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ALEJA SIBAYAN VDA. DE PINEDA, CLARA SIBAYAN VDA.

DE GADDI, and MIGUELA SIBAYAN RAMENTO

vs.

THE HON. TEODORA PENA, MINISTER OF NATURAL RESOURCES; THEHON. JUANITO FERNANDEZ,
DIRECTOR OF MINES & GEO-SCIENCES; and THE KM. 21 MINING EXPLORATION CORPORATION; THE
BAGUIO GOLD MINING COMPANY, INC.; ELVIRA DE CARMELO and JOSEPH PALENGAOAN

G.R. NO. L-57665 : July 2, 1990

CORTES, J.

Facts:

This case was originated from a protest case for alleged overlapping or encroachment between two
mining claims.

Petitioners executed a Deed of Extra-Judicial Settlement wherein they waived their rights and interest
over the “Ped” claim in favor of co-heir Feliza Sibayan, who subsequently transferred said claims to Sofia
Reyes. On the other hand, the “Ullmann” mining claim was located by Elvira Carmelo and was
transferred to Joseph Palengaoan. Reyes, Palengaoan and several others formed the KM. 21 Exploration
Corporation where the members conveyed their mining claims, including the “Ped” and “Ullman” claims
and were assigned to Baguio Gold Mining Company for operation.

The petitioners filed a Civil Case against the private respondents claiming that the Deed of Extra-Judicial
Settlement was falsified and prayed for the annulment of subsequent transfers. The parties entered into
an amicable settlement agreeing that private respondents will return the ped claim to the petitioners
upon the reimbursement of all expenses like assessment taxes incurred in the preservation of the
claims.

Subsequently, petitioners filed with the Bureau of Mines a complaint against the private respondents for
alleged overlapping and encroachment of the “Ullman” claim over the “Ped” claim. The Director of
Mines rendered a decision declaring that there was no conflict between the mining claims. According to
the findings of the director, the petitioners failed to comply with the requirements set under the PD No.
463 which is the Mineral resource decree of 1974. Since the protest case was filed after the effectivity of
PD No. 46 it is applicable to the petitioners. Under sec. 101 of the said decree, no mining rights shall be
recognized if there is failure to comply with the requirements. Upon appeal to the Minister of Natural
Resources, the appeal was dismissed. The motion for reconsideration was likewise, denied.

Issue:

Whether public respondents have jurisdiction in determining the validity of mining claims.

Whether the public respondents have jurisdiction to pass upon the validity of the Ped claim in a protest
case of overlapping of mining claims

Whether the Minister rendered a judgment with grave abuse of discretion.


Held:

Yes. Petitioners filed the protest case pursuant to Pres. Decree No. 463 which vests the Bureau of Mines
with jurisdiction over protests involving mining claims [Section 48, Pres. Decree No. 463].

Under the same Decree, Section 90 confers upon the Secretary of Natural Resources, upon
recommendation of the Director of Mines, the authority to issue rules, regulations, and orders necessary
to carry out the provisions and purposes of the Decree. In accordance with the statutory grant of rule-
making power, the Department Secretary issued an implementing rule for Pres. Decree No. 463 which
confers the Director, or the Secretary, in case of appeals, may motu proprio look into the validity of
mining claims, whether raised as an issue or not.

It is established in jurisprudence that Congress may validly delegate to administrative agencies the
authority to promulgate rules and regulations to implement a given legislation and effectuate its policies
[People v. Exconde, 101 Phil. 1125 (1957); Director of Forestry v. Munoz, G.R. No. L-24796, June 28,
1968, 23 SCRA 1183]. In order to be valid, the administrative regulation must be germane to the objects
and purposes of the law, conform to the standards that the law prescribes [People v. Exconde,  supra,
citing Calalang v. Williams, 70 Phil. 727 (1940); Pangasinan Transportation v. Public Service Commission,
70 Phil. 221 (1940)], and must relate solely to carrying into effect the general provisions of the law [U.S.
v. Tupasi Molina, 29 Phil. 119 (1914)].

As to the issue of the grave abuse of discretion of the minister, the Supreme Court answered in
affirmative.

The findings of the director that the petitioners failed to comply with the requirements was based on
the evidence submitted by the private respondents which is the certification from the Mine Regional
Office in Baguio City. But it was rebutted by the evidence presented by the petitioners on appeal
consisting of their Affidavit to Avail of Benefits and an Application for Order of Survey of Mining Claim
filed with the Bureau of Mines in Manila. However, it was disregarded by the Minister.

As regards with the failure of the petitioners to perform annual work obligations consisting of payment
of assessment and taxes, petitioners cannot be faulted with non-payment since it was paid by the Gold
Mining Company to which the Ped was assigned by the private respondents for operation despite the
amicable settlement that private respondent promised to return the possession of the Ped claim to
petitioners.

Respondent Minister, in knowing the settlement of the parties, and disregarding the evidence presented
by the petitioners, which would have the effect of reversing the decision of the director of mines,
committed grave abuse of discretion amounting to lack of jurisdiction.

The petition is granted. The decision declaring the petitioners to have abandoned and lost their rights
over the Ped mineral clam is declared Null and Void.

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