Case Digest (G.R. No. 191537)
Facts:
Petitioners Paulino M. Alecha, Felix B. Unabia, Ricardo A. Tolino, and Mario A. Catanes filed a petition for certiorari under Rule 65 assailing the DENR resolution dated December 16, 2009 dismissing their petition for cancellation of a Mineral Production and Sharing Agreement granted to 168 Ferrum Pacific Mining Corporation (168 FPMC). The challenged grant followed Cebu Ore’s 2003 MPSA application assigned to 168 FPMC and the DENR Secretary’s approval on August 21, 2008; petitioners had moved for cancellation over alleged failure to secure FPIC, location within forest reserve and the Mt. Sugarloaf Complex key biodiversity area, and threats to local livelihoods.Issues:
- Did the petitioners commit forum shopping by filing a separate writ of kalikasan petition?
- Did the petitioners exhaust available administrative remedies before resorting to Rule 65 certiorari?
- Did the DENR Secretary gravely abuse his discretion in dismissing the petition for cancellation of 168 FPMC’s mining
Case Digest (G.R. No. 191537)
Facts:
- Background of the application and parties
- Cebu Ore and Mineral Resources Corporation (Cebu Ore) filed an application on December 22, 2003 for approval of a Mineral Production Sharing Agreement (ASPA-101-IX) covering about 8,100 hectares in Midsalip and Bayog, Zamboanga del Sur.
- 168 Ferrum Pacific Mining Corporation (168 FPMC) received an assignment of Cebu Ore’s rights over the subject mining agreement.
- Jose L. Atienza, Jr., then Secretary of the Department of Environment and Natural Resources (DENR), granted the mining agreement to 168 FPMC on August 21, 2008.
- Petition for cancellation and allegations
- Paulino M. Alecha, Felix B. Unabia, Ricardo A. Tolino and Mario A. Catanes (petitioners) filed a petition for cancellation of the mining agreement in DENR Case No. 8714, lodged about eight months after the grant.
- Petitioners’ main allegations were that 168 FPMC (a) failed to secure Free and Prior Informed Consent (FPIC) of the Indigenous Peoples (IPs); (b) proposed mining in volcanic cones of the Mt. Sugarloaf Complex, a declared Key Biodiversity Area and forest reserve; and (c) would destroy local residents’ lives and livelihoods.
- 168 FPMC’s submissions and NCIP documentation
- 168 FPMC denied the allegations and asserted it observed the FPIC process.
- 168 FPMC submitted an NCIP Compliance Certificate (Certification Precondition) stating that it satisfactorily complied with procedures for issuance of a Certification Precondition and the FPIC under NCIP Administrative Order No. 01, Series of 2006, and citing NCIP En Banc Resolution No. 303, Series of 2008 approving issuance subject to a Memorandum of Agreement (MOA) with affected IPs.
- 168 FPMC submitted a Memorandum of Agreement executed with affected IPs and an illustration showing the nearest Mt. Sugarloaf volcanic cones to be 9 kilometers from the contract area.
- DENR administrative consideration and dismissal
- The DENR Secretary considered records submitted for 168 FPMC’s mining application and, on December 16, 2009, dismissed the petition for cancellation in DENR Case No. 8714.
- Documents considered included: Approved Area Status and Clearance (May 18, 2004) by the One-Stop-Shop Committee, DENR Region IX; multiple certifications of posting of the Notice of Application for MPSA; registry receipts and mayoral certifications; affidavits of publication in newspapers; affidavit of radio announcement; Panel of Arbitrators certification of no adverse claim; and the NCIP Certification Precondition or MOA or Field-Based Investigation reports.
- The DENR Secretary concluded that 168 FPMC followed legal processes, secured FPIC, and that the NCIP Certification Precondition was the best evidence of compliance; he also noted screening by the One-Stop-Shop Committee to ensure the area did not fall within reservation or protected area.
- Subsequent administra...(Subscriber-Only)
Issues:
- Core and primary legal issue presented
- Whether the DENR Secretary gravely abused his discretion in dismissing the petition for cancellation of 168 FPMC’s mining agreement.
- Subsidiary issues arising from the petition and record
- Whether the petitioners committed forum shopping by also filing a writ of kalikasan petition.
- Whether petitioners failed to exhaust available administrative remedies, specifically (a) filing a motion for reconsideration before the DENR and (b) appealing to the Office of the President within thirty days under Administrative Order No. 18, Series of 1987, Section 1.
- Whether the DENR Secretary’s reliance on documents in his possession without separate notification to petitioners violated due process.
- Whether the NCIP Certification Precondition and MOA constitute valid proof of compliance with FPIC. ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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