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recommended by the Mines and Geosciences Bureau Director. Those designated as
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members of the panel shall serve as such in addition to their work in the Department
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without receiving any additional compensation As much as practicable, said members
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shall come from the different bureaus of the Department in the region. The presiding
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officer thereof shall be selected by the drawing of lots. His tenure as presiding officer
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shall be on a yearly basis. The members of the panel shall perform their duties and
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obligations in hearing and deciding cases until their designation is withdrawn or revoked
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by the Secretary. Within thirty (30) working days, after the submission of the case by
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the parties for decision, the panel shall have exclusive and original jurisdiction to hear
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and decide on the following;
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a) Questions involving compliance with the established technical guidelines
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and standards herein established, or those to be established by the
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implementing rules and regulations of this Act;
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b) Questions involving the compliance with technical procedures herein
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established, or those to be established by the implementing rules and
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regulations; and
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c) Other similar instances wherein the technological and technical expertise
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of the Department shall be needed.
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Disputes involving real rights, contractual obligations and the other causes of action
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that are outside the technological and technical expertise of the Panel of Arbitrators
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shall be under the jurisdiction of the regular courts or as otherwise provided by other
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special laws.
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Provided, That disputes pending before the Bureau and the Department at the date of
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the effectivity of this Act shall undergo an immediate review within sixty (60) working
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days upon the passage of this Act to determine the cause of action. Those which are
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outside the technical expertise of the Department or Bureau shall be refiled with the
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appropriate court, without costs to the complainant or petitioner.
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Sec. 135.
Appeal. - The decision or order of the panel of arbitrators may be
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appealed by the party not satisfied thereto to the Mines Adjudication Board within
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fifteen (15) days from receipt thereof which must decide the case within thirty (30)
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days from submission thereof for decision.
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Sec. 136. Mines Adjudication Board (MAB). - The Mines Adjudication Board shall
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be composed of three (3) members. The Secretary of the DENR shall be the
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Chairperson with the
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Undersecretary for Operations o f the Department as members thereof. The Board shall
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have the following powers and functions:
Director of the
Mines and Geosciences Bureau and the
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