The contribution of Robin boundaries on the onset of convection in a horizontal saturated porous layer covered by a free surface on the top is investigated here. The saturated solid matrix is assumed in a regime where the temperature profile of the solid phase differs from a fluid one. Two energy equations are adopted as a consequence of the local thermal non-equilibrium model (LTNE), and four Biot numbers are arising out of the third kind of boundaries imposed on both surfaces. The dimensionless parameters H and gamma which rule the transition from local thermal equilibrium (LTE) to non-equilibrium one or vice versa are taken into account. The cases of equal and different Biot numbers have been considered beside the asymptotic limits of LTE and LTNE one. A linear stability analysis of the basic motionless state has been performed. The perturbation terms of the main steady flows are evaluated in the form of plane waves. The eigenvalue problem is solved either analytically or numerically depending on the temperature gradient of the fluid phase. The analytical solution is handled through a dispersion relation, while the numerical one is computed by the Runge-Kutta solver combined with the shooting method. The variation in Darcy-Rayleigh number and wave number is obtained with respect to Biot numbers for all resulting cases.