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PRESIDENTIAL DECREE NO. 1281
PRESIDENTIAL DECREE NO. 1281 -
REVISING COMMONWEALTH ACT NO. 136, CREATING THE BUREAU OF MINES, AND
FOR OTHER PURPOSES
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WHEREAS,
the development of our mineral resources as a primary source of foreign
exchange and as a means for industrial progress has to be maximized for
the good of the national economy;chanroblesvirtualawlibrary
WHEREAS, the Bureau of Mines which is charged with the administration
and disposition of the mineral resources of the country is of pre-war
vintage, having been legally created on November 7, 1936 under
Commonwealth Act No. 136;chanroblesvirtualawlibrary
WHEREAS, the revision of the aforesaid Act would make said agency a
more potent and effective arm of the Government in the administration
and disposition of our mineral resources and responsive to the needs of
the Filipino people in general, and the mining industry, in particular;chanroblesvirtualawlibrary
WHEREAS, it is desirable and imperative to clothe said agency with
adequate powers to enable it to vigorously implement Presidential
Decree No. 463, otherwise known as the "Mineral Resources Development
Decree of 1974"; and
WHEREAS, the revision Commonwealth Act No. 136 would invest in the
Bureau of Mines such functions, powers and duties consistent with
changing situations and existing conditions.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order, as follows:cralaw:red
Section 1. The administrative supervision of the
Bureau of Mines shall remain vested in the Department of Natural
Resources pursuant to Presidential Decree No. 461 dated May 17,
1974. chanroblesvirtualawlibrary
Section 2. The Bureau of Mines shall be headed by a
Director and an Assistant Director, both of whom shall be appointed by
the President.
No person shall be appointed Director or Assistant Director of the
Bureau of Mines unless he is a natural-born citizen of the Philippines,
at least 30 years of age, and shall be of recognized competence
particularly in the fields of mining engineering, geology, metallurgy,
management, law or economics.
Section 3. The Bureau of Mines shall have the
following powers and functions, to wit:cralaw:red
a.) Have direct charge in the administration and
disposition of the mineral lands and mineral resources of the country;chanroblesvirtualawlibrary
b.) To grant, or recommend to the Secretary of
Natural Resources the granting of, mining rights to duly qualified
persons;chanroblesvirtualawlibrary
c.) To issue subpoena and summon witnesses to appear
in any proceedings before the Panel of Investigators created by
Presidential Decree No. 309 and Letter of Instructions Nos. 119 and 135
or in special committees created by the director of mines, and in
appropriate cases, punish said witnesses for contempt, direct or
indirect, in accordance with pertinent provisions of the Rules of Court;chanroblesvirtualawlibrary
d.) To impose fines and/or penalties for violation of
the provisions of Presidential Decree No. 463 or any other laws being
implemented by the Bureau of Mines, the rules and regulations
promulgated thereunder, its orders, decisions and rulings;chanroblesvirtualawlibrary
e.) To confiscated surety, performance, and guaranty
bonds posted with the Bureau of Mines after due notice and
hearing in an order to be promulgated by the Director of Mines;chanroblesvirtualawlibrary
f.) To arrest or order the arrest, even without
warrant, of any person who has committed or is in the act of committing
any of the offenses defined under Presidential Decree No. 463, or any
other laws being implemented by the Bureau of Mines, and seize and
confiscate or order the seizure and confiscation, in favor of the
Government, of the tools and equipment used in the commission of the
offense and the minerals extracted by the offender, and institute
whatever action that may be necessary relative thereto; chanroblesvirtualawlibrary
g.) To deputize, when necessary, any member or unit
of the PC, police agency, barangay or any qualified person to police
all mining activities;chanroblesvirtualawlibrary
h.) To require claim holders/operators as part of
their mining activities to keep in their office complete set of books
of accounts showing all receipts and expenditures, the source of such
receipts, and the object of such expenditures, and assign authorized
representatives of the Bureau of Mines to inspect such books of
accounts;chanroblesvirtualawlibrary
i.) To require claim holders/operators to submit to
the Bureau of Mines a semi-annual report verified under oath
containing: an itemized account or balance sheet for the previous
semester, embracing a full and complete statement of all disbursements,
and receipts, showing from what sources such receipts were derived, and
to whom and for what object or purpose such disbursements or payments
were made; all indebtedness or liabilities incurred, or existing at the
time, and for what the same were incurred, and the balance of money, if
any, on hand; a statement showing the number of men employed, and for
what purpose and the rate of wages paid to each; a full and complete
statement of the work done in said mine, and amount of ore extracted,
from what part of mine taken, the amount of ore extracted, from what
part of mine taken, the amount sent to mill for production, output of
the mill, and its assay value. Every claim holder/operator shall
likewise keep in its office, a full report, under oath, of all
discoveries of ores made in said mine, whether by boring, drifting,
sinking, or otherwise together with the assay value thereof. All
discounts, reports, and correspondence shall be filed with, and shall
be subject to verification by, the Director of Mines;chanroblesvirtualawlibrary
j.) To conduct or undertake geological, mining,
metallurgical, chemical, and other researchers and prepare reports
thereon; and to provide laboratory and technical services to the
general public;chanroblesvirtualawlibrary
k.) To conduct geological and geophysical surveys of
the Philippines and its territorial waters, and to prepare reports and
maps therefor;chanroblesvirtualawlibrary
l.) To conduct other kinds of surveys of all
mineralized areas, and inventory of the mineral resources, of the
Philippines and prepare reports, boundary plans and maps
therefor; chanroblesvirtualawlibrary
m.) To disseminate information concerning the
administration and disposition of mineral lands, mining operations,
utilized of minerals, mineral economics, geological and other surveys,
researches, and such other activities of the Bureau of Mines through
appropriate reports, bulletins and circulars, and to conduct rural
mineral education; chanroblesvirtualawlibrary
n.) To oversee the mining operations of
holders/operators of mining claims more particularly on mining
practices and methods relating to protection of life and property,
economy of operations, prevention of pollution, environmental
protection and mineral conservation, and order the suspension of any or
all mining operations or closure of the mines, if warranted;chanroblesvirtualawlibrary
o.) To require the operator or lessee to take
necessary measures to provide for the growth and development of any
industry suitable for the area, other than mining in order that when
the mine is exhausted or becomes no longer profitable for mining
purposes the people residing therein or those who used to work for the
mine will have a substitute industry or business activity to provide
for their means of livelihood, and to place the mine or leased area in
a condition suitable for habitation or agriculture;chanroblesvirtualawlibrary
p.) To keep records of mining locations, leases,
patents, permits and licenses, and all documents and instrument related
thereto;chanroblesvirtualawlibrary
q.) To furnish any person requesting for the same,
one or more certified copies of any record kept or in the possession of
the Central Office or the Mines Regional Offices or district offices,
upon payment of the required fees therefor;chanroblesvirtualawlibrary
r.) To engage in mineral canvassing, exploration,
development, and exploitation of the mineral resources of the country,
whether found in mineral reservations, in registered mining claims, or
in private and/or public lands; and
s.) To exercise complete management and control over
areas embraced by mineral reservations.
Section 4. For an efficient and effective
implementation of its powers and functions, the Bureau of Mines shall
be composed of Ten (10) Divisions, as follows: chanroblesvirtualawlibrary
1. Administrative Services
2. Budget and Fiscal
3. Accounting
4. Geological Survey
5. Mineral Economics and information
6. Metallurgical and Laboratory Services
7. Mining Technology
8. Mineral Lands and Topographic Survey
9. Marine Mineral Resources
10. Mineral Resources Administration
Existing divisions may be reorganized, merged or abolished, and
additional divisions, sections and units may be established and new
positions therefor created by the Secretary of Natural Resources, upon
the recommendation of the Director of Mines, as may be necessary to
exercise the powers and discharge the functions of the Bureau of Mines
under this Decree. In addition to the existing Planning and Management
Staff, positions requiring highly technical skills and expertise may be
created under the Office of the Director of Mines as the exigency of
the service may require.
The existing mining regions with offices at Baguio City, Metro-Manila,
Daet, Cebu City and Surigao City shall be maintained. upon the
recommendation of the Directors of Mines, the Secretary of Natural
Resources may establish other mining regions as the need for them
arises, the boundaries of which shall so far as practicable coincide
with the boundaries of the corresponding provinces: Provided, however,
That mineral districts may be established by the Secretary of Natural
Resources in existing mining regions, subject to such rules and
regulations that shall be promulgated by him.
Section 5. All existing positions in the Bureau of
Mines, and the incumbents thereto, are hereby retained. The position of
legal officers are hereby changed to mineral rights specialists to be
occupied by incumbent legal officers, and the positions of research
chemists, chemists, economists, and statisticians are likewise hereby
changed to mineral research chemists, mineral chemists, mineral
economists and mineral statisticians, respectively, which shall be
occupied by the incumbents. chanroblesvirtualawlibrary
Section 6. The Bureau of Mines shall have
jurisdictional supervision and control over all holders of mining
claims or applicant for and/or grantees of mining licenses, permits
leases and/or operators thereof, including mining service contracts and
service contractors insofar as their mining activities are concerned;
and in the exercise of such authority, it shall have the power to
enlist thed and support of all law enforcement agencies of the
Government, civil and/or military.
Section 7. In addition to its regulatory and
adjudicative functions over companies, partnerships or persons engaged
in mining exploration, development and exploitation, development and
exploitation, the Bureau of Mines shall have original and exclusive
jurisdiction to hear and decide cases involving:cralaw:red
(a) a mining property subject of different agreements
entered into by the claim holder thereof with several mining operators;chanroblesvirtualawlibrary
(b) complaints from claimowners that the mining
property subject of an operating agreement has not been placed into
actual operations within the period stipulated therein; and
(c) cancellation and/or enforcement of mining
contracts due to the refusal of the claimowner/operator to abide by the
terms and conditions thereof. chanroblesvirtualawlibrary
All actions and decision of the Director of Mines on the above cases
are subject to review, motu propio or upon appeal by any person
aggrieved thereby, by the Secretary of Natural Resources whose decision
shall be final and executory after the lapse of thirty (30) days from
receipt by the aggrieved party of said decision, unless appealed to the
President in accordance with the applicable provisions of Presidential
Decree No. 309 and Letter of Instructions Nos. 119 and 135. chanroblesvirtualawlibrary
Section 8. The Director of Mines is hereby authorized
to create such committees to implement the special projects of the
Bureau of Mines, determine the composition and appoint the members
thereof, and fix their allowances.
Section 9. The Bureau shall establish and operate an
in-service training center for the purpose of upgrading and training
its personnel and new employees and to set aside adequate funds to
enable personnel to obtain special studies and training in colleges or
institutions, here and abroad. chanroblesvirtualawlibrary
Section 10. The Secretary of natural Resources, upon
the recommendation of the Director of mines, shall promulgate the rules
and regulations necessary to implement effectively the provisions of
this Decree.
Section 11. If any section of provision of this
Decree is held or declared unconstitutional or invalid by a
competent court, the other sections or provisions hereof shall
continue to be in force as if the sections or provisions so annulled or
voided had never been incorporated in this Decree.
Section 12. All laws, executive orders, decrees,
rules and regulations or parts thereof, contrary to or inconsistent
with the provisions of this Decree, are hereby repealed and amended or
modified accordingly. chanroblesvirtualawlibrary
Section 13. This decree shall take effect immediately
upon promulgation.
Done in the City of Manila,
this 16th day of January, in the year of Our Lord, nineteen hundred and
seventy-eight.
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