Question & AnswerQ&A (MGB Resolution)
The rules are titled as the "Rules on Pleading, Practice and Procedure before the Panel of Arbitrators and the Mines Adjudication Board."
These Rules apply to all mining cases as delineated under Section 77 of the Philippine Mining Act of 1995 (R.A. 7942) and Section 202 of its Implementing Rules and Regulations (IRR).
The proceedings are summary in nature, subject to due process. Technical rules on evidence obtaining in courts of law are not binding, and the Rules of Court may only be applied by analogy or suppletory manner when practical.
The Panel consists of three members: two must be members of the Philippine Bar in good standing, and one must be a licensed Mining Engineer, Geologist or professional in related fields, all duly designated by the Secretary as recommended by the Director.
The Panel has exclusive and original jurisdiction to hear and decide disputes involving rights to mining areas, mining permits, mineral agreements, financial or technical assistance agreements, disputes involving surface owners, occupants, claimholders or concessionaires, and disputes pending before the Regional Office and the Department at the date of effectivity of the Act.
An adverse claim or protest must be verified, accompanied by the prescribed docket fee (except for pauper litigants), and proof of service to the respondent personally or by registered mail. It must contain a detailed statement of facts, grounds, issues, arguments, and relief sought with supporting documents and affidavits.
Such cases shall, as far as practicable, be consolidated and disposed of by the Panel to whom the first case was assigned, to avoid unnecessary costs or delay.
Appeals may be entertained only on the grounds of abuse of discretion by the Panel, fraud or coercion in obtaining the decision, questions of law, or serious errors in the findings of fact causing grave or irreparable damage to the appellant.
For offenses against the Board, the penalty is a fine not exceeding Five Thousand Pesos (P5,000.00), imprisonment not exceeding five days, or both. Against a Panel, a fine not exceeding One Thousand Pesos (P1,000.00), imprisonment not exceeding one day, or both.
It may be granted when sworn allegations supported by testimony or affidavits show that the act complained of will cause grave or irreparable damage or render ineffectual any decision, and when such relief is necessary to preserve the rights of the parties during the pendency of the case.