Mines and Geosciences Bureau (MGB)

(Part I)
The Mines and Geosciences Bureau (MGB) is the primary government agency under the
Department of Environment and Natural Resources, pursuant to Executive Order No. 192
on June 1987. It is responsible for the conservation, management, development and
proper use of the countrys mineral resources including those in reservations and lands
of public domains.
The Bureau shall advise the Secretary (of the DENR) on matters pertaining to geology and
mineral resources exploration, development, utilization and conservation.
Engr. Leo L. Jasareno Current Director
Services:
o Metallurgical Laboratory Services
o Geological Laboratory Services
o Geological Services
The Bureau shall have the following authority, among others:
a) To have direct charge in the administration and disposition of mineral lands and
mineral resources;
b) To undertake geological, mining, metallurgical, chemical and other researches, as well
as mineral exploration surveys: Provided, that for areas closed to mining applications,
the Bureau can undertake studies for purposes of research and development;
c) To confiscate, after due process, surety, performance and guaranty after notice of
violation;
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, 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;

f) To deputize, when necessary, any member or unit of the PNP and barangays, duly
registered and Department-accredited NGO or any qualified person to police all
mining activities;
g) To assist the Environmental Management Bureau (EMB) under the Department
and/or Department Regional Office in the processing or conduct of environmental
impact assessment in mining projects; and,
h) To exercise such other authority vested by the Act and as provided for in these
implementing rules and regulations.
Bureau is conferred with quasi-judicial powers
o Under PD 1281

The Bureau was vested with jurisdictional supervision and control over all
holders of mining claims or applicants 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.

Section 7 of the law conferred upon the Bureau original and exclusive
jurisdiction to hear and decide cases involving, among others, the
cancellation and/or enforcement of mining contracts due to the refusal of
the claimowner/operator to abide by the terms and conditions thereof.

The trend is to make the adjudication of mining cases a purely

administrative matter. (Atlas Consolidated vs. CA, 182 SCRA 166)

o Exception

Asaphil Construction vs. Tuason, 488 SCRA 126

While the agreement to operate mining claims is a mining contract,

the ground upon which the contract is sought to be annulled is not
due to Asaphils refusal to abide by the terms and conditions of the
agreement, but due to Induplexs alleged violation of the condition
imposed by the BOI in its joint venture agreement with Grefco, Inc.
Also, Tuason sought the nullity of the contract of sale and purchase

of perlite ore, based on the same alleged violation. Obviously, this

raises a judicial question, which is proper for determination by the
regular courts.
o Doctrine of Primary Jurisdiction

Under this doctrine, if the case is such that it requires the expertise,
specialized skill and knowledge of the proper administrative bodies
because technical matters or intricate questions of facts are involved, then
relief must first be obtained in an administrative proceeding before a
remedy will be supplied by the courts even though the matter is within the
proper jurisdiction of a court.

Industrial Enterprise vs. CA, 184 SCRA 426

The doctrine of primary jurisdiction finds application in a case

where the question is what coal areas should be exploited and
developed and which entity should be granted coal operating
contracts over said areas since the question involves a technical
determination by the Bureau as the administrative agency in
possession of the specialized expertise to act on the matter.

o Non-interference by the courts on purely administrative matters

In reviewing administrative decisions of the executive branch of the

government, the findings of fact made therein must be respected, as long
as they are supported by substantial evidence, even if not overwhelming
or preponderant.

The administrative decision in matters within the executive jurisdiction can

only be set aside on proof of gross abuse of discretion, fraud or error of
law.