Docket No. : G.R. No.

L- 24548, October 27, 1983

Petitioner: WENCESLAO VlNZONS TAN, THE DIRECTOR OF FORESTRY, APOLONIO THE

SECRETARY OF AGRICULTURE AND NATURAL RESOURCES JOSE Y.
FELICIANO,

Respondent: THE DIRECTOR OF FORESTRY, APOLONIO RIVERA, THE SECRETARY OF

AGRICULTURE AND N ATURAL RESOURCES JOSE Y. FELICIANO, respon dents-
appellees,RAVAGO COMMERCIAL CO., JORGE LAO HAPPICK and ATANACIO
MALLARI,

Source: https://lawphil.net/judjuris/juri1983/oct1983/gr_l_24548_1983.html

Subject: Environmental and Natural Resources Law

Syllabus/ 1.8. Non-impairment clause – CONST. art. III, sec. 10.

Topic:

Facts:

Facts: Wenceslao Vinzons Tan appealed an order from the Court of First Instance (CFI) that
dismissed his petition for certiorari, prohibition, and mandamus.

The Bureau of Forestry advertised public bidding for a tract of forest land in Olongapo,
Zambales in April 1961, which was part of a former U.S. Naval Reservation.

Tan submitted his application along with nine others by the deadline of May 22, 1961. Despite
President Carlos P. Garcia's directive on June 7, 1961, to reserve the area for watershed
purposes, Secretary Cesar M. Fortich later recommended making the area available for
controlled logging.

Tan was eventually awarded the license on April 15, 1963, although other bidders filed
unsuccessful motions for reconsideration. Secretary Benjamin M. Gozon issued a General
Memorandum Order delegating authority to grant timber licenses to the Director of Forestry,
but this was revoked by his successor, Jose Y. Feliciano, on December 19, 1963.

The Acting Director of Forestry signed Tan’s license on the same day but released it on
January 6, 1964, after the revocation. Ravago Commercial Company and Jorge Lao Happick
filed an appeal, leading to the Secretary of Agriculture and Natural Resources revoking Tan's
license on March 9, 1964, declaring it void ab initio. Tan's subsequent petition in the CFI was
dismissed for not stating a sufficient cause of action.

Issues:

1. Whether the petition stated a sufficient cause of action.

2. Whether the revocation of Tan’s timber license was valid.
3. Whether Tan exhausted all available administrative remedies.
4. Whether the action was a suit against the State without its consent.

Ruling: The Supreme Court affirmed the decision of the Court of First Instance of Manila
(CFI), which dismissed the petition of Wenceslao Vinzons Tan for certiorari, prohibition, and
mandamus with preliminary prohibitory injunction. The dismissal was based on the petition's
failure to state a sufficient cause of action.

Ruling Basis: The court found that Tan's timber license was issued without proper authority.
The license had been signed by the Acting Director of Forestry on December 19, 1963, but
was not released until January 6, 1964, after the revocation of the authority to issue such
licenses. Consequently, the license was void ab initio. Additionally, Tan failed to meet the
essential elements of a cause of action, which include the legal right of the plaintiff, the
correlative obligation of the defendants, and the defendants' act or omission violating that right.

Furthermore, Tan did not exhaust all available administrative remedies, as he failed to appeal
to the President of the Philippines before seeking judicial intervention. The principle of
exhaustion of administrative remedies mandates that all administrative avenues be pursued
before resorting to the courts.

Moreover, the action was essentially a suit against the State, which is immune from suit
without its consent. The respondents, acting within the scope of their authority, were deemed
to be acting on behalf of the State itself. The terms of Tan's license included a provision
allowing its revocation if public interests required it, and timber licenses are considered
privileges rather than contracts. These licenses can be withdrawn if public welfare dictates, as
was the case here. The revocation of Tan's license was justified based on the public interest in
conserving the watershed area, which was later declared a forest reserve by Executive
Proclamation No. 238.

Finally, the court took judicial notice of the establishment of the Olongapo Watershed Forest
Reserve, emphasizing the paramount importance of public welfare and environmental
conservation over individual interests. The Philippine Constitution mandates the conservation
and proper utilization of natural resources, which includes protecting watersheds from
deforestation and other destructive practices. Thus, the Supreme Court upheld the lower
court's decision, emphasizing that the interests of public welfare and environmental
conservation outweighed Tan's individual claims.

Vocabulary Words to Remember: