CASE 2016-0020: BASIANA MINING EXPLORATION CORPORATION, BASIANA MINERALS DEVELOPMENT CORPORATION AND RODNEY 0. BASIANA , IN HIS OWN PERSONAL CAPACITY AS PRESIDENT AND DULY AUTHORIZED REPRESENTATIVE OF BASIANA MINING EXPLORATION CORPORATION AND BASIANA MINING DEVELOPMENT CORPORATION -VERSUS HON. SECRETARY OF THE, DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES AND SR METALS INC. (SRMI) (GR. NO. 191705, 07 MARCH 2016, REYES, J.) (SUBJECT/S: WHETHER COURT HAS JURISDICTION OVER DENR DECISION ON MINING APPLICATIONS; ADJUDICATIVE POWERS VS ADMINISTRATIVE POWERS; DOCTRINE OF PRIMARY JURISDICTION; DOCTRINE OF NON-EXHAUSTION OF ADMINISTRATIVE REMEDIES) (BRIEF TITLE: BASIANA MINING VS. DENR ET AL.)
DISPOSITIVE:
“WHEREFORE, the petition is DENIED. The Amended Decision dated June 18, 2009 of the Court of Appeals in CA-G.R. SP No. 103033 is AFFIRMED.
SO ORDERED.”
SUBJECTS/DOCTRINES/DIGEST:
DENR APPROVED THE MINING APPLICATION OF RESPONDENT SRMI AND ENTERED INTO MINING AGREEMENT WITH THEM. PETITIONERS FILED PETITION FOR REVIEW AT CA ASSAILING THE ACT OF DENR. DOES CA HAS JURISIDICTION OVER SUCH CASE?
NO. THE ACT OF DENR IS NOT AN EXERCISE OF ITS QUASI-JUDICIAL POWER. THUS, IT CANNOT BE REVIEWED BY THE CA.
WHAT ARE THE DISTINCT POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES?
ADMINISTRATIVE, QUASI-LEGISLATIVE, AND QUASI-JUDICIAL POWERS AND FUNCTIONS.
WHAT IS ADMINISTRATIVE POWER?
IT IS CONCERNED WITH THE WORK OF APPLYING POLICIES AND ENFORCING ORDERS AS DETERMINED BY PROPER GOVERNMENTAL ORGANS.
WHAT IS QUASI-JUDICIAL OR ADMINISTRATIVE ADJUDICATORY POWER?
IT IS THE POWER TO HEAR AND DETERMINE QUESTIONS OF FACT TO WHICH THE LEGISLATIVE POLICY IS TO APPLY AND TO DECIDE IN ACCORDANCE WITH THE STANDARDS LAID DOWN BY THE LAW ITSELF IN ENFORCING AND ADMINISTERING THE SAME LAW.
WHEN DOES A GOVERNMENT AGENCY PERFORMS ADJUDICATORY FUNCTIONS?
WHEN IT RENDERS DECISIONS OR AWARDS THAT DETERMINE THE RIGHTS OF ADVERSARIAL PARTIES, WHICH DECISIONS OR AWARDS HAVE THE SAME EFFECT AS A JUDGMENT OF THE COURT.
WHAT IS THE NATURE OF THE POWER OF THE DENR SECRETARY TO APPROVE AND ENTER INTO AN MPSA?
IT IS ADMINISTRATIVE IN NATURE AS IT SPRINGS FROM THE MANDATE OF THE DENR UNDER THE REVISED ADMINISTRATIVE CODE OF 1987, WHICH PROVIDES THAT “[T]HE [DENR] SHALL X X X BE IN CHARGE OF CARRYING OUT THE STATE’S CONSTITUTIONAL MANQATE TO CONTROL AND SUPERVISE THE EXPLORATION, DEVELOPMENT, UTILIZATION, AND CONSERVATION OF THE COUNTRY’S NATURAL RESOURCES.”
BUT IN APPROVING AN MPSA, DOES THE DENR SECRETARY NOT ADJUDICATE?
NO BECAUSE THE DENR SECRETARY DOES NOT DETERMINE THE LEGAL RIGHTS AND OBLIGATIONS OF ADVERSARIAL PARTIES, WHICH ARE NECESSARY IN ADJUDICATION.
NEITHER DOES THE DENR SECRETARY RESOLVE CONFLICTING CLAIMS.
RATHER, WHAT IS INVOLVED HERE IS THE DETERMINATION OF WHETHER A CERTAIN APPLICANT COMPLIED WITH THE CONDITIONS REQUIRED BY THE LAW, AND IS FINANCIALLY AND TECHNICALLY CAPABLE TO UNDERTAKE THE CONTRACT, AMONG OTHERS.
ARE THERE PRECEDENT CASES?
YES.
AS AN EXAMPLE: IN REPUBLIC OF THE PHILIPPINES V. EXPRESS TELECOMMUNICATION CO., LNC.,42 THE COURT STATED THAT THE POWERS GRANTED TO THE SECRETARY OF AGRICULTURE AND COMMERCE (NATURAL RESOURCES) BY LAW SUCH AS GRANTING OF LICENSES, PERMITS, LEASES AND CONTRACTS, OR APPROVING, REJECTING, REINSTATING, OR CANCELING APPLICATIONS, ARE ALL EXECUTIVE AND ADMINISTRATIVE IN NATURE. IT EVEN FURTHER RULED THAT PURELY ADMINISTRATIVE AND DISCRETIONARY FUNCTIONS MAY NOT BE INTERFERED WITH BY THE COURTS.43
WHAT ACTION SHOULD HAVE BEEN TAKEN BY THE DENR SECRETARY?
HE SHOULD HAVE SOUGHT THE DENR THE CANCELLATION OF THE MINING CONTRACT AND NOT WITH THE COURT ON THE GROUND OF THE DOCTRINE OF PRIMARY JURISDICTION AND THE DOCTRINE OF NON-EXHAUSTION OF ADMINISTRATIVE REMEDIES.
WHAT IS THE DOCTRINE OF PRIMARY JURISDICTION?
THE DOCTRINE OF PRIMARY JURISDICTION INSTRUCTS THAT IF A CASE IS SUCH THAT ITS DETERMINATION REQUIRES THE EXPERTISE, SPECIALIZED TRAINING AND KNOWLEDGE OF AN ADMINISTRATIVE BODY, RELIEF MUST FIRST BE OBTAINED IN AN ADMINISTRATIVE PROCEEDING BEFORE RESORT TO THE COURTS IS HAD.
WHAT IS THE DOCTRINE OF NON-EXHAUSTION OF ADMINISTRATIVE REMEDIES?
THE DOCTRINE OF NON-EXHAUSTION OF ADMINISTRATIVE REMEDIES REQUIRES THAT RESORT BE FIRST MADE WITH THE ADMINISTRATIVE AUTHORITIES IN THE RESOLUTION OF A CONTROVERSY FALLING UNDER THEIR JURISDICTION BEFORE THE CONTROVERSY MAY BE ELEVATED TO A COURT OF JUSTICE FOR REVIEW. A PREMATURE INVOCATION OF A COURT’S INTERVENTION RENDERS THE COMPLAINT WITHOUT CAUSE OF ACTION AND DISMISSIBLE.
TO WHERE SHOULD PETITIONER TURN TO FOR RELIEF?
TO THE OFFICE OF THE PRESIDENT BECAUSE THE DENR SECRETARY IS UNDER THE CONTROL OF THE PRESIDENT.
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