Case Digest (G.R. No. 70462) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On January 27, 2004, the Supreme Court, En Banc, resolved G.R. No. 127882, La Bugal–Balaan Tribal Association, Inc. et al. v. Ramos et al., in which indigenous communities, farmers, and several NGOs (petitioners) challenged the constitutionality of Republic Act No. 7942 (Philippine Mining Act of 1995), its Implementing Rules and Regulations (DAO 96-40), and the Financial and Technical Assistance Agreement (FTAA) entered into on March 30, 1995 by the Republic of the Philippines and WMC (Philippines), Inc. (privately known as WMCP), originally a wholly foreign-owned company. Petitioners alleged that RA 7942, DAO 96-40, and the FTAA—promulgated under Executive Order No. 279—facilitated “service contracts” that grant foreign corporations full management and control over Philippine mineral resources, in violation of Section 2(4), Article XII of the 1987 Constitution. After unsuccessfully seeking administrative relief from the DENR in 1997, petitioners filed for prohibitory and mandat Case Digest (G.R. No. 70462) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Petition
- Petitioners: La Bugal-Balaan Tribal Association, Inc. (and various individuals and NGOs) seeking prohibition and mandamus to stop implementation of mining laws and agreements.
- Respondents: Secretary, Department of Environment and Natural Resources (DENR); Director, Mines and Geosciences Bureau (MGB); Executive Secretary; and Western Mining Corporation (Philippines), Inc. (WMCP).
- Challenged Instruments
- Republic Act No. 7942 (Philippine Mining Act of 1995).
- DENR Administrative Order 96-40 s. 1996 (Implementing Rules and Regulations of RA 7942).
- Financial and Technical Assistance Agreement (FTAA) dated March 30, 1995 between the Republic of the Philippines and WMCP, then wholly foreign-owned.
- Procedural History
- Petition filed directly with the Supreme Court; due course granted; memoranda submitted.
- WMCP sold its shares to Filipino-owned Sagittarius Mines, Inc.; DENR approved FTAA transfer; approval challenged but remains disputed on appeal.
Issues:
- Justiciability and Remedies
- Does an actual case or controversy exist and do petitioners have legal standing?
- Are prohibition and mandamus proper remedies, and was the rule on hierarchy of courts respected?
- Validity of Executive Order No. 279
- Did EO 279, which authorized FTAA negotiations, validly take effect given constitutional limits on presidential lawmaking?
- Constitutionality of RA 7942, DAO 96-40 and the FTAA Regime
- Does Section 2, Article XII of the 1987 Constitution limit the President’s agreements with foreign-owned corporations to “technical or financial assistance” only?
- Do the FTAA and its implementing rules confer management or beneficial ownership rights contrary to that constitutional limit?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)