MGB MC NO.

2018-01

GUIDELINES IN THE CONDUCT OF

APPREHENSION, SEIZURE, CONFISCATION
AND DISPOSITION OF ILLEGALLY SOURCED
MINERALS/ MINERAL PRODUCTS AND BY-
PRODUCTS, TOOLS, CONVEYANCES AND
EQUIPMENT USED
 LEGAL BASES

1. 1987 Philippine Constitution

2. Republic Act No. 7942 ( The Philippine Mining Act of 1995)
3. DAO 2010-21 (Implementing Rules and Regulations of R.A. No. 7942)
4. Executive Order No. 292 (The Administrative Code of 1987)

 SCOPE

This Circular shall cover and shall be observed in the Mines and
Geosciences Bureau and its Regional Offices.
 GOVERNING PRINCIPLE

Absence of any documents, permits or authority required in the

conduct of mining operations and the transport of minerals/
mineral products and by-products shall be considered as prima
facie evidence of illegal mining.
APPREHENSION (In General)

Definition of Arrest/ Apprehension

 It is the taking of a person into custody in order that he may be

bound to answer for the commission of an offense.

 It is a situation in which the police catch and arrest someone

who has not obeyed the law.
APPREHENSION (In General)

Steps in making an Arrest:

 IDENTIFY YOURSELF and shall inform the person to be arrested of

your authority
 EXPLAIN the cause of the arrest and the law that he violated
 ACTUAL restraint
• No violence or unnecessary force shall be used in making an
arrest
• An officer making a lawful arrest may orally summon as many
persons as he may deem necessary to assist him in effecting
the arrest. Every person so summoned by an officer shall assist
him in effecting the arrest when he can render such
assistance without detriment to himself.
APPREHENSION (In General)

Steps in making an Arrest (Cont.):

 Recital of MIRANDA Rights

• The right to remain silent (Anything he says can be used against

him)
• The right to a competent and independent counsel preferably
of his own choice and that if he cannot afford one, the
government will provide
SALIENT FEATURES
APPREHENSION (under MGB MC 2018-01)

 An Apprehending Team shall be created through a Special Order

by the Director or the RD motu proprio or upon receipt of a report
or complaint.

 Composition of the Apprehending Team:

1. RD or Bureau/ Regional Officer- Team Leader
2. Technical Personnel (2) - Members
3. Legal officer- Member

 Applies to circumstances under Warrantless Arrest

 WARRANTLESS ARREST
[Rule 113, Section 5 (a) and (b)]

In Flagrante Delicto (Caught on the act)

- Person to be arrested has committed, is actually
committing, is attempting to commit an offense.

Hot Pursuit Operation

- Arrest takes effect when a crime has just in fact been
committed and the arresting officer has probable cause to
believe based on personal facts or circumstances that the
person to be arrested has committed it.
Duties and Function of the Apprehending Team (Cont.):
1. VALIDATE information and/or conduct INVESTIGATION
motu proprio or upon receipt of a report or complaint
2. Conduct APPREHENSION
3. DELIVER the offender within 12 hours to Inquest Prosecutor
4. SEIZE illegally-sourced minerals/mineral products and by-
products, tools, conveyances and equipment
5. EXECUTE Sworn Statements
6. Act as WITNESS
7. SUBMIT documentary evidence
8. SUBMIT Investigation Report
9. RECOMMEND the issuance of a Cease and Desist Order
 ARTICLE 125, REVISED PENAL CODE

ARTICLE 125, Revised Penal Code

Delay in the delivery of detained persons to the
proper judicial authorities. — The penalties
provided in the next preceding article shall be
imposed upon the public officer or employee who
shall detain any person for some legal ground
and shall fail to deliver such person to the proper
judicial authorities within the period of:
12 hrs. (light offense-1 to 30 days)
18 hrs. (moderate offenses- 1 mo. & 1day to 6 yrs.)
36 hrs. (heinous crimes – more than 6 yrs.)
 RULE
G.R.: Counting of the prescribed “12-18-36” periods
shall be done by the hour starting from the time of
detention.
x: (a) observance of non-working holidays, during
which it becomes legally and physically impossible to
properly file charges in court;
(b)extraneous factors like means of communication
and transportation, the hour of the arrest or the time of
surrender of an accused.

x-x: If it can be shown that the delay is attended by

MALICE, BAD FAITH or GROSS NEGLIGENCE.
WHAT IS AN INQUEST?
It is an informal and summary investigation conducted
by the public prosecutor in a criminal case
involving persons arrested and detained without the
benefit of a Warrant of Arrest issued by
the court for the purpose of determining
whether said persons should remain under custody
and correspondingly
charged in court.

In the absence of Inquest Prosecutor, complaint may be

filed directly to proper court on the basis of the Affidavit of
the arresting officer.
 SALIENT FEATURES
Definition of Seizure

It is the act of taking something by force or with legal authority.

SEIZURE (Under MGB MC 2018-01)

 All illegally-sourced minerals, mineral products and by-products

including the tools, conveyances and equipment used in the
commission of the offense shall be seized by the Apprehending
Team, subject to further investigation and disposition.
 A corresponding Seizure Receipt shall be issued by the
Apprehending Officer, duly acknowledged by the apprehended
person(s), containing an inventory of all seized items.
Custody and Safekeeping
- Seized items shall be transported and deposited to the
RO concerned, for custody and safekeeping.

- If not immediately feasible, the same shall be placed

under the custody of any mining permittee, nearest local
government authority or the PNP station.

- In any event, the custody shall be duly acknowledged

and received by the official taking custody thereof.

- In case of gold and/or silver metal(s), the same shall be under

the custody and safekeeping of the RO concerned.
 SALIENT FEATURES
CONFISCATION (Under MGB MC 2018-01)

RD concerned shall create a Confiscation Panel

through a Special Order composed of 2 Technical
Personnel and a Legal Officer.

Maximum of 3 hearings only for a period of 30 days for

the reception of evidence.

NO further extension shall be allowed, except for the

most compelling reason.
Issuance of a Resolution
The Confiscation Panel after due process, will issue a
Resolution recommending to RD, either:

- to confiscate the seized items

- to release the seized items

 Motion for Reconsideration and APPEAL on the Order of

Confiscation

- MR 15 days from receipt of the Confiscation Order

- Appeal 15 days from receipt of the denial of the MR

FINAL CONFISCATION ORDER

 SALIENT FEATURES
DISPOSITION (Under MGB MC 2018-01)

CONFISCATED MINERALS/ MINERAL PRODUCTS AND BY-

PRODUCTS THAT ARE SUBJECT OF COURT LITIGATION

G.R.: The RD shall expeditiously dispose the confiscated items.

x: Those subject of judicial proceedings.
x-x: Those that easily deteriorate, representations with the
proper court shall be made for the immediate disposition
through public auction.
CONFISCATED MINERALS/ MINERAL PRODUCTS
AND BY-PRODUCTS

- retained for its own use

- donation to other Government agencies
- public bidding by the MGB through CBACMP

CONFISCATED MINERALS/ MINERAL PRODUCTS

AND BY-PRODUCTS THAT ARE SUBJECT OF COURT
LITIGATION
CONFISCATED TOOLS, CONVEYANCES AND
EQUIPMENT

- subject to forfeiture in favor of the Government.

CONFISCATED GOLD AND SILVER METALS

- No bidding, shall be sold directly to BSP

 APPREHENSION
REPORTS OR COMPLAINTS RECEIVED

APPREHENDING TEAM created through a Special Order

Duly created Apprehending Team proceeds to the area to validate the information received /
conduct investigation

If WITH Valid Permit: If WITHOUT Permit:

0

RELEASE the person/s, minerals, tools Conduct ARREST of the Offender/s

and conveyances.
0

DELIVER arrested person/s to the Prosecutor for

inquest proceedings (Arresting officer(s) to
execute affidavit with supporting evidence)
 SEIZURE
WITHOUT PERMIT OR AUTHORITY TO TRANSPORT

Seizure of Transported Materials Seizure of Equipment/ Tools/ Conveyance

0

Investigate circumstances of transport Note description and specifications , name of

(i.e. source/owner of materials, the owner and driver and other material
destination, kind, volume or quantity) circumstances
0 0
0

Conduct INVENTORY of seized items and Issue

SEIZURE RECEIPT (MGB Form No. 2018-01)
0

TURN OVER seized items to R.O., LGU, PNP for

custody and safekeeping
0

Submit INVESTIGATION REPORT to Director or RD

w/in 72 hours from conclusion of investigation
 CONFISCATION
CONFISCATION PANEL created through a
Special Order
CONFISCATION PANEL convenes

Issue NOTICE OF HEARING to all concerned

Parties

Conduct HEARING

Issue RESOLUTION on the legality or illegality of the mining operation

REGIONAL DIRECTOR

Issue RELEASE ORDER Issue CONFISCATION ORDER

MR filed within 15 days No MR filed within 15 days

MR Denied – APPEAL to MGB Issue FINAL Confiscation

Director Order
 DISPOSITION
FINAL CONFISCATION ORDER

REGIONAL DIRECTOR expeditiously dispose CONFISCATED

ITEMS, except those subject of judicial proceedings

REGIONAL DIRECTOR expeditiously dispose CONFISCATED

ITEMS, except those subject of judicial proceedings

TOOLS, MINERALS or GOLD and OTHER

CONVEYANCE & MINERAL PRECIOUS METALS
EQUIPMENT USED PRODUCTS

FORFEITED in favor Disposed through SOLD directly to

of the Government PUBLIC AUCTION the BSP
~ end ~