Case Digest (G.R. No. 199199) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Maricris D. Dolot, Chairman of the Bagong Alyansang Makabayan-Sorsogon v. Hon. Ramon Paje et al. (G.R. No. 199199, decided May 19, 2014), petitioner Maricris D. Dolot and other community leaders filed on September 15, 2011 a petition for continuing mandamus, damages, attorney’s fees and a Temporary Environment Protection Order (TEPO) with the Regional Trial Court (RTC) of Sorsogon, Branch 53, designated as an environmental court. They alleged that since 2009 they had protested small‐scale iron ore mining operations in Barangays Balocawe and Bon-ot Daco, Municipality of Matnog, Sorsogon, conducted without proper permits; that Matnog’s geology is prone to floods, landslides and subsidence; that Governors Raul and Sally Lee issued unauthorized mining permits; and that the Department of Environment and Natural Resources (DENR) and other officials failed to act, thus violating R.A. 7076, R.A. 7942 and the Local Government Code. They prayed for an order to halt mining, creation of Case Digest (G.R. No. 199199) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Case Origin
- Petitioner
- Maricris D. Dolot, Chairman, Bagong Alyansang Makabayan–Sorsogon
- Respondents
- Hon. Ramon Paje in his capacity as DENR Secretary
- Reynulfo A. Juan, Regional Director, Mines and Geosciences Bureau
- Hon. Raul R. Lee, Governor, Province of Sorsogon
- Antonio C. Ocampo, Jr., Victoria A. Ajero, Alfredo M. Aguilar, Juan M. Aguilar
- Antones Enterprises; Global Summit Mines Dev’t Corp.; TR Ore
- Petition for Continuing Mandamus (Civil Case No. 2011-8338)
- Filing and Allegations (September 15, 2011)
- 2009 protests against iron-ore mining in Matnog for environmental hazards (flooding, liquefaction, landslides)
- Mining operations conducted without required permits; provincial permits allegedly issued beyond authority
- DENR and Presidential Management Staff alleged indifference to community interests
- Violation of RA 7076 (Small-Scale Mining Act), RA 7942 (Philippine Mining Act), Local Government Code
- Prayer for Reliefs
- Writ commanding respondents to stop mining
- Issuance of Temporary Environment Protection Order (TEPO)
- Creation of inter-agency rehabilitation group
- Award of damages and attorney’s fees; return of iron ore
- RTC Proceedings and Dismissal
- Referral to RTC Sorsogon, Branch 53 (designated environmental court)
- Order of Dismissal (September 16, 2011)
- Lack of territorial jurisdiction under SC A.O. No. 7 and Admin. Circular No. 23-2008
- Resolution Denying Reconsideration (October 18, 2011)
- No prior final court decree to support continuing mandamus
- Failure to exhaust administrative remedies
- Non-compliance with requirement to attach judicial affidavits and furnish complaint copy
- Elevation to the Supreme Court
- Petition filed under Rule 45 raising pure questions of law
Issues:
- Jurisdiction
- Whether the RTC, Branch 53, of Sorsogon had jurisdiction to entertain Civil Case No. 2011-8338.
- Dismissal Grounds
- Whether absence of a final court decree, order or decision mandates dismissal of a petition for continuing mandamus.
- Whether the petition was premature for failure to exhaust administrative remedies.
- Whether non-attachment of judicial affidavits and failure to furnish a copy of the complaint to respondents justified outright dismissal.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)