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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 119
TO
: The Secretary of Agriculture
and Natural Resources
The Director of Mines
1.
There shall be created a panel of investigators
composed of three lawyers, who I shall appoint upon the recommendation
of the Director of Mines, to investigate and make reports and
recommendations concerning conflicting or adverse claims, protests,
etc., involving mining claims, rights, leases or permits.
2. The hearing
of such conflicts shall be conducted
within one (1) week after issues are joined. The investigation shall be
summary in nature, if possible to be finished within one sitting. The
report and recommendation of the investigator shall be submitted to the
Director within five (5) days from the termination of the
investigation, and the Director shall decide the case within five (5)
days from the submission of such report.
3. The
Director should call for all adverse claims to
be filed (even in the cases now pending) so that the conflict can be
decided with binding effect for all and everybody as in rem.
4. There shall
likewise be created a panel of
investigator in the Department of Agriculture and Natural Resources,
similarly to be appointed by me upon the recommendation of the
Secretary, where further investigation may be deemed warranted in
connection with appeals from decisions or orders of the Director of
Mines involving claims or rights, subject to the same requirements and
limitations applicable to the panel of investigators in the Bureau of
Mines.
5. Any party
not satisfied with the decision or order
of the Director of Mines may, within five (5) days from receipt
thereof, appeal to the Secretary of Agriculture and Natural Resources
who shall render his decision within five (5) days from receipt of the
appeal or submission of the report of the Department panel of
investigator, as the case may be. From the decision of the Secretary,
an appeal may be taken within five (5) days to the President whose
decision shall be final and executory.
The decision of the Director of
Mines shall be immediately executory,
notwithstanding the appeal, unless the Secretary of Agriculture and
Natural Resources or the President directs otherwise.
6. The members
of the panel of investigators shall,
as much as possible, be relieved of their ordinary duties in the course
of the investigation and preparation of their report.
7. The
Secretary of Agriculture and Natural
Resources, upon the recommendation of the Director of Mines, shall
issue the necessary rules and regulations to implement and render more
effective this letter of instructions.
All other laws, decrees, orders, rules and regulations, or parts thereof, in conflict or inconsistent herewith are hereby repealed or modified accordingly.
Done in the City of Manila, this 25th day of August, in the year of Our Lord, nineteen hundred and seventy-three.
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