Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 309)
The primary objective of Presidential Decree No. 309 is to establish rules and procedures for the speedy disposition or settlement of conflicting mining claims to hasten the exploitation and development of the country's mineral resources.
The President of the Philippines has the authority to create the panel of investigators composed of three lawyers, appointed upon the recommendation of the Director of Mines.
The panel of investigators consists of three lawyers appointed by the President upon the recommendation of the Director of Mines.
The hearing shall be conducted within one (1) week after issues are joined, and the investigation should be summary in nature, ideally finished within one sitting.
The panel of investigators must submit their reports and recommendations within five (5) days from the termination of the investigation, and the Director of Mines must decide the case within five (5) days from the submission of the report.
Yes, any party not satisfied with the Director of Mines' decision may appeal to the Secretary of Agriculture and Natural Resources within five (5) days. The Secretary shall decide within five (5) days. From the Secretary’s decision, an appeal may be taken within five (5) days to the President, whose decision is final and executory.
No, the decision of the Director of Mines is immediately executory notwithstanding the appeal unless the Secretary of Agriculture and Natural Resources or the President directs otherwise.
No judicial conflict, directly or indirectly involving the mining claims subject of this decree, shall suspend, prejudice, or adversely affect the continuation of possession, exploration, or exploitation of the claims by the party awarded such rights by the appropriate authorities, subject to compliance with escrow requirements under Mines Administrative Order No. 50.
An additional panel of investigators is created in the Department of Agriculture and Natural Resources to further investigate appeals from decisions or orders of the Director of Mines involving claims or rights, with similar requirements and limitations as the Bureau of Mines panel.
The rules under Mines Administrative Order No. 50 require the deposit in escrow of the prescribed percentage of the gross sales proceeds to protect the interests of the party to whom the mining claim is ultimately awarded.
Yes, as much as possible, the members of the panel shall be relieved from their ordinary duties during the investigation and preparation of their report.
The Secretary of Agriculture and Natural Resources, upon recommendation of the Director of Mines, is responsible for issuing the necessary rules and regulations to implement and render effective this decree.
The decree took effect immediately upon signing on October 10, 1973.