Creation of Panel of Investigators to Investigate Conflicting Adverse Claims, etc. Involving Mining Claims, etc.

August 25, 1973

LETTER OF INSTRUCTIONS NO. 119

 

1. There shall be created a panel of investigators composed of three lawyers, whom I shall appoint upon the recommendation of the Director of Mines, to investigate and make reports and recommendations concerning conflicting or adverse claims, protests, etc., involving mining claims, rights, leases or permits.

2. The hearing of such conflicts shall be conducted within one (1) week after issues are joined. The investigation shall be summary in nature, if possible to be finished within one sitting. The report and recommendation of the investigators shall be submitted to the Director within five (5) days from the termination of the investigation, and the Director shall decide the case within five (5) days from the submission of such report.

3. The Director should call for all adverse claims to be filed (even in the cases now pending) so that the conflict can be decided with binding effect for all and everybody as in rem.

4. There shall likewise be created a panel of investigators in the Department of Agriculture and Natural Resources, similarly to be appointed by me upon the recommendation of the Secretary, where further investigation may be deemed warranted in connection with appeals from decisions or orders of the Director of Mines involving claims or rights, subject to the same requirements and limitations applicable to the panel of investigators in the Bureau of Mines.

5. Any party not satisfied with the decision or order of the Director of Mines may, within five (5) days from receipt thereof, appeal to the Secretary of Agriculture and Natural Resources who shall render his decision within five (5) days from receipt of the appeal or submission of the report of the Department panel of investigators, as the case may be. From the decision of the Secretary, an appeal may be taken within five (5) days to the President whose decision shall be final and executory.

The decision of the Director of Mines shall be immediately executory, notwithstanding the appeal, unless the Secretary of Agriculture and Natural Resources or the President directs otherwise.

6. The members of the panel of investigators shall, as much as possible, be relieved of their ordinary duties in the course of the investigation and preparation of their report.

7. The Secretary of Agriculture and Natural Resources, upon the recommendation of the Director of Mines, shall issue the necessary rules and regulations to implement and render more effective this letter of instructions.

All other laws, decrees, orders, rules and regulations, or parts thereof, in conflict or inconsistent herewith are hereby repealed or modified accordingly.

DONE in the City of Manila, this 25th day of August, in the year of Our Lord, Nineteen Hundred and Seventy-Three. cdt