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LETTER OF INSTRUCTIONS
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LETTER OF INSTRUCTIONS NO. 135
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, whom I shall appoint upon the recommendation
of the Director of Mines, to investigate and make reports and
recommendations concerning conflicting or adverse claims, protests or
other kinds of opposition 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 recommendations of the investigators shall be submitted to
the Director of Mines 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. All
claimants to any mines subject of litigation
now pending with the Bureau of Mines, Department of Agriculture and
Natural Resources and Office of the President or before any judicial
tribunal shall be given a period of fifteen (15) days after one
publication in any daily newspaper of general circulation throughout
the Philippines of these amendment to Letter of Instructions 119 dated
August 25, 1973 and of the list of litigations, conflicts, claims or
any case whatsoever involving right to possession, lease, exploration,
exploitation of any mining claims in any part of the Philippines to
file an adverse claim of any nature whatsoever with the Bureau of
Mines.
For
the purpose of expediting the exploration and exploitation of our
mineral resources, the proceedings above-described will be so conducted
so that the case so heard by the Director of Mines and/or through the
Panel of Investigators shall be a final adjudication of rights over
mining claim or claims subject of litigations and conflicts including
the exploration and exploitation thereof.
No judicial conflict directly or
indirectly involving the mining claims
the subject of this Letter of Instruction shall in any manner suspend,
prejudice, or adversely affect the continuation of the possession,
exploration or exploitation of the mining claim by the party in whose
favor such possession, exploration or exploitation has been awarded by
the Bureau of Mines or the Department of Agriculture and Natural
Resources or the Office of the President; Provided, however, that the
rules and regulations embodied in Mines Administrative Order No. 50
pertaining to the deposit in escrow of the prescribed percentage of the
proceeds of the gross sales of the production of the mining claims for
the protection of the interests of the party to whom the mining claim
is ultimately and finally awarded, shall be complied with.
4. There shall
likewise be created a panel of
investigators 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
investigators, 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 such 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 11th day of October, in the year of Our Lord, nineteen hundred and seventy-three.
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