FOR THE SECRETARY

THRU:
Undersecretary REBECCA C. CHATO
SUBJECT:
Jurisdiction on Inspection of Coal Mines
DATE:
28 September 2015
The following laws, rules, regulations, and other issuances are the bases of the
authority of the Department of Labor and Employment (DOLE), Department of
Environment and Natural Resources (DENR), and Department of Energy (DOE) to
conduct inspection of work premises.
1. Department of Labor and Employment

Article 128, Labor Code (in relation to Rule 1003.04, Occupational Safety
and Health Standards of 1989, as amended) bestows the Secretary of
Labor and Employment or his duly authorized representative with visitorial
and employment power to, among others, assess and direct compliance
by establishments with general labor standards and occupational safety
and health standards; expressly excepted from this power to ascertain
compliance with occupational safety and health standards are the
activities of a lessee regarding safety of mining installations, surface or
underground, within the mining claim or lease, including mine safety,
mineral conservation and problem of pollution in establishments or
workplaces falling under Mining Industry as classified by the National
Economic Development Authority

2. Department of Environment and Natural Resources

Sec. 145, DENR A.O. 2010-21, Series of 2010 (implementing Secs. 66-67
of the Philippine Mining Act of 1995) grants the DENR Regional Director
or his/her duly authorized representative with exclusive jurisdiction over
the conduct of safety inspection of all installations, surface or
underground, in mining/quarrying operations and monitoring of the safety
and health program

DENR A.O. No. 2000, Series of 1998 (implementing Sec. 8 of the

Philippine Mining Act of 1995) provided for the creation of Mine Safety
and Health Section under the Mines and Geosciences Bureau which is in
charge, among others, of the conduct of routinary safety and occupational
health inspection, as well as annual mechanical and electrical inspections
of mining companies

3. Department of Energy

Sec. 24, Department of Energy Act of 1992 accords the Secretary of

Energy or his duly authorized representative with visitorial and examining
authority over nongovernment entities with contracts for the exploration,

development, or utilization of the natural resources for energy purposes in

order to determine the share of the Government in the revenue or product
thereof, and to ascertain all funds collectible and products due the
Government, and that all such funds collectible and products due the
Government have actually been collected or delivered

Rule 954, Bureau of Energy Development (BED) Circ. No. 1, Series of

1978 (implementing the Coal Development Act of 1976) accords the
director of the Bureau of Energy Development or his duly authorized
representative with exclusive jurisdiction to inquire into or inspect the
activities of the coal operator regarding safety of all installations, surface
or underground within the mining area, mine safety, mineral conservation,
problems of pollution and compliance with the terms and conditions

In prcis, therefore, the Secretary of Labor and Employment or his duly

authorized representative has the plenary power to inspect private establishments for
the purpose of giving effect to labor laws and social legislations. However, this power
does not comprehend the inspection of mining companies and coal/oil sites as
subsequent legislations have placed the jurisdiction thereover on the DENR and DOE,
respectively.
For your information
ATTY. CATHERINE LEGADOS-PARADO
Director IV