Title
Speedy of Conflicting Mining Claims
Law
Presidential Decree No. 309
Decision Date
Oct 10, 1973
Presidential Decree No. 309 establishes rules and procedures for the speedy resolution of conflicting mining claims in the Philippines, aiming to expedite the development of mineral resources by promptly settling disputes, with a panel of investigators responsible for investigating and making recommendations on conflicting claims, an adverse claim filing process, an appeal process to the President, and the repeal and modification of conflicting laws.

Expedited Hearing and Decision Process

  • Conflicts must be heard within one week after issues are joined.
  • Investigations are summary and preferably completed in one sitting.
  • Reports and recommendations submitted to the Director of Mines within five days after investigation.
  • Director of Mines must decide the case within five days after receiving the report.

Filing of Adverse Claims and Effect on Ongoing Proceedings

  • Claimants involved in existing litigations are given 15 days from publication of specific amendments and lists to file adverse claims with the Bureau of Mines.
  • Proceedings aim for final adjudication on rights over mining claims, including exploration and exploitation.
  • Judicial conflicts do not suspend or prejudice possession, exploration, or exploitation awarded by relevant authorities.
  • Compliance with Mines Administrative Order No. 50 on escrow deposits is required for protection of interests in disputed claims.

Panel of Investigators in the Department of Agriculture and Natural Resources

  • Similar panel created in the Department of Agriculture and Natural Resources, appointed by the President on Secretary’s recommendation.
  • Panel handles further investigations on appeals from decisions/orders of the Director of Mines.
  • Same procedural requirements and limitations as the Bureau of Mines panel apply.

Appeal Procedures and Finality of Decisions

  • Parties may appeal Director of Mines decisions to the Secretary of Agriculture and Natural Resources within 5 days.
  • Secretary must decide appeals within 5 days after receiving the appeal or investigator panel’s report.
  • Further appeal may be taken to the President within 5 days; the President’s decision is final and executory.
  • Decisions by the Director of Mines are immediately executory despite appeals unless otherwise directed.

Duties and Relief of Panel Members

  • Panel members should be relieved from ordinary duties to focus on investigations and report preparation.

Rulemaking Authority

  • Secretary of Agriculture and Natural Resources empowered to issue rules and regulations to implement and enhance effectiveness of the decree.

Repeal and Modification of Conflicting Laws

  • Existing laws, orders, rules, or regulations inconsistent with this decree are repealed or modified accordingly.

Effectivity

  • The decree takes effect immediately upon signing.

Issuances for Implementation

  • Letter of Instruction No. 135 issued by the Office of the President.
  • Mines Administrative Order No. V-49 (Adm.), dated January 15, 1974, issued by the Bureau of Mines concerning summary investigation procedures for mining claim conflicts.

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