Case Digest (A.M. No. 14-11-350-RTC)
Facts:
On March 28, 1996, Golden Falcon Mineral Exploration Corporation filed with the DENR Mines and Geosciences Bureau Regional Office No. III (MGB R-III) an Application for Financial and Technical Assistance Agreement (FTAA) covering some 61,136 hectares in San Miguel, San Ildefonso, Norzagaray and San Jose del Monte, Bulacan. On April 29, 1998, MGB R-III denied the application for failure to secure area clearances. Golden Falcon appealed to the MGB Central Office, which affirmed the denial on July 16, 2004, the decision becoming final on August 11, 2004. Meanwhile, on February 10, 2004, four individuals filed Applications for Quarry Permit (AQP) over the same area with the Provincial Environment and Natural Resources Office (PENRO) of Bulacan; on September 13, 2004, Atlantic Mines and Trading Corporation (AMTC) applied for an Exploration Permit (AEP) in part of the area. Relying on a legal opinion that the area opened on April 29, 1998, MGB R-III and the Provincial Mining RegulatorCase Digest (A.M. No. 14-11-350-RTC)
Facts:
- Golden Falcon’s FTAA Application and Denial
- March 28, 1996: Golden Falcon Mineral Exploration Corporation (Golden Falcon) filed an Application for Financial and Technical Assistance Agreement (FTAA) covering 61,136 ha in Bulacan.
- April 29, 1998: DENR–Mines and Geosciences Bureau Regional Office No. III (MGB R-III) denied the FTAA for lack of required DENR clearances.
- November 11, 1998: Golden Falcon appealed the denial to the DENR–MGB Central Office.
- July 16, 2004: MGB Central Office denied the appeal, affirming the April 29, 1998 decision.
- Concurrent and Subsequent Permit Applications
- February 10, 2004: Four individuals filed Applications for Quarry Permit (AQP) with PENRO Bulacan over the same area.
- September 13, 2004: Atlantic Mines and Trading Corporation (AMTC) filed an Application for Exploration Permit (AEP) with PENRO Bulacan covering 5,281 ha.
- October 19, 2004: DENR–MGB Central Office certified finality of the July 16, 2004 denial, effective August 11, 2004.
- May–June 2005: AMTC notified PENRO and MGB R-III of its prior AEP; PENRO’s legal officer opined that the area opened for mining on April 29, 1998.
- July 22, 2005: AMTC formally protested the AQPs (converted to Small-Scale Mining Permit [SSMP] applications) before the Provincial Mining Regulatory Board (PMRB).
- August 8–10, 2005: PMRB endorsed, and Governor dela Cruz issued, four SSMPs to the original quarry applicants.
- Appeal and DENR Secretary’s Decision
- AMTC appealed to DENR Secretary, arguing:
- PMRB failed to resolve its protest before recommending SSMPs.
- The area was under AMTC’s prior AEP and only opened August 11, 2004.
- SSMPs covered non-declared People’s Small-Scale Mining Program areas and iron ore isn’t a quarry resource.
- August 8, 2006: DENR Secretary ruled in favor of AMTC, declaring its AEP valid and nullifying and canceling the four SSMPs.
- Petition to the Supreme Court
- League of Provinces of the Philippines filed a Rule 65 petition seeking:
- Declaration of unconstitutionality of Section 17(b)(3)(iii) LGC and Section 24 RA 7076.
- Prohibition of DENR control over provinces.
- Declaration that DENR Secretary’s nullification of SSMPs is illegal.
Issues:
- Constitutionality of Granting “Control”
- Whether Section 17(b)(3)(iii) of RA 7160 (Local Government Code) and Section 24 of RA 7076 (People’s Small-Scale Mining Act) unconstitutionally confer executive “control” over provinces, infringing local autonomy.
- Extent of DENR Secretary’s Authority
- Whether the DENR Secretary’s act of nullifying, voiding, and canceling SSMPs issued by a Provincial Governor amounts to unconstitutional executive control and usurps devolved provincial powers.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)