Law Summary
Nature of Proceedings
- Proceedings before the Panel and Board are summary in nature.
- Technical rules of evidence are not strictly binding.
- Provisions of Rules of Court may be applied by analogy or suppletory only for expeditious justice.
- Legal counsel representation is optional.
Definitions
- "Board" refers to the Mines Adjudication Board created under the Mining Act.
- "Bureau" means Mines and Geosciences Bureau (MGB).
- "Department" or "DENR" refers to the Department of Environment and Natural Resources.
- Definitions from the Mining Act and its IRR apply unless context dictates otherwise.
Panel of Arbitrators
- Composed of three members: two lawyers from the Philippine Bar and one licensed mining engineer, geologist, or related professional.
- Members designated by the DENR Secretary upon recommendation by the Director of MGB.
- Serves without additional compensation.
- Jurisdiction covers disputes on mining area rights, permits, agreements, surface owner conflicts, and pending cases prior to the Act’s effectivity.
- Venue is the Regional Office of the Bureau having jurisdiction over the subject area.
Procedural Aspects Before the Panel
- Actions commence upon filing adverse claim, protest, or opposition with the Panel or through DENR offices.
- Pleadings must be verified, contain detailed facts, grounds, issues, and evidence, and be accompanied by docket fees unless pauper litigant.
- Service of pleadings and notices must be proved.
- Mandatory conference for amicable settlement within 7 days of case receipt, limited to three conferences within 30 days.
- Position papers/memoranda required if no settlement is reached.
- Hearing conducted only if necessary; decision must be rendered within strict periods.
Handling Non-appearance and Case Management
- Two successive absences by complainant without just cause may lead to dismissal with prejudice.
- Respondent’s non-appearance allows complainant to present evidence ex-parte.
- Cases may be consolidated to avoid delays.
- Postponements allowed only for meritorious grounds.
Board of Mines Adjudication
- Composed of three members: DENR Secretary (Chairman), MGB Director, and DENR Undersecretary for Field Operations.
- Holds exclusive appellate jurisdiction over Panel decisions.
- Powers include rule promulgation, administering oaths, issuing subpoenas, contempt powers, injunction powers.
- Decisions become final and executory within 30 calendar days unless a motion for reconsideration or appeal is filed.
Appeals
- Appeal period is 15 days from receipt of Notice of Decision.
- Grounds for appeal include abuse of discretion, fraud, question of law, and serious error of fact causing irreparable damage.
- Appeal perfected via sworn document, appeal fees, memorandum of appeal and service proof.
- Bond required for monetary awards.
- No extensions for appeal period.
Execution of Decisions
- Execution issues only after final disposals and lapse of appeal period.
- Execution can proceed during appeal upon Board order.
- Stay of execution requires sufficient supersedeas bond.
- Special sheriffs may be designated for enforcement; fines and penalties imposed for non-compliance.
Contempt Powers
- Direct contempt involves disruption in presence of Board or Panel; punishable by fines or imprisonment.
- Appeal from direct contempt by Panel allowed to the Board; Board decision is final.
- Indirect contempt follows Revised Rules of Court.
Injunctions
- Board may grant preliminary injunctions or restraining orders to prevent grave or irreparable harm.
- Temporary restraining orders are effective for a maximum of 20 days.
- Permanent injunction granted after hearing with parties’ testimonies and findings.
- Surety bond required before issuance to protect against wrongful injunction.
- Ocular inspections may be conducted by authorized officials.
Secretariat and Records
- Secretariat composed of qualified personnel mostly from MGB, headed by an Executive Officer.
- Responsible for custody of seal and records, docketing and filing, service of notices, board calendar and minutes, promulgation of decisions, entry of judgment, record remand, and periodic reporting.
Final Provisions
- Separability clause allows unaffected provisions to remain valid if parts are struck down.
- Rules take effect fifteen days after publication.
This comprehensive framework ensures procedural consistency, expedient resolution, due process, and effective enforcement in mining-related disputes adjudicated under the Philippine Mining Act system.