Title
Pio vs. Marcos
Case
G.R. No. L-27849
Decision Date
Apr 30, 1974
Mackenzie Pio claims ownership of land and mining rights, disputes Philex Mining's operations; court rules jurisdiction split: surface rights to courts, mining disputes to Director of Mines.

Case Summary (G.R. No. L-27849)

Factual Background

Mackenzie Pio claims ownership of approximately 400 hectares of land in Poquis, Municipality of Tuba, Mountain Province, which he inherited from his father, Artemio Pio. This parcel contains 48 mining claims, allegedly located by his father in the years 1933 and 1934. Pio filed a complaint against Philex Mining Corporation, alleging illegal occupation and extraction of minerals from his land.

Legal Proceedings Initiated by Petitioner

On April 23, 1965, Pio lodged a complaint seeking to recover eight mining claims and surface rights, claiming that Philex unlawfully occupied and mined resources without consent. He requested a preliminary injunction to prevent further mining operations. The Court initially deferred action on the injunction petition but later ordered its issuance, contingent upon an injunction bond from Pio, which was fixed at P50,000.

Philex Mining Corporation's Response

Philex contested Pio's ownership argument and asserted its rights based on contracts of lease with the Nevadas, who hold mining rights from the government. Philex contended that it had acted with consent from the legitimate owners and that Pio’s claims were unsubstantiated.

Jurisdictional Issues Raised by Intervenors

Intervenors, including the Nevadas, filed motions questioning the jurisdiction of the Court of First Instance over matters of mining disputes, citing Republic Act 4388. This law vests exclusive jurisdiction over mining disputes in the Director of Mines, with appeals to the Secretary of Agriculture and Natural Resources, circumventing the trial courts.

Court’s Interpretation of Jurisdiction

The Court ruled that Pio’s second cause of action, which questioned Philex's right to operate mining claims, fell beyond the jurisdiction of the Court of First Instance and validated the Nevadas' right to lease the mining claims to Philex. The Court highlighted that jurisdiction regarding mining disputes lies exclusively with the Director of Mines, rendering Pio's challenge unhearable in a regular court.

Discretionary Power of the Court

The Court also addressed the discretionary nature of issuing injunctions. It found that the issuance of a writ was not a ministerial duty as characterized by Pio, who alleged that the respondent judge must issue the injunction after a precedent order. Instead, the Judge retains discretion to evaluate pending motions, primarily Philex's request for reconsideration regarding the initial injunction.

Findings on Preliminary Injunction

The petition for mandamus to compel the respondent court to issue a preliminary injunction was dismissed. The Court found that Pio did not establish a clear and certain right nor a legal duty for the judge to issue the writ. Furthermore, the ongoing motion for reconsideration from Philex related to the injunction order warranted delaying such issuance.

Intervenors' Claims and Counter-Claims

The Court noted several intervenors, including the Montillas and Nicolases, whose claims were rooted in co-ownership and alleged breaches of trust concerning contracts with Philex. The court upheld that these claims presented valid substantive issues warranting judicial resolution, distinct from the initia

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