WHEREAS,
efforts of the government to encourage and accelerate the development
of our mineral resources has been hampered by difficulties and delays
in the settlement of conflicting mining claims because of obsolete
laws, rules and regulations;chanroblesvirtualawlibrary
WHEREAS, in order to hasten the exploitation and development of our
mineral resources conflicting mining claims must be settled promptly
and decisively;chanroblesvirtualawlibrary
WHEREAS, in order to achieve this it is deemed necessary to update and
amend these laws, rules and regulations;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of the Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081, dated September 21, 1972, and General Order
No. 1, dated September 22, 1972, as amended, do hereby order and
decree, as part of the law of the land the following:cralaw:red
Section 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 recommendation concerning conflicting or adverse claims,
protests or other kinds of opposition involving mining claims, rights,
leases or permits.
Section 2. The hearing of such conflicts shall be
conducted within one (1) week after issued 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.
Section 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. chanroblesvirtualawlibrary
No judicial conflict directly or indirectly involving the mining claims
the subject of this Decree 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 of 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.
Section 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.
Section 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.
Section 6. The members of the panel of investigator
shall, as much as possible, be relieved of their ordinary duties in the
course of the investigation and preparation of their report.
Section 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 Decree. chanroblesvirtualawlibrary
Section 8. All provisions of existing laws, orders,
rules and regulations, or parts thereof, in conflict or inconsistent
herewith are hereby repealed or modified accordingly.
Section 9. This Decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 10th day of October, in the year of Our Lord, nineteen hundred and
seventy-three.
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