CONFLICTS/ADVERSE CLAIMS/OPPOSITIONS

Creation of Panel of Arbitrators

1. 3-member Panel of Arbitrators in the Legal Staff of the Regional Office
a. 2 members of the Philippine Bar in good standing and
b. 1 licensed Mining Engineer, Geologist or a professional in a related field
2. Duly designated by the Secretary as recommended by the Director
3. Members of the Panel hear and decide cases in addition to their work in the Department without
additional compensation
4. Members of the Panel shall come from the different bureaus of the Department in the region
5. The presiding officer shall be selected by drawing of lots
6. Tenure of Office
a. Presiding Officer - yearly basis
b. Members - until their designation is withdrawn or revoked by the Secretary

Administrative Support and Structure

1. Provided by the Regional Office

Jurisdiction of Panel of Arbitrators

The Panel of Arbitrators shall have exclusive and original jurisdiction to hear and decide Mining Disputes:
1. Disputes involving rights to mining areas
2. Disputes involving Mineral Agreements, FTAAs or Permits
3. Disputes involving surface owners, occupants, and claimholders/concessionaires; and
4. Disputes pending before the Regional Office and the Department at the date of the effectivity of
the Act
a. Appealed cases before the Department shall be under the jurisdiction of the Mines
Adjudication Board

Substantial Requirements for Adverse Claims, Protests and Oppositions

1. Verified complaint
2. Payment of docket fee
a. Not imposed to pauper litigants
3. Proof of service to respondent/s, either personally or by registered mail
4. Contains the names and addresses of:
a. Adverse party, protestant, oppositor and
b. Respondent and
c. Counsels, if any
5. Detailed statement of the facts relied upon
6. Grounds for adverse claim, protest, or opposition
7. Exhaustive discussion of the issues and arguments raised
8. Supporting plans, documents, data and other documentary evidences
9. Affidavits of all witnesses.

Period to Decide the Case

30 days after the submission of the case by the parties for decision

Execution and Finality of Decision

1. After the lapse 15 days from receipt of the notice of decision by the aggrieved party,
a. Unless the latter appeals to the Mines Adjudication Board within the same period
 2. If appeal is filed, the Panel of Arbitrators concerned shall transmit the notice together with the
records of the case within 5 days to the Mines Adjudication Board
3. Upon finality of the decision of the Panel of Arbitrators
a. Chairman of the Panel of Arbitrators shall issue a writ of execution
b. Direct the Sheriff of the Regional Trial Courts, with jurisdiction over the area, to
implement and execute the writ

MINES ADJUDICATION BOARD/APPEALS

Mines Adjudication Board

1. 3-member board.
a. Chairman: Secretary
b. Members:
i. MGB Director
ii. Undersecretary for Field Operations
2. Power to promulgate rules
a. Litigation and disposition of mining cases before POA
b. Administration and disposition of appealed cases before MAB

Secretariat
1. MGB shall act as Secretariat
2. Provided with permanent and full-time administrative support with sufficient funding in its annual
budget appropriation

Period to Resolve Appeal

Within 30 days from submission of the case by the parties for decision

Powers and Functions of the Board

1. To promulgate rules and regulations governing the hearing and disposition of cases before it, its
internal functions, and those necessary to carry out its functions
2. To administer oaths
3. To summon the parties to a controversy, issue subpoenas
4. To conduct hearings
5. To refer technical matters or accounts to an expert and to accept his/her report as evidence after
hearing of the parties upon due notice
6. To direct parties to be joined in or excluded from the proceedings
7. To correct, amend or waive any error, defect, or irregularity, whether in substance or in form
8. To give all directions as it may deem necessary or expedient in the determination of the dispute
before it
9. To dismiss the mining dispute when
a. it is trivial or
b. where further proceedings by the Board are not necessary or desirable
10. To hold any person in direct or indirect contempt and impose appropriate penalties
11. To enjoin acts involving or arising from any case pending before it
a. Which may cause grave or irreparable damage to any of the parties to the case, or
b. Seriously affect social and economic stability

Rules of Evidence in MAB Proceedings

1. Not be controlling
 2. It is the spirit and intention of this Act that shall govern

Task of MAB to Ascertain Facts

1. Use every and all reasonable means
2. Speedily and objectively
3. Without regard to technicalities of law or procedure

Representation by Legal Counsel

1. Allowed

Findings of fact by MAB

1. Conclusive and binding on the parties and
2. Its decision or order shall be final and executory

Petition for Review by Certiorari

Within 30 days from receipt of the order or decision of MAB to SC