Title
Supreme Court
Republic vs. Rosemoor Mining and Development Corporation
Case
G.R. No. 149927
Decision Date
Mar 30, 2004
A mining license exceeding the 100-hectare limit under P.D. No. 463 was voided by the Supreme Court, upholding its cancellation as a valid exercise of police power and public interest, overriding claims of due process and property rights violations.

Case Digest (G.R. No. 189792)
Expanded Legal Reasoning Model

Facts:

  • Background and grant of license
    • Four individuals (Dr. Lourdes S. Pascual, Dr. Pedro De la Concha, Alejandro De La Concha, Rufo De Guzman) prospected high-quality marble in Mount Mabio, Biak-na-Bato, Bulacan and incurred substantial expenses.
    • After complying with conditions, the Bureau of Mines (now MGB) issued Quarry License Permit (QLP) No. 33 on August 3, 1982, in favor of Rosemoor Mining and Development Corporation covering 330.3062 hectares.
  • Cancellation and preliminary injunction
    • On September 6, 1986, DENR Minister Ernesto R. Maceda notified Rosemoor of the cancellation of QLP No. 33 for violation of Section 69, PD 463 (max 100 ha per province) and on public-interest grounds, later confirmed by Proclamation No. 84.
    • Petitioners secured a preliminary injunction (February 28, 1992) after filing a P1,000,000 bond; the RTC on September 27, 1996 set aside the cancellation as unconstitutional deprivation without due process and ex post facto.
  • Appeals
    • The Court of Appeals (CA-GR SP No. 46878) affirmed the RTC decision in toto, ruling the license a property right protected under due process and non-impairment clauses.
    • This Supreme Court Petition for Review under Rule 45 challenges (a) issuance of QLP No. 33 in violation of PD 463 § 69 and (b) validity of Proclamation No. 84 as an ex post facto or impairing contract.

Issues:

  • Whether QLP No. 33 was issued in blatant contravention of Section 69, PD 463 (limiting quarry licenses to 100 ha per province), rendering it void ab initio.
  • Whether Proclamation No. 84, which declared QLP No. 33 a patent nullity and restored the land to Biak-na-Bato National Park, is valid, and whether the constitutional prohibition against ex post facto laws or non-impairment of contracts applies.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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