The Author
The author is a practicing lawyer, who began this law blog in 2011.
LAW PRACTICE
The author took the bar in 2015 and passed the same. She went into private practice and taught as a university professor. She entered the public attorneys office in 2017.
Education
The author is a graduate of Bachelor of Arts in Mass Communication and Bachelor of Laws (conferred with Juris Doctor). She is an alumna of Holy Name University.
Leisure
The author loves to write, travel, and write about her travels.
BLOG
Visit her blog: hitchhikersguidetothephilippines.blogspot.com
Monday, October 28, 2019
Monday, July 8, 2019
Case Digest: MISSMA vs. SMGMC, et al and DENR Secretary Cerilles vs. SMGMC, et al (G.R. No. 149638 & 149916)
G.R. No. 149638, December 10, 2014
MONCAYO INTEGRATED SMALL-SCALE MINERS ASSOCIATION, INC. [MISSMA], Petitioner, v.SOUTHEAST MINDANAO GOLD MINING CORP., JB. MGT. MINING CORP., PICOP RESOURCES, INC., MT. DIWATA UPPER ULIP MANDAYA TRIBAL COUNCIL, INC. AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.
[G.R. NO. 149916]
HON. ANTONIO H. CERILLES, IN HIS CAPACITY AS SECRETARY OF DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Petitioner, v. SOUTHEAST MINDANAO GOLD MINING CORPORATION (SMGMC) AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.
[G.R. NO. 149916]
HON. ANTONIO H. CERILLES, IN HIS CAPACITY AS SECRETARY OF DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, Petitioner, v. SOUTHEAST MINDANAO GOLD MINING CORPORATION (SMGMC) AND BALITE INTEGRATED SMALL-SCALE MINING CORP., (BISSMICO), Respondents.
Bureau of Forest Development (BFD)
Macropper Mining Corporation (Marcopper)
Bureau of Mines and Geo-Sciences (BMGS)
Southeast Mindanao Gold Mining Corp (SMGMC)
4941 hectares within Agusan0Davao-Surigao Forest Reserve (The Forest Reserve)
JB Management Mining Corporation, Davao United Miners Cooperative, Balite Integrated Small Scale Miners Cooperative, MISSMA, PICOP, Rosendo Villaflor, et al., Antonio G. Dacudao, Puting Bato Gold Miners Cooperative, and Romeo Altamera (THE OTHER MINERS)
MONCAYO INTEGRATED SMALL-SCALE MINERS ASSOCIATION, INC. [MISSMA]
FACTS:
Marcopper was given the following permits
over “The Forest Reserve”
Permit to Prospect
|
July 1, 1985
|
By BFD
|
Permit to Explore (EP133)
|
March 10 1986
|
By BMGS
|
Marcopper assigned EP 133 to SMGMC. SMGMC’s Mineral Production Sharing Agreement
(MPSA) application
was ordered published, to which The Other Miners filed their adverse claim. arguing
that as per DAO #66, 729 hec gold rush area of The Forest Reserve in Mt.
Diwalwal as forest land was open for small-scale mining purposes.
DENR
panel of arbitrators ruling: EP 133 VALID; adverse claims against MPSA
#128 DISMISSED.
MINES
ADJUDICATION BOARD (MAB) RULING: SMGMC’s application was given due course but
the area covered by DAO 66 (DAO 66 declared on Dec. 27, 1991, 729 hectares of Agusan-Davao-Surigao Forest Reserve as Forest Land open for small-scale mining purposes), actually occupied and mined by small-scale miners
on or before August 1, 1987 was declared excluded from SMGMC’s application.
They were encouraged to negotiate and come to an agreement
SMGMC and The Other Miners both appealed the MAB ruling (before the
Supreme Court in cases G.R. No.
152613, G.R. No. 152628, G.R. Nos 152619-20, and G.R. Nos. 152870-71)
The
Provincial Mining Regulatory Board of Davao (PMRB) declared and
segregated a 729-hectares gold rush as a People’s Small Scale Mining Area in accordance
with the MAB decision, notwithstanding opposition by SMGMS and a number of
mining companies.
The
DENR secretary affirmed the PMRB’s decision with modification.
SMGMC filed a petition under Rule 43 against
the DENR secretary’s decision.
CA
RULING 1: petition denied.
-
: “no injunction by SC
against MAB decision.
-
: “litis pendentia; MAB
decision involved prejudicial question” (prejudicial since there were other cases already filed on the same issues)
SMGMC MR-ed the CA Ruling.
CA
RULING 2: DENR Secretary’s decision issued with grave abuse of discretion in
excess of jurisdiction.
-SMGMC
may apply and be entitled to a particular area
within the 729 hectares (citing DENR Undersecretary La Viña)
-
:” DENR
Secretary’s outright delineation of the subject area in favor of certain
entities contravenes the mandate of the MAB Decision and the purpose of RA 7076
(People’s Small-Scale Mining Act of 1991), inasmuch as it disenfranchises the
petitioner and other small-scale miners who may apply for and be awarded
small-scale mining contracts by the local government units upon recommendation
of the PMRB after the fulfilment of necessary conditions set forth in the law.“
PETITIONER VS. RESPONDENTS
Petitioner MISSMA filed the first petition for review assailing
CA ruling 2
- Argument: SMGMC already found
guilty of forum shopping and litis pendencia by CA
- the issued in present case and G.R. 132475, assailing MAB’s
decision have the same issue
-PMRB
and the DENR secretary may act (in
segregating and delineating gold rush area, independently of the MAB (which is
a quasi-judicial body tasked to settle mining conflicts, disputes or claims)
DENR secretary Cerilles agreed with MISSMA
-“moot and academic”
(1) then President Macapagal-Arroyo’s
issuance of Proclamation No. 297 excluding an area from Proclamation No.
369 and declaring this as a mineral reservation and as an environmentally
critical area,
(2) this
court’s decision dated June 23, 2006 in G.R. Nos. 152613, 152628, 152619-20,
152870-71 declaring DAO No. 66 as void, declaring EP 133 as expired, and
underscoring the Executive’s power of supervision and control over the
exploration, development, and utilization of the country’s mineral resources.
Respondent PICOP argues
-That PMRB has no authority to declare the 729 hec within
the forest reserve as People’s Small Scale Mining ares
-That there is a difference between “Forest
reserves and “forest reservation”; and that there is a need for Congress to
pass a law reclassigying areas to another use.
-Pres. Arroyo’s Proclamation No. 297
lack congressional concurrence, thus revocable. Also unconstitutional.
The Court ordered the parties to submit their
manifestations on subsequent developments.
SMGMC manifested that the
issues in the present case was mooted by the decision and resolution of the court
in the Consoidated Petitions of Apex (G.R. Nos. 152613 and 152628), Balite Communal Portal
Cooperative (G.R. Nos. 152619-20), and MAB (G.R. Nos. 152870-71) ruling that EP
133 has expired by its non-renewal, that its transfer to SMGMC was void, and
that DAO No. 66 was illegal for having been issued in excess of the DENR
Secretary’s authority.
Counsels for MISSMA and PICOP filed a manifestation that they were
unable to communicate with their clients.
THE DENR SECRETARY submitted an enumeration of developments o the Diwalwal
area as per the PMDC’s letter.
ISSUES:
- Whether the Court of Appeals
can set aside the issue of forum shopping and litis pendencia (SMGMC's
petition in G.R. No. 132475), and dwell on the merits;
- Whether the DENR Secretary’s
decision went beyond the PMRB’s decision, otherwise, whether the DENR
Secretary can modify the PMRB’s decision; and
- Whether the DENR Secretary’s
modification to divide the 729 hectares into two areas contravened the
mandate of the MAB decision and the purpose of Republic Act No. 7076.
RULING:
1.
Issues in present
case MOOT AND ACADEMIC by subsequent developments
a.)
The parties recognized the developments in the present
case in light of the court decisions and Pres. Arroyo’s Proclamation #297
b.)
DENR Administrative Order No. 2002-18 declared an
emergency situation on the Diwalwal gold rush area and ordered the stoppage of
all mining operations in the area;
c.)
Apex Mining vs. SMGMC case
-EP133 expired; and the subsequent transfer to
SMGMC void since assignment was without approval of DENR secretary
- ruling on court regarding the matter is
conclusive between the parties”
-since EP 133
expired and transfer void, SMGMC no longer has any basis over claim or right
over the 729 hectares
- DAO No. 66 (delineating the 729 hectares of
the areas covered by the Agusan-Davao-Surigao Forest Reserve as non-Forest land
open to small-scale mining operations) illegal as it is beyond DENR secretary’s
authority (the DENR Secretary has no
power to convert forest reserves into non-forest reserves. Only the
President has that power)
-Court ruled in the
said case that “the State, through the Executive Department xxx may now award
mining operations in the disputed area xxx”
Then Proclamation
No. 297(Moncayo Compostela Valley excluded and declared as a mineral
reservation and environmentally critical area) was issued. Followed by DENR AO
# 2002-18(emergency situation in gold rush area) and EO # 217 (creating the
National Task Force Diwalwal).
2.
LITIS PENDENTIA
The Court did not decide
on whether there was forum shopping or litis pendencia as the issue was mooted
by Apex Mining vs. SMGMC.
3. The Court discussed
the powers of different agencies in relation to mining activities and laid down
by the relevant laws.
MINES ADJUDICATION BOARD
|
Exclusive and
Original Jurisdiction
a.
Disputes
involving rights to mining areas;
b.
Disputes
involving mineral agreements or permits;
c.
Disputes
involving surface owners, occupants and claimholders/ concessionaires; and
d.
Disputes
pending before the Bureau and the Department at the date of the effectivity
of this Act.
Appellate Jurisdiction
a.
Decisions/orders of the panel of
arbitrators
|
PROVINCIAL MINING REGULATORY BOARD
(created under R.A. 7076
or “People’s Small-Scale Mining Act of 1991)
|
-covers settlement of conflicts over
mining claims
-Sec. 24, R.A. 7076
a. Declare and segregate
existing gold-rich areas for small-scale mining;
b. Reserve future gold and
other mining areas for small-scale mining
c. Award contracts to
small-scale miners
d. Formulate and implement
rules and regulations related to small-scale mining
e. Settle disputes,
conflicts or litigations over conflicting claims within a people’s
small-scale mining area, an area that is declared a small mining area
f. Perform such other
functions as may be necessary to achieve the goals and objectives of this Act
*subject to review by DENR Secretary
*re declaration/setting aside of
People’s Small-Scale Mining Ares in sites onshore suitable for small-scale
mining operations- subject to review by the DENR Secretary thru the Director
|
DENR SECRETARY
|
Sec 26, R.A. 7076
-power of direct supervision
and control over “the program and the activities of the small-scale
miners within the people’s small-scale mining area”
(In administrative law,
supervision means overseeing or the power or authority of an officer to see
that subordinate officers perform their duties. If the latter fail or neglect
to fulfill them, the former may take such action or step as prescribed by law
to make them perform their duties. Control, on the other hand,
means the power of an officer to alter or modify or nullify or set aside what
a subordinate officer ha[s] done in the performance of his
duties and to substitute the judgment of the former for that of the latter.)
-The Court emphasied the DENR Secretary's Power to affirm with
modification (review) the PMRB’s decision
|
EXECUTIVE DEPARTMENT
|
CONSTITUTION
-“[t]he State may directly
undertake such activities, or it may enter into co-production, joint venture,
or production-sharing agreements with Filipino citizens, or corporations or
associations at least sixty per centum of whose capital is owned by such
citizens[.]”103chanRoblesvirtualLawlibrary
-“[t]he President may enter into
agreements with foreign-owned corporations involving either technical or
financial assistance for large scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils according to the
general terms and conditions provided by law, based on real contributions to
the economic growth and general welfare of the country[.]”
SEC 5 OF
R.A. 7942 on mineral reservations
“[m]ining operations in existing
mineral reservations and such other reservations as may thereafter be
established, shall be undertaken by the Department or through a
contractor[.]”
APEX VS. SMGMC
“"Section 5 of Republic Act No.
7942 is a special provision, as it specifically treats of the establishment
of mineral reservations only. Said provision grants the President the power
to proclaim a mineral land as a mineral reservation, regardless of whether
such land is also an existing forest reservation.”
SMGMC vs. Balite Portal Mining Coop.
(involving the same
Diwalwal Gold rush area)
“the State may not be precluded from considering a direct
takeover of the mines, if it is the only plausible remedy in sight to the gnawing
complexities generated by the gold rush.”
|
4.
Validity of
Proclamation # 297 as raised by PICOP
The
Court ruled that the same was not an issue in these cases. The subsequent
development was not litigated, and this is not the proper case to assail its
validity.