8/6/2019 MGB MC 2000-38 Denial
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2. Curriculum vitae and track records in mining operation and
environmentalmanagement of the technical personnel who shall
undertake the activities inthe submitted Work Program/s; and
3. Affidavit as per Annex A of DMO No. 99-10.
b. The mining application of a mining applicant who has complied
with the
abovestated requirements but has exceeded the maximum area that
may beapplied for or held under an EP, MA or FTAA shall likewise be
subject todenial/rejection. For this purpose, the mining
application that was filed later bythe mining applicant that
resulted in exceeding the maximum area that may beapplied for shall
have the first order of priority for denial/rejection by the
CentralOffice/concerned Regional Office.
Section 3. Procedure for the Denial of Mining Applications
After thoroughly determining that there is/are ground(s) for
denial of the miningapplication pursuant to Section 2 hereof, the
Central Office/concerned Regional Officeshall issue the Order of
Denial duly signed by the Director/concerned Regional Directorand
the pertinent Notice of Issuance of the Order, and sent to the
mining applicantthrough Registered Mail.
The Central Office/concerned Regional Office is enjoined to post
the Orderimmediately upon issuance on its Bulletin Boards for two
(2) consecutive weeks.
The Order of Denial shall be in accordance with the proforma
Order of Denial as
shown in Annex A.
The concerned mining applicant may file its Motion for
reconsideration with theCentral Office for Mineral Reservation
areas or concerned Regional Office for non-Mineral Reservation
areas, or appeal with the DENR Secretary for Mineral
Reservationareas or with the MGB Director for non-Mineral
Reservation Areas, within fifteen (15)days upon receipt of the
Order of Denial.
Areas covered by the mining application of which is subject of
an Order of Denialshall be open to other mining applications if no
Motion for reconsideration or Appeal isfiled within fifteen (15)
days upon receipt by the mining applicant of the pertinent Orderof
Denial.
Section 4. Effectivity
This Memorandum Circular shall take effect immediately.
(Sgd.) HORACIO C. RAMOS
Director
