Title
Palawan Manganese Mines, Inc. vs. Hon. Ferdo Lopez, in his capacity as Sec. of Agriculture and Natural Resources, et al.
Case
G.R. No. L-7375
Decision Date
May 21, 1955
Dispute over mining claims; PALAWAN MANGANESE filed appeal 44 days after Secretary’s decision, exceeding 30-day limit under amended law; complaint dismissed.

Case Summary (G.R. No. L-7375)

Relevant Dates and Procedural History

On February 13, 1948, Kalawag Mining filed administrative case No. 26 with the Bureau of Mines against Palawan Manganese, alleging unauthorized extraction of minerals from a lode claim Maloocobe No. 1. The Bureau dismissed the case, leading Kalawag Mining to appeal to the Secretary of Agriculture and Natural Resources, who ruled on April 23, 1953. Subsequently, on July 6, 1953, PALAWAN MANGANESE filed a complaint in the Court of First Instance of Palawan, which prompted a motion to dismiss from Kalawag Mining on the basis that the complaint was filed outside the allowed time frame.

Applicable Law

The legal framework applicable to this case includes Section 61 of Commonwealth Act No. 137 as amended by Republic Act No. 746, which took effect on June 18, 1952. This provision stipulates that conflicts arising from mining locations must be brought before the Director of Mines and provides a specific timeline for appeals—30 days from receipt of the Director's decision to the Secretary and subsequently, 30 days to file in a court of competent jurisdiction.

Timeliness of Filing

The core issue addressed by the court was whether the complaint filed by PALAWAN MANGANESE was made within the permissible timeframe. According to the amendments introduced by Republic Act No. 746, the statutory period for appeal was reduced from 90 days to 30 days. Since the Secretary's decision was rendered on April 23, 1953, PALAWAN MANGANESE was required to file their complaint by May 23, 1953. The filing, however, occurred on July 6, 1953, making it 44 days late.

Trial Court's Decision

The trial court granted the motion to dismiss filed by Kalawag Mining, concluding that the late filing was outside the established statutory period. The decision underscores

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