial secretary or such other officer as by the
Government of said Islands may be described as mining recorder or be entitled to a patent for the
ground in controversy until he shall have perfected his title. Nothing herein contained shall be
construed to prevent the alienation of a title conveyed by a patent for a mining claim to any
person whatever.
Section 40. That the description of mineral claims upon surveyed lands shall designate the
location of the claim with reference to the lines of the public surveys, but need not conform
therewith; but where a patent shall be issued for claims upon unsurveyed lands, the Chief of the
Philippine Insular Bureau of Public Lands in extending the surveys shall adjust the same to the
boundaries of such patented claim according to the plat or description thereof, but so as in no
case to interfere with or change the location of any patented claim.
Section 41. That any person authorized to enter lands under this Act may enter and obtain patent
to lands that are chiefly valuable for building stone under the provisions of this Act relative to
placer mineral claims.
Section 42. That any person authorized to enter lands under this Act may enter and obtain patent
to lands containing petroleum or other mineral oils and chiefly valuable therefor under the
provisions of this Act relative to parcel mineral claims.
Section 43. That no location of a placer claim shall exceed sixty-four hectares for any
association of persons, irrespective of the number of persons composing such association, and no
such location shall include more than eight hectares for an individual claimant. Such locations
shall conform to the laws of the United States Philippine Commission, or its successors, with
reference to public surveys, and nothing in this section contained shall defeat or impair any bona
fide ownership of land for agricultural purposes or authorize the sale of the improvements of any
bona fide settler to any purchase.
Section 44. That where placer claims are located upon surveyed lands and conform to legal
subdivisions, further survey or plat shall be required, and all placer mining claims located after
the date of passage of this Act shall conform as nearly as practicable to the Philippine system of
public-land surveys and the regular subdivision of such surveys; but where placer claims can not
be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and
where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land
less than sixteen hectares shall remain, such fractional portion of agricultural land may be
entered by any party qualified by law for homestead purposes.
Section 45. That where such person or association, they and their grantors have held and worked
their claims for a period equal to the time prescribed by the statute of limitations of the
Philippine Islands, evidence of such possession and working of the claims for such period shall
be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse
claim; but nothing in this Act shall be deemed to impair any lien which may have attached in any
way whatever prior to the issuance of a patent.
Section 46. That the Chief of the Philippine Insular Bureau of Public Lands may appoint
competent deputy mineral surveyors to survey mining claims. The expenses of the survey of vein
or lode claims and of the survey of placer claims, together with the cost of publication of notices,
shall be paid by the applicants, and they shall be at liberty to obtain the same at the most
reasonable rates, and they shall also be at liberty to employ any such deputy mineral surveyor to
make the survey. The Chief of the Philippine Insular Bureau of Public Lands shall also have
power to establish the maximum charges for surveys and publication of notices under this Act;
and in case of excessive charges for publication he may designate any newspaper published in a
province where mines are situated, or in Manila, for the publication of mining notices and fix the
rates to be charged by such paper; and to the end that the Chief of the Bureau of Public Lands
may be fully informed on the subject such applicant shall file with the provincial secretary, or
such other officer as by the Government of the Philippine Islands may be described as mining
recorder, a sworn statement of all charges and fees paid by such applicant for publication and
surveys, and of all fees and money paid the provincial treasurer or the collector of internal
revenue, as the case may be, which statement shall be transmitted, with the other papers in the
case, to the Secretary of the Interior for the Philippine Islands.
Section 47. That all affidavits required to be made under this Act may be verified before any
officer authorized to administer oaths within the province or military department where the
claims may be situated, and all testimony and proofs may be taken before any such officer, and,
when duly certified by the officer taking the same, shall have the same force and effect as if
taken before the proper provincial secretary or such other officer as by the Government of the
Philippine Islands may be described as mining recorder. In cases of contest as to the mineral or
agricultural character of land the testimony and proofs may be taken as herein provided on
personal notice of at least ten days to the opposing party; or if such party can not be found, then
by publication at least once a week for thirty days in a newspaper to be designated by the
provincial secretary or such other officer as by said Government may be described as mining
recorder published nearest to the location of such land and in two newspapers published in
Manila, one in the English language and one in the Spanish language, to be designated by the
Chief of the Philippine Insular Bureau of Public Lands; and the provincial secretary or such other
officer as by said Government may be described as mining recorder shall require proofs that such
notice has been given.
Section 48. That where nonmineral land not contiguous to the vein or lode is used or occupied
by the proprietor of such vein or lode for mining or milling purposes, such nonadjacent surface
ground may be embraced and included in an application for a patent for such vein or lode, and
the same may be patented therewith, subject to the same preliminary requirements as to survey
and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall
exceed two hectares, and payment for the same must be made at the same rate as fixed by this
Act for the superficies of the lode. The owner of a quartz mill or reduction works not owning a
mine in connection therewith may also receive a patent for his mill site as provided in this
section.
Section 49. That as a condition of sale the Government of the Philippine Islands may provide
rules for working, policing, and sanitation of mines, and rules concerning easements, drainage,
water rights, right of way, right of Government survey and inspection, and other necessary
means to their complete development not inconsistent with the provisions of this Act, and those
conditions shall be fully expressed in the patent. The Philippine Commission or its successors are
hereby further empowered to fix the bonds of deputy mineral surveyors.
Section 50. That whenever by priority of possession rights to the use of water for mining,
agricultural, manufacturing, or other purposes have vested and accrued and the same are
recognized and acknowledged by the local customs, laws, and the decisions of courts, the
possessors and owners of such vested rights shall be maintained and protected in the same, and
the right of way for the construction of ditches and canals for the purposes herein specified is
acknowledged and confirmed, but whenever any person, in the construction of any ditch or
canal, injures or damages the possession of any settler on the public domain, the party
committing such injury or damage shall be liable to the party injured for such injury or damage.
Section 51. That all patents granted shall be subject to any vested and accrued water rights, or
rights to ditches and reservoirs used in connection with such water rights as may have been
acquired under or recognized by the preceding section.
Section 52. That the Government of the Philippine Islands is authorized to establish land districts
and provide for the appointment of the necessary officers wherever they may deem the same
necessary for the public convenience, and to further provide that in districts where land offices
are established proceedings required by this Act to be had before provincial officers shall be had
before the proper officers of such land offices.
Section 53. That every person above the age of twenty-one years, who is a citizen of the United
States, or of the Philippine Islands, or who has acquired the rights of a native of said Islands
under and by virtue of the treaty of Paris, or any association of persons severally qualified as
above, shall, upon application to the proper provincial treasurer, have the right to enter any
quality of vacant coal lands of said Islands not otherwise appropriated or reserved by competent
authority, not exceeding sixty-four hectares to such individual person, or one hundred and
twenty-eight hectares to such association, upon payment to the provincial treasurer or the
collector of internal revenue, as the case may be, of not less than twenty-five dollars per hectare
for such lands, where the same shall be situated more than fifteen miles from any completed
railroad or available harbor or navigable stream, and not less than fifty dollars per hectare for
such lands as shall be within fifteen miles of such road, harbor, or stream: Provided, That such
entries shall be taken in squares of sixteen or sixty-four hectares, in conformity with the rules
and regulations governing the public-land surveys of the said Islands in plotting legal
subdivisions.
Section 54. That any person or association of persons, severally qualified as above provided,
who have opened and improved, or shall hereafter open and improve, any coal mine or mines
upon the public lands, and shall be in actual possession of the same, shall be entitled to a
preference right of entry under the preceding section of the mines so opened and improved.
Section 55. That all claims under the preceding section must be presented to the proper
provincial secretary within sixty days after the date of actual possession and the commencement
of improvements on the land by the filing of a declaratory statement therefor; and where the
improvements shall have been made prior to the expiration of three months from the date of the
passage of this Act, sixty days from the expiration of such three months shall be allowed for the
filing of a declaratory statement; and no sale under the provisions of this Act shall be allowed
until the expiration of six months from the date of the passage of this Act.
Section 56. That the three preceding sections shall be held to authorize only one entry by the
same person or association of persons; and no association of persons, any member of which shall
have taken the benefit of such sections, either as an individual or as a member of any other
association, shall enter or hold any other lands under the provisions thereof; and no member of
any association which shall have taken the benefit of such section shall enter or hold any other
lands under their provisions; and all persons claiming under section fifty-eight shall be required
to prove their respective rights and pay for the lands filed upon within one year from the time
prescribed for filing their respective claims; and upon failure to file the proper notice or to pay
for the land within the required period, the same shall be subject to entry by any other qualified
applicant.
Section 57. That in case of conflicting claims upon coal lands where the improvements shall be
commenced after the date of the passage of this Act, priority of possession and improvement,
followed by proper filing and continued good faith, shall determine the preference right to
purchase. And also where improvements have already been made prior to the passage of this Act,
division of the land claimed may be made by legal subdivisions, which shall conform as nearly
as practicable with the subdivisions of land provided for in this Act, to include as near as may be
the valuable improvements of the respective parties. The Government of the Philippine Islands is
authorized to issue all needful rules and regulations for carrying into effect the provisions of this
and preceding sections relating to mineral lands.
Section 58. That whenever it shall be made to appear to the secretary of any province or the
commander of any military department in the Philippine Islands that any lands within the
province are saline in character, it shall be the duty of said provincial secretary or commander,
under the regulations of the Government of the Philippine Islands, to take testimony in reference
to such lands, to ascertain their true character, and to report the same to the Secretary of the
Interior for the Philippine Islands; and if, upon such testimony, the Secretary of the Interior shall
find that such lands are saline and incapable of being purchased under any of the laws relative to
the public domain, then and in such case said lands shall be offered for sale at the office of the
provincial secretary or such other officer as by the said Government may be described as mining
recorder of the province or department in which the same shall be situated, as the case may be,
under such regulations as may be prescribed by said Government and sold to the highest bidder,
for cash, at a price of not less than three dollars per hectare; and in case such lands fail to sell
when so offered, then the same shall be subject to private sale at such office, for cash, at a price
not less than three dollars per hectare, in the same manner as other lands in the said Islands are
sold. All executive proclamations relating to the sales of public saline lands shall be published in
only two newspapers, one printed in the English language and one in the Spanish language, at
Manila, which shall be designated by said Secretary of the Interior.
Section 59. That no Act granting lands to provinces, districts, or municipalities to aid in the
construction of roads, or for other public purposes, shall be so construed as to embrace mineral
lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the
Act or Acts making the grant.
Section 60. That nothing in this Act shall be construed to affect the rights of any person,
partnership, or corporation having a valid, perfected mining concession granted prior to April
eleventh, eighteen hundred and ninety-nine, but all such concessions shall be conducted under
the provisions of the law in force at the time they were granted, subject at all times to
cancellation by reason of illegality in the procedure by which they were obtained, or for failure
to comply with the conditions prescribed as requisite to their retention in the laws under which
they were granted: Provided, That the owner or owners of every such concession shall cause the
corners made by its boundaries to be distinctly marked with permanent monuments within six
months after this Act has been promulgated in the Philippine Islands, and that any concessions
the boundaries of which are not so marked within this period shall be free and open to
exploration and purchase under the provisions of this Act.
Section 61. That mining rights on public lands in the Philippine Islands shall, after the passage of
this Act, be acquired only in accordance with its provisions.
Section 62. That all proceedings for the cancellation of perfected Spanish concessions shall be
conducted in the courts of the Philippine Islands having jurisdiction of the subject-matter and of
the parties, unless the United States Philippine Commission, or its successors, shall create special
tribunals for the determination of such controversies.Authority for the Philippine Islands
Government to Purchase Lands of Religious Orders and Others and Issue Bonds for Purchase
Price.
Section 63. That the Government of the Philippine Islands is hereby authorized, subject to the
limitations and conditions prescribed in this Act, to acquire, receive, hold, maintain, and convey
title to real and personal property, and may acquire real estate for public uses by the exercise of
the right of eminent domain.
Section 64. That the powers hereinbefore conferred in section sixty-three may also be exercised
in respect of any lands, easements, appurtenances, and hereditaments which, on the thirteenth of
August, eighteen hundred and ninety-eight, were owned or held by associations, corporations,
communities, religious orders, or private individuals in such large tracts or parcels and in such
manner as in the opinion of the Commission injuriously to affect the peace and welfare of the
people of the Philippine Islands. And for the purpose of providing funds to acquire the lands
mentioned in this section said Government of the Philippine Islands is hereby empowered to
incur indebtedness, to borrow money, and to issue, and to sell at not less than par value, in gold
coin of the United States of the present standard value or the equivalent in value in money of said
Islands, upon such terms and conditions as it may deem best, registered or coupon bonds of said
Government for such amount as may be necessary, said bonds to be in denominations of fifty
dollars or any multiple thereof, bearing interest at a rate not exceeding four and a half per centum
per annum, payable quarterly, and to be payable at the pleasure of said Government after dates
named in said bonds not less than five nor more than thirty years from the date of their issue,
together with interest thereon, in gold coin of the United States of the present standard value or
the equivalent in value in money of said Islands; and said bonds shall be exempt from the
payment of all taxes or duties of said Government, or any local authority therein, or of the
Government of the United States, as well as from taxation in any form by or under State,
municipal, or local authority in the United States or the Philippine Islands. The moneys which
may be realized or received from the issue and sale of said bonds shall be applied by the
Government of the Philippine Islands to the acquisition of the property authorized by this
section, and to no other purposes.
Section 65. That all lands acquired by virtue of the preceding section shall constitute a part and
portion of the public property of the Government of the Philippine Islands, and may be held,
sold, and conveyed, or leased temporarily for a period not exceeding three years after their
acquisition by said Government on such terms and conditions as it may prescribe, subject to the
limitations and conditions provided for in this Act: Provided, That all deferred payments and the
interest thereon shall be payable in the money prescribed for the payment of principal and
interest of the bonds authorized to be issued in payment of said lands by the preceding section
and said deferred payments shall bear interest at the rate borne by the bonds. All moneys realized
or received from sales or other disposition of said lands or by reason thereof shall constitute a
trust fund for the payment of principal and interest of said bonds, and also constitute a sinking
fund for the payment of said bonds at their maturity. Actual settlers and occupants at the time
said lands are acquired by the Government shall have the preference over all others to lease,
purchase, or acquire their holdings within such reasonable time as may be determined by said
Government.
MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS
Section 66. That for the purpose of providing funds to construct sewers, to furnish adequate
sewer and drainage facilities, to secure a sufficient supply of water, and to provide all kinds of
municipal betterments and improvements in municipalities, the Government of the Philippine
Islands, under such limitations, terms, and conditions as it may prescribe, with the consent and
approval of the President and the Congress of the United States, may permit any municipality of
said Islands to incur indebtedness, borrow money, and to issue and sell (at not less than par value
in gold coin of the United States) registered or coupon bonds in such amount and payable at such
time as may be determined by the Government of said Islands, with interest thereon not to
exceed five per centum per annum: Provided, That the entire indebtedness of any municipality
under this section shall not exceed five per centum of the assessed valuation of the property in
said municipality and any obligation in excess of such limit shall be null and void.
Section 67. That all municipal bonds shall be in denominations of fifty dollars, or any multiple
thereof, bearing interest at a rate not exceeding five per centum per annum, payable quarterly,
such bonds to be payable at the pleasure of the Government of the Philippine Islands, after dates
named in said bonds not less than five nor more than thirty years from the date of their issue,
together with the interest thereon, in gold coin of the United States of the present standard of
value, or its equivalent in value in money of the said Islands: and said bonds shall be exempt
from the payment of all taxes or duties of the Government of the Philippine Islands, or any local
authority therein, or the Government of the United States.
Section 68. That all moneys which may be realized or received from the issue and sale of said
bonds shall be utilized under authorization of the Government of the Philippine Islands in
providing the municipal improvements and betterment which induced the issue and sale of said
bonds, and for no other purpose.
Section 69. That the Government of the Philippine Islands shall, by the levy and collection of
taxes on the municipality, its inhabitants and their property, or by other means, make adequate
provision to meet the obligation of the bonds of such municipality, and shall create a sinking
fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue:
Provided, That if said bonds or any portion thereof shall be paid out of the funds of the
Government of said Islands, such municipality shall reimburse said Government for the sum thus
paid, and said Government is hereby empowered to collect said sum by the levy and collection of
taxes on such municipality.
Section 70. That for the purpose of providing funds to construct sewers in the city of Manila and
to furnish it with an adequate sewer and drainage system and supply of water the Government of
the Philippine Islands, with the approval of the President of the United States first had, is hereby
authorized to permit the city of Manila to incur indebtedness, to borrow money, and to issue and
sell (at not less than par value in gold coin of the United States), upon such terms and conditions
as it may deem best, registered or coupon bonds of the city of Manila to an amount not
exceeding four million dollars, lawful money of the United States, payable at such time or times
as may be determined by said Government, with interest thereon not to exceed five
per centum per annum.
Section 71. That said coupon or registered bonds shall be in denominations of fifty dollars or any
multiple thereof, bearing interest at a rate not exceeding five per centum per annum, payable
quarterly, such bonds to be payable at the pleasure of the Government of the Philippine Islands,
after dates named in said bonds not less than five nor more than thirty years from the date of
their issue, together with the interest thereon in gold coin of the United States of the present
standard value, or the equivalent in value in money of the said Islands; and said bonds shall be
exempt from the payment of all taxes or duties of the Government of the said Islands, or of any
local authority therein, or of the Government of the United States.
Section 72. That all moneys which may be realized or received from the issue and sale of said
bonds shall be utilized under authorization of said Government of the Philippine Islands in
providing a suitable sewer and drainage system and adequate supply of water for the city of
Manila and for no other purpose.
Section 73. That the Government of the Philippine Islands shall, by the levy and collection of
taxes on the city of Manila, its inhabitants and their property, or by other means, make adequate
provision to meet the obligation of said bonds and shall create a sinking fund sufficient to retire
them and pay the interest thereon in accordance with the terms of issue: Provided, That if said
bonds or any portion thereof shall be paid out of the funds of the Government of said Islands,
said city shall reimburse said Government for the sum thus paid, and said Government is hereby
empowered to collect said sum by the levy and collection of taxes on said city.
FRANCHISES
Section 74. That the Government of the Philippine Islands may grant franchises; privileges, and
concessions, including the authority to exercise the right of eminent domain for the construction
and operation of works of public utility and service, and may authorize said works to be
constructed and maintained over and across the public property of the United States, including
streets, highways, squares, and reservations, and over similar property of the Government of said
Islands, and may adopt rules and regulations under which the provincial and municipal
governments of the Islands may grant the right to use and occupy such public property belonging
to said provinces or municipalities: Provided, That no private property shall be taken for any
purpose under this section without just compensation paid or tendered therefor, and that such
authority to take and occupy land shall not authorize the taking, use, or occupation of any land
except such as is required for the actual necessary purposes for which the franchise is granted,
and that no franchise, privilege, or concession shall be granted to any corporation except under
the conditions that it shall be subject to amendment, alteration, or repeal by the Congress of the
United States, and that lands or rights of use and occupation of lands thus granted shall revert to
the Governments by which they were respectively granted upon the termination of the franchises
and concession under which they were granted or upon their revocation or repeal. That all
franchises, privileges, or concessions granted under this Act shall forbid the issue of stock or
bonds except in exchange for actual cash, or for property at a fair valuation, equal to the par
value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and,
in the case of public-service corporations, shall provide for the effective regulation of the charges
thereof, for the official inspection and regulation of the books and accounts of such corporations,
and for the payment of a reasonable percentage of gross earnings into the Treasury of the
Philippine Islands or of the province or municipality within which such franchises are granted
and exercised: Provided further, That it shall be unlawful for any corporation organized under
this Act, or for any person, company, or corporation receiving any grant, franchise, or concession
from the Government of said Islands, to use, employ, or contract for the labor of persons claimed
or alleged to be held in involuntary servitude; and any person, company, or corporation so
violating the provisions of this Act shall forfeit all charters, grants, franchises, and concessions
for doing business in said Islands, and in addition shall be deemed guilty of an offense, and shall
be punished by a fine of not less than ten thousand dollars.
Section 75. That no corporation shall be authorized to conduct the business of buying and selling
real estate or be permitted to hold or own real estate except such as may be reasonably necessary
to enable it to carry out the purposes for which it is created, and every corporation authorized to
engage in agriculture shall by its charter be restricted to the ownership and control of not to
exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any member
of a corporation engaged in agriculture or mining and for any corporation organized for any
purpose except irrigation to be in any wise interested in any other corporation engaged in
agriculture or in mining. Corporations, however, may loan funds upon real-estate security and
purchase real estate when necessary for the collection of loans, but they shall dispose of real state
so obtained within five years after receiving the title. Corporations not organized in the
Philippine Islands, and doing business therein shall be bound by the provisions of this section so
far as they are applicable.
COINAGE
Section 76. That the Government of the Philippine Islands is hereby authorized to establish a
mint at the city of Manila, in said Islands, for coinage purposes, and the coins hereinafter
authorized may be coined at said mint. And the said Government is hereby authorized to enact
laws necessary for such establishment: Provided, That the laws of the United States relating to
mints and coinage, so far as applicable, are hereby extended to the coinage of said Islands.
Section 77. That the Government of the Philippine Islands is authorized to coin, for use in said
Islands, a coin of the denomination of fifty centavos and of the weight of one hundred and
ninety-two and nine-tenths grains, a coin of the denomination of twenty centavos and of the
weight of seventy-seven and sixteen one-hundredths grains, and a coin of the denomination of
ten centavos and of the weight of thirty-eight and fifty-eight one-hundredths grains, and the
standards of said silver coins shall be such that of one thousand parts by weight nine hundred
shall be of pure metal and one hundred of alloy, and the alloy shall be of copper.
Section 78. That the subsidiary silver coins authorized by the preceding section shall be coined
under the authority of the Government of the Philippine Islands in such amounts as it may
determine, with the approval of the Secretary of War of the United States, from silver bullion
purchased by said Government, with the approval of the Secretary of War of the United States:
Provided, That said Government may in addition and in its discretion recoin the Spanish-Filipino
dollars and subsidiary silver coins issued under the authority of the Spanish Government for use
in said Islands into the subsidiary coins provided for in the preceding section at such rate and
under such regulations as it may prescribe, and the subsidiary silver coins authorized by this
section shall be legal tender in said Islands to the amount of ten dollars.
Section 79. That the Government of the Philippine Islands is also authorized to issue minor coins
of the denominations of one-half centavo, one centavo, and five centavos, and such minor coins
shall be legal tender in said Islands for amounts not exceeding one dollar. The alloy of the five-
centavo piece shall be of copper and nickel, to be composed of three fourths copper and one-
fourth nickel. The alloy of the one-centavo and one-half-centavo pieces shall be ninety-five per
centum of copper and five per centum of tin and zinc, in such proportions as shall be determined
by said Government. The weight of the five-centavo piece shall be seventy-seven and sixteen-
hundredths grains troy, and of the one-centavo piece eighty grains troy, and of the one-half
centavo piece forty grains troy.
Section 80. That for the purchase of metal for the subsidiary and minor coinage, authorized by
the preceding sections, an appropriation may be made by the Government of the Philippine
Islands from its current funds, which shall be reimbursed from the coinage under said sections;
and the gain or seigniorage arising therefrom shall be paid into the Treasury of said Islands.
Section 81. That the subsidiary and minor coinage hereinbefore authorized may be coined at the
mint of the Government of the Philippine Islands at Manila, or arrangements may be made by the
said Government with the Secretary of the Treasury of the United States for their coinage at any
of the mints of the United States, at a charge covering the reasonable cost of the work.
Section 82. That the subsidiary and minor coinage hereinbefore authorized shall bear devices
and inscriptions to be prescribed by the Government of the Philippines Islands, and such devices
and inscriptions shall express the sovereignty of the United States, that it is a coin of the
Philippine Islands, the denomination of the coin, and the year of the coinage.
Section 83. That the Government of the Philippine Islands shall have the power to make all
necessary appropriations and all proper regulations for the redemption and reissue of worn or
defective coins and for carrying out all other provisions of this Act relating to coinage.
Section 84. That the laws relating to entry, clearance, and manifests of steamships and other
vessels arriving from or going to foreign ports shall apply to voyages each way between the
Philippine Islands and the United States and the possessions thereof, and all laws relating to the
collection and protection of customs duties not inconsistent with the Act of Congress of March
eighth, nineteen hundred and two, “temporarily to provide revenue for the Philippine Islands,”
shall apply in the case of vessels and goods arriving from said Islands in the United States and its
aforesaid possessions.The laws relating to seamen on foreign voyages shall apply to seamen on
vessels going from the United States and its possessions aforesaid to said Islands, the customs
officers there being for this purpose substituted for consular officers in foreign ports.
The provisions of chapters six and seven, title forty-eight, Revised Statutes, so far as now in
force, and any amendments thereof, shall apply to vessels making voyages either way between
ports of the United States or its aforesaid possessions and ports in said Islands; and the
provisions of law relating to the public health and quarantine shall apply in the case of all vessels
entering a port of the United States or its aforesaid possessions from said Islands, where the
customs officers at the port of departure shall perform the duties required by such law of
consular officers in foreign ports.
Section three thousand and five, Revised Statutes, as amended, and other existing laws
concerning the transit of merchandise through the United States, shall apply to merchandise
arriving at any port of the United States destined for any of its insular and continental
possessions or destined from any of them to foreign countries.
Nothing in this Act shall be held to repeal or alter any part of the Act of March eighth, nineteen
hundred and two, aforesaid, or to apply to Guam, Tutuila, or Manua, except that section eight of
an Act entitled “An Act to revise and amend the tariff laws of the Philippine Archipelago,”
enacted by the Philippine Commission on the seventeenth of September, nineteen hundred and
one, and approved by an Act entitled “An Act temporarily to provide revenues for the Philippine
Islands, and for other purposes,” approved March eighth, nineteen hundred and two, is hereby
amended so as to authorize the Civil Governor thereof in his discretion to establish the
equivalent rates of the money in circulation in said Islands with the money of the United States
as often as once in ten days.
Section 85. That the Treasury of the Philippine Islands and such banking associations in said
Islands with a paid-up capital of not less than two million dollars and chartered by the United
States or any State thereof as may be designated by the Secretary of War and the Secretary of the
Treasury of the United States shall be depositories of public money of the United States, subject
to the provisions of existing law governing such depositories in the United States: Provided,That
the Treasury of the Government of said Islands shall not be required to deposit bonds in the
Treasury of the United States, or to give other specific securities for the safe-keeping of public
money except as prescribed, in his discretion, by the Secretary of War.
Section 86. That all laws passed by the Government of the Philippine Islands shall be reported to
Congress, which hereby reserves the power and authority to annul the same, and the Philippine
Commission is hereby directed to make annual report of all its receipts and expenditures to the
Secretary of War.
Section 87. That the Division of Insular Affairs of the War Department, organized by the
Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as
the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall
embrace all matters pertaining to civil government in the island possessions of the United States
subject to the jurisdiction of the War Department; and the Secretary of War is hereby authorized
to detail an officer of the Army whom he may consider especially well qualified, to act under the
authority of the Secretary of War as the chief of said Bureau, and said officer while acting under
said detail shall have the rank, pay, and allowances of a colonel.
Section 88. That all Acts and parts of Acts inconsistent with this Act are hereby repealed.
Approved: July 1, 1902.