REPUBLIC OF THE PHILIPPINES

COURT OF APPEALS
MANILA

SECOND DIVISION

LOPEZ DUMULAG, ET. AL., CA-G.R. SP No. 00019

Petitioners,
Members:

- versus - SALAZAR-FERNANDO, R.A.,

Chairperson,
PIZARRO, N. B., and
SECRETARY, DEPARTMENT OF BARRIOS, M. M., JJ.
ENVIRONMENT AND NATURAL
RESOURCES, ET. AL., Promulgated:
Respondents, February 26, 2013

x------------------------------------------------------------------------------------x

OPEN-COURT
RESOLUTION

PIZARRO, J.:

When this case was called today, February 26, 2013,

the following entered their appearances: from the Office of
the Solicitor General – State Solicitor James Lee Cundangan,
State Solicitor Roel Vincent G. Castro, Associate Solicitor
Gift S. Mohametano, and Associate Solicitor Analyn G.
Avila; from OCEANAGOLD – Atty. Jesus Paolo Y. Protacio,
Atty. Norma Margarita B. Patacsil, and Atty. Jess Raymund
M. Lopez; from the Office of the Mines and Geosciences
Bureau – Atty. Roberto Luis F. Dela Fuente and Mr. Kirby C.
Sagauinit.

The Petitioners are again unceremoniously absent

today, despite notice.

The records of the case were reviewed and the

Division Clerk of Court was required to read from the
record the history of all notices and returns with regard to
the counsels for Petitioners, the details of which are now in
the untranscribed stenographic notes.
CA-G.R. SP No. 00019
Open Court Resolution
page – 2 -

In essence, the Petitioners to date have not submitted

their preliminary conference brief and they had been
absent during the first hearing on January 22, 2013 despite
notice as borne out by the returns which later came in, and
by the returns for today's hearing.

The incident today would have been a hearing on the

SLAPP incident as well as the possible hearing on the
preliminary conference. Unfortunately, the Petitioners'
counsels, despite notice, are absent. Specifically before Us
is an Urgent Motion to Reset, three pages, filed by Atty.
Isagani Z. Mamaril, collaborating counsel for the Petitioners
(there being three(3) counsels appearing for the
Petitioners).

The reasons advanced in the Urgent Motion to Reset

centered on two(2) main items: that there is a need for
Atty. Mamaril to appear before the Municipal Trial Court in
Cities of Baguio City; and there is need to confer with the
Petitioners with regard to the alleged unidentified armed
men in the premises.

The Justices handling this case have deliberated on

the matter and have agreed to deny the Urgent Motion to
Reset for the specific reason that the same is a prohibited
pleading.

Considering also the antecedents of this case, and the

pattern of excuses raised for the absences of the counsels
which to Our minds are, with due respect, “no brainers”,
and for lack of interest and/or for failure to prosecute, this
Division is predisposed to effect the dismissal of this case.

Accordingly, considering that the Writ of Kalikasan is

a high writ in the same mold as that of the Writs of Habeas
Corpus, Amparo and Habeas Data, without recourse, this
case is ordered DISMISSED for lack of interest and/or
failure to prosecute.
CA-G.R. SP No. 00019
Open Court Resolution
page – 3 -

The counsels for the respondents manifested that, in

the meantime, they are not pursuing the SLAPP. In
addition to the parties, let a copy of this resolution be
furnished the Hon. Supreme Court, through the Clerk of
Court, Mde. Enriqueta E. Vidal, for their information and
record purposes.

SO ORDERED.

Given in open Court, February 26, 2013.

NORMANDIE B. PIZARRO
Associate Justice
(Ponente)

WE CONCUR:

REMEDIOS A. SALAZAR-FERNANDO
Associate Justice

MANUEL M. BARRIOS
Associate Justice