Protests and Adverse Claims.
SEC. 48. Protests and Adverse Claims. - Any protest or adverse claim of any nature whatsoever involving the right to possession, lease, exploration or exploitation of any mining claim in any part of the Philippines shall be filed with the Bureau of Mines for investigation and decision pursuant to the provisions of Presidential Decree No. 309 and Letter of Instructions No. 119, as amended by Letter of Instructions No. 135. The protest or adverse claim shall be under oath and shall state in detail the nature thereof and shall be accompanied by all plans, documents, and other data upon which the protest or adverse claim is based.
In the case of an adverse claim against a lease application, filed under Section 34 hereof; such adverse claim shall be filed within fifteen (15) days after the first date of publication of the notice of lease application if such claim was not previously investigated and decided under Presidential Decree No. 309. When an adverse claim is filed under this paragraph, all proceedings, except the publication of the notice of application for lease, the submmittal of the affidavit in connection therewith and the processing of applications for temporary permit, shall be stayed until the controversy is settled or decided by the Director: Provided, That the operations and production under a mines temporary permit issued prior to the adverse claim shall be allowed to continue subject to the provisions of Section 33 concerning the posting of bonds.
Priority Rights.
SEC. 49. Priority Rights. - In case of conflict of mining claims, priority of recording shall determine the right to the area, notwithstanding any defect in form or technicality as provided for in Presidential Decree No. 99-A: Provided, That in case of discrepancy between the area described in the declaration of location and the actual area occupied on the ground, the former shall prevail, subject to any question as to the validity of the location of the claim and to the locator's having complied with all the requirements of this Decree.
Appeals.
SEC. 50. Appeals. - Any party not satisfied with the decision or order of the Director may, within five (5) days from receipt thereof, appeal to the Secretary. Decisions of the Secretary are likewise appealable within five (5) days from receipt thereof by the affected party to the President of the Philippines whose decision shall be final and executory.
In all cases, the decisions or order of the Director and the Secretary shall be immediately executory notwithstanding the appeal, unless the President of the Philippines directs otherwise, and the prevailing party has the right to immediately take possession, exploration and exploitation of the mining claims: Provided, however, that the rules and regulations embodied in Mines Administrative Order No. 50, pertaining to the deposit in escrow of the prescribed percentage of the proceeds of the gross sales of the mines produced, shall be complied with for the protection of the interest of the party to whom the mining claim are ultimately and finally awarded.
