Case Digest (G.R. No. 76265) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Apex Mining Co., Inc. v. Southeast Mindanao Gold Mining Corp. et al. (G.R. Nos. 152613 & 152628, En Banc, November 20, 2009), Apex Mining Co., Inc. and the Balite Communal Portal Mining Cooperative, together with the Mines Adjudication Board (MAB), challenged the validity of Exploration Permit No. 133 (EP 133) originally issued in 1986 to Marcopper Mining Corporation (MMC) under Presidential Decree No. 463. MMC assigned EP 133 to Southeast Mindanao Gold Mining Corporation (SEM) in 1994. SEM filed a Mineral Production Sharing Agreement application which was opposed by Balite, Apex and others. A Panel of Arbitrators (PA) upheld the validity of EP 133 and dismissed all adverse claims; the MAB reversed the PA, excluded 729 hectares covered by DAO No. 66, and gave SEM conditional approval of its application; the Court of Appeals set aside MAB’s decision, declared EP 133 and its assignment to SEM valid and voided DAO No. 66. While the appeal was pending before this Court, President Case Digest (G.R. No. 76265) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Permits
- Petitioners and Respondents
- Apex Mining Co., Inc. (Apex) and Balite Communal Portal Mining Cooperative (Balite) sought mining rights in Diwalwal Gold Rush Area.
- Southeast Mindanao Gold Mining Corporation (SEM), Mines Adjudication Board (MAB), Provincial Mining Regulatory Board (PMRB-Davao), various small-scale miners and cooperatives participated as respondents or intervenors.
- Key Permits and Transactions
- Marcopper Mining Corp. (MMC) was granted Exploration Permit (EP) 133 on March 10, 1986 (expires July 6, 1994).
- On February 16, 1994, MMC assigned EP 133 to SEM without DENR Secretary’s prior approval and in breach of a permit condition limiting use to MMC or its duly authorized agents.
- Administrative and Judicial Proceedings
- Panel of Arbitrators (PA) and MAB
- PA (1997) upheld EP 133, dismissed adverse claims against SEM’s MPSA application.
- MAB (1998) vacated PA, deemed EP 133 expired/non-subsisting, excluded 729 ha under DAO 66, and gave SEM partial award.
- Court of Appeals and En Banc Resolution
- CA (2002) reinstated EP 133 validity, recognized SEM as MMC’s agent, nullified MAB decision.
- Presidential Proclamation No. 297 (Nov. 25, 2002) declared Diwalwal a mineral reservation (8,100 ha) under RA 7942 Sec. 5.
- This Court en banc (2006–2009) decided motions for reconsideration by SEM, Apex, Balite and remanded issues to determine effect of EP 133 assignment, permit expiration, and Proclamation No. 297.
Issues:
- Exploration Permit Validity and Assignment
- Whether MMC’s assignment of EP 133 to SEM violated PD 463 and permit conditions.
- Whether SEM acquired any vested property right in EP 133.
- Effect of Proclamation No. 297 and RA 7942
- Whether Proclamation 297 exceeds Presidential power or violates Art. XII, Sec. 4 (forest limits).
- Whether SEM timely raised its constitutional challenge to Proclamation 297.
- Rights of Apex and Balite
- Whether Apex or Balite has priority or preferential right to explore under first-in-time, first-in-right.
- Whether the Court can direct MGB to accept Apex’s or Balite’s pending exploration permit applications.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)