Article 49p. 49

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

concessionaires when conducting mining operations

therein: Provided, That any damage done to the property

of the surface owner, occupant, or concessionaire as a

consequence

of

such

operations

shall

be

properly

compensated

as

may

be

provided

for

in

the

implementing rules and regulations: Provided, further,

That

to

guarantee

such

compensation,

the

person

authorized to conduct mining operation shall, prior

thereto, post a bond with the regional director based on

the type of properties, the prevailing prices in and

around the area where the mining operations are to be

conducted, with surety or sureties satisfactory to the

regional director.

CHAPTER XIII Settlement of Conflicts

Section 77

Panel of Arbitrators

There shall be a panel of arbitrators in the regional office

of the Department composed of three (3) members, two

(2) of whom must be members of the Philippine Bar in

good standing and one a licensed mining engineer or a

professional in a related field, and duly designated by

the

Secretary

as

recommended

by

the Mines and

Geosciences

Bureau

Director.

Those

designated

as

members of the panel shall serve as such in addition to

their work in the Department without receiving any

additional compensation As much as practicable, said

members shall come from the different bureaus of the

Department in the region. The presiding officer thereof

shall be selected by the drawing of lots. His tenure as

presiding officer shall be on a yearly basis. The members

of the panel shall perform their duties and obligations in

hearing and deciding cases until their designation is

withdrawn or revoked by the Secretary. Within thirty (30)

working days, after the submission of the case by the

parties for decision, the panel shall have exclusive and

original jurisdiction to hear and decide on the following:

a. Disputes involving rights to mining areas;

b. Disputes involving mineral agreements or permits;

c. Disputes involving surface owners, occupants and

claimholders/concessionaires; and

d.

Disputes

pending

before

the

Bureau

and

the

Department at the date of the effectivity of this Act.

Section 78

Appellate Jurisdiction

The decision or order of the panel of arbitrators may be

appealed by the party not satisfied thereto to the Mines

Adjudication Board within fifteen (15) days from receipt

thereof which must decide the case within thirty (30)

days from submission thereof for decision.

Section 79

Mines Adjudication Board

The Mines Adjudication Board shall be composed of

three (3) members. The Secretary shall be the chairman

with the Director of the Mines and Geosciences Bureau

and

the

Undersecretary

for

Operations

of

the

Department as members thereof. The Board shall have

the following powers and functions:

a. To promulgate rules and regulations governing the

hearing and disposition of cases before it, as well as

those pertaining to its internal functions, and such rules

and regulations as may be necessary to carry out its

functions;

b.

To

administer

oaths,

summon

the

parties

to

a

controversy, issue subpoenas requiring the attendance

and testimony of witnesses or the production of such

books, papers, contracts, records, statement of accounts,

agreements, and other documents as may be material to

a just determination of the matter under investigation,

and to testify in any investigation or hearing conducted

in pursuance of this Act;

c.

To

conduct

hearings

on

all

matters

within

its

jurisdiction, proceed to hear and determine the disputes

in the absence of any party thereto who has been

summoned or served with notice to appear, conduct its

proceedings or any part thereof in public or in private,

adjourn

its

hearings

at

any

time

and

place,

refer

technical matters or accounts to an expert and to accept

his report as evidence after hearing of the parties upon

due notice, direct parties to be joined in or excluded

from the proceedings, correct, amend, or waive any

error, defect or irregularity, whether in substance or in

form, give all such directions as it may deem necessary

or expedient in the determination of the dispute before

it, and dismiss the mining dispute as part thereof, where

it is trivial or where further proceedings by the Board are

not necessary or desirable:

1. To hold any person in contempt, directly or indirectly,

and impose appropriate penalties therefor; and

2. To enjoin any or all acts involving or arising from any

case pending before it which, if not restrained forthwith,

may cause grave or irreparable damage to any of the

parties

to

the

case

or

seriously

affect

social

and

economic stability.

In

any

proceeding

before

the

Board,

the

rules

of

evidence prevailing in courts of law or equity shall not be

controlling and it is the spirit and intention of this Act

that shall govern. The Board shall use every and all

reasonable means to ascertain the facts in each case

speedily

and

objectively

and

without

regard

to

technicalities of law or procedure, all in the interest of

due process. In any proceeding before the Board, the

parties

may

be

represented

by

legal

counsel.

The

findings of fact of the Board shall be conclusive and

binding on the parties and its decision or order shall be

final and executory.

A petition for review by certiorari and question of law

may be filed by the aggrieved party with the Supreme

Court within thirty (30) days from receipt of the order or

decision of the Board.

CHAPTER XIV Government Share

Section 80

Government

Share

in

Mineral

Production

Sharing

Agreement

The total government share in a mineral production

sharing agreement shall be the excise tax on mineral

products

as

provided

in

Republic

Act

No.

7729,

amending Section 151(a) of the National Internal Revenue

Code, as amended.

Section 81

Government Share in Other Mineral Agreements

The share of the Government in co-production and

joint-venture agreements shall be negotiated by the

Government

and

the

contractor

taking

into

consideration the:

a. capital investment of the project;

b. risks involved;

c. contribution of the project to the economy; and

© 2018 Compiled by RGL

49 of 244