Title
Pyro Copper Mining Corporation vs. Mines Adjudication Board-DENR
Case
G.R. No. 179674
Decision Date
Jul 28, 2009
Pyro Copper contested Montague's mining permit, alleging procedural errors and jurisdiction issues. Courts dismissed due to lapses, mootness, and lack of authority, affirming strict procedural compliance and jurisdictional limits.
procedural errors
dismissal
protest
A

Case Digest (G.R. No. 179674)

Facts:

  • Parties and nature of the dispute
    • Petitioner Pyro Copper Mining Corporation was a corporation organized and existing under Philippine laws and engaged in mining.
    • Private respondent Montague Resources Philippines Corporation was a corporation organized and existing under Philippine laws and engaged in mining.
    • Respondents included the Mines Adjudication Board–Department of Environment and Natural Resources (MAB-DENR), the Mines and Geo-Sciences Bureau Director, Horacio C. Ramos; the Regional Director, Samuel T. Paragas; the Regional Panel of Arbitrators; and attorneys and engineers involved with the Panel.
    • The dispute involved petitioner’s opposition to private respondent’s exploration application and the denial of petitioner’s procedural requests in the appellate and review forums.
  • Petitioner’s mineral agreement and subsequent cancellation
    • On 31 March 2000, petitioner’s Application for Mineral Production Sharing Agreement (MPSA), identified as APSA-SF-000089, with the Mines and Geo-Sciences Bureau (MGB) of the DENR, Regional Office No. 1, San Fernando City in La Union, for exploration, development, and commercial utilization of pyrite ore and other mineral deposits in a 4,360.71-hectare land in Dasol, Pangasinan, was approved.
    • MPSA No. 153-2000-1 was issued in petitioner’s favor.
    • On 1 February 2005, the DENR Secretary Michael Defensor issued DENR Memorandum Order (DMO) No. 2005-03 canceling petitioner’s MPSA No. 153-2000-1.
    • Petitioner moved for reconsideration of DMO No. 2005-03.
    • The DENR Secretary denied the reconsideration in a Decision dated 14 June 2005.
  • Private respondent’s exploration permit application and issuance
    • On 12 September 2003, private respondent filed an Application for Exploration Permit with MGB covering the same properties covered by the subsisting APSA-SF-000089 and MPSA No. 153-2000-1 of petitioner.
    • Petitioner filed a Verified Protest/Opposition to private respondent’s Application for Exploration Permit.
    • The Verified Protest/Opposition was allegedly filed with the Panel of Arbitrators on 30 August 2005 and received on 5 September 2005.
    • The case before the Panel of Arbitrators was docketed as Case No. 2005-00012-I.
    • On 1 September 2005, the MGB issued EP No. 05-001 to private respondent.
  • Panel of Arbitrators proceedings
    • In an Order dated 14 September 2005, the Panel of Arbitrators dismissed motu proprio petitioner’s Verified Protest/Opposition based on four stated grounds:
      • The pleading was filed out of time.
      • Because EP No. 05-001 had been issued to private respondent, petitioner’s Verified Protest/Opposition had become moot and academic.
      • The Panel had no authority or jurisdiction to cancel, deny, and/or revoke EP No. 05-001, which was within the issuing authority of MGB.
      • Petitioner failed to include a certification against forum shopping.
    • Petitioner moved for reconsideration.
    • The Panel denied reconsideration in an Order dated 27 December 2005.
  • Appeal to the MAB
    • Petitioner elevated by appeal to the DENR-Mines Adjudication Board (MAB) the Panel orders dated 14 September 2005 and 27 December 2005, docketed as MAB Case No. 0147-06.
    • In a Decision dated 28 December 2006 in MAB Case No. 0147-06, the MAB dismissed petitioner’s appeal on two grounds:
      • The Verified Protest/Opposition was filed beyond the reglementary period.
      • The Verified Protest/Opposition did not include a certification against forum shopping.
  • Petition for Review before the Court of Appeals and dismissal
    • Petitioner filed with the Court of Appeals a Petition for Review under Rule 43 of the 1997 Revised Rules of Civil Procedure, docketed as CA-G.R. SP No. 97663.
    • In a Resolution dated 23 February 2007, the Court of Appeals dismissed the Petition for Review pursuant to Section 7, Rule 43, for failure to attach pertinent and relevant documents required under Section 6 of Rule 43.
    • The pertinent and relevant documents petitioner failed to attach were:
      • The Verified Protest/Opposition referred to in the Panel’s Order dated 14 September 2005.
      • The Motion for Reconsideration and Opposition to the Motion for Reconsideration.
      • The Memorandum referred to in the Panel’s Order dated 27 December 2005.
    • Petitioner filed a Motion for Reconsideration of the Resolution dated 23 February 2007 and attached the required documents.
    • Private respondent nevertheless still prayed for dismissal due to petitioner’s failure to submit proof of Atty. Acsay’s authority to sign the Verification and Certification against Forum Shopping.
    • Petitioner was given an opportunity to submit Atty. Acsay’s written authority but failed to do so.
    • In a Resolution dated 6 September 2007, the Court of Appeals denied petitioner’s Motion for Reconsideration for lack of merit and failure to show Atty. Acsay’s authority to sign the Verification and Certification against Forum Shopping.
  • Petitioner’s c...(Subscriber-Only)

Issues:

  • Authority to sign the verification and certification against forum shopping
    • Whether the Minutes of the Special Meeting dated 22 January 2007 of petitioner’s board sufficiently granted Atty. Acsay authority to sign the Verification and Certification against Forum Shopping accompanying the Petition in CA-G.R. SP No. 97663.
  • Timeliness of petitioner’s Verified Protest/Opposition
    • Whether the Verified Protest/Opposition was filed out of time.
  • Requirement of certification against forum shopping before the Panel of Arbitrators
    • Whether petitioner’s Verified Protest/Opposition filed before the MAB needed to be accompanied by a certification against forum shopping.
  • Mootness of petitioner’s Verified Protest/Opposition due to issuance of exploration permit and cancellation of MPSA
    • Whether issuance of EP No. 05-001 on 1 September 2005 and the DENR Secretary’s issuance of DMO No. 2005-03 on 1 February 2005 canceling petitioner’s...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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