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Section 1. Scope
The following mining applications shall be denied, after due process, by the Central
Office for Mineral Reservations areas or concerned Regional Office for non-Mineral
Reservation areas:
b. The mining application of a mining applicant who has complied with the
abovestated requirements but has exceeded the maximum area that may be
applied for or held under an EP, MA or FTAA shall likewise be subject to
denial/rejection. For this purpose, the mining application that was filed later by
the mining applicant that resulted in exceeding the maximum area that may be
applied for shall have the first order of priority for denial/rejection by the Central
Office/concerned Regional Office.
After thoroughly determining that there is/are ground(s) for denial of the mining
application pursuant to Section 2 hereof, the Central Office/concerned Regional Office
shall issue the Order of Denial duly signed by the Director/concerned Regional Director
and the pertinent Notice of Issuance of the Order, and sent to the mining applicant
through Registered Mail.
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 the
Central Office for Mineral Reservation areas or concerned Regional Office for non-
Mineral Reservation areas, or appeal with the DENR Secretary for Mineral Reservation
areas or with the MGB Director for non-Mineral Reservation Areas, within fifteen (15)
days upon receipt of the Order of Denial.
Section 4. Effectivity