Mines & Geosciences Bureau; DENR's Powers
Under RA 7942, the power of control and supervision of the DENR Secretary over the MGB to cancel or recommend cancellation of mineral rights clearly demonstrates the authority of the DENR Secretary to cancel or approve the cancellation of mineral agreements.
Under Sec. 9 of RA 7942, the MGB was given the power of direct supervision of mineral lands and resources, thus: Sec. 9. Authority of the Bureau. The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological, mining, metallurgical, chemical, and other researches as well as geological and mineral exploration surveys. The Director shall recommend to the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. The Bureau may confiscate surety, performance and guaranty bonds posted through an order to be promulgated by the Director. The Director may deputize, when necessary, any member or unit of the Philippine National Police, barangay, duly registered nongovernmental organization (NGO) or any qualified person to police all mining activities.
Corollary to the power of the MGB Director to recommend approval of mineral agreements is his power to cancel or recommend cancellation of mining rights covered by said agreements under Sec. 7 of DENR AO 96-40, containing the revised Implementing Rules and Regulations of RA 7942. Sec. 7 reads:
Sec. 7. Organization and Authority of the Bureau. x x x x
The Bureau shall have the following authority, among others:
a. To have direct charge in the administration and disposition of mineral land and mineral resources; x x x x
d. To recommend to the Secretary the granting of mineral agreements or to endorse to the Secretary for action by the President the grant of FTAAs [Financial and Technical Assistance Agreements], in favor of qualified persons and to monitor compliance by the Contractor with the terms and conditions of the mineral agreements and FTAAs.
e. To cancel or to recommend cancellation after due process, mining rights, mining applications and mining claims for non-compliance with pertinent laws, rules and regulations.
It is explicit from the foregoing provision that the DENR Secretary has the authority to cancel mineral agreements based on the recommendation of the MGB Director. As a matter of fact, the power to cancel mining rights can even be delegated by the DENR Secretary to the MGB Director. Clearly, it is the Secretary, not the POA, that has authority and jurisdiction over cancellation of existing mining contracts or mineral agreements. (G.R. No. 169080; December 19, 2007)
FUNCTION OF THE OFFICE OF THE DIRECTOR OF THE MGB: "Office of the Director. The Office of the Director shall exercise overall management, supervision and control of all divisions and other units of the central and regional offices of the MGB; implement the MGB's mandate of taking direct charge in the administration and disposition of mineral lands and mineral resources; promulgate rules and regulations, policies and programs relating to mineral resources management and geosciences developments; and perform such other duties and functions as may be assigned by the DENR Secretary and/or provided by law."
Under Sec. 9 of RA 7942, the MGB was given the power of direct supervision of mineral lands and resources, thus: Sec. 9. Authority of the Bureau. The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological, mining, metallurgical, chemical, and other researches as well as geological and mineral exploration surveys. The Director shall recommend to the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. The Bureau may confiscate surety, performance and guaranty bonds posted through an order to be promulgated by the Director. The Director may deputize, when necessary, any member or unit of the Philippine National Police, barangay, duly registered nongovernmental organization (NGO) or any qualified person to police all mining activities.
Corollary to the power of the MGB Director to recommend approval of mineral agreements is his power to cancel or recommend cancellation of mining rights covered by said agreements under Sec. 7 of DENR AO 96-40, containing the revised Implementing Rules and Regulations of RA 7942. Sec. 7 reads:Sec. 7. Organization and Authority of the Bureau. x x x x
The Bureau shall have the following authority, among others:
a. To have direct charge in the administration and disposition of mineral land and mineral resources; x x x x
d. To recommend to the Secretary the granting of mineral agreements or to endorse to the Secretary for action by the President the grant of FTAAs [Financial and Technical Assistance Agreements], in favor of qualified persons and to monitor compliance by the Contractor with the terms and conditions of the mineral agreements and FTAAs.
e. To cancel or to recommend cancellation after due process, mining rights, mining applications and mining claims for non-compliance with pertinent laws, rules and regulations.
It is explicit from the foregoing provision that the DENR Secretary has the authority to cancel mineral agreements based on the recommendation of the MGB Director. As a matter of fact, the power to cancel mining rights can even be delegated by the DENR Secretary to the MGB Director. Clearly, it is the Secretary, not the POA, that has authority and jurisdiction over cancellation of existing mining contracts or mineral agreements. (G.R. No. 169080; December 19, 2007)
FUNCTION OF THE OFFICE OF THE DIRECTOR OF THE MGB: "Office of the Director. The Office of the Director shall exercise overall management, supervision and control of all divisions and other units of the central and regional offices of the MGB; implement the MGB's mandate of taking direct charge in the administration and disposition of mineral lands and mineral resources; promulgate rules and regulations, policies and programs relating to mineral resources management and geosciences developments; and perform such other duties and functions as may be assigned by the DENR Secretary and/or provided by law."