Académique Documents
Professionnel Documents
Culture Documents
27 January 2004
Parties
Petitioners:
LA BUGAL-BLAAN TRIBAL ASSOCIATION,
INC., Respondents: VICTOR O. RAMOS, SECRETARY,
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(DENR), HORACIO RAMOS, DIRECTOR, MINES AND
GEOSCIENCES BUREAU (MGB-DENR), RUBEN TORRES,
EXECUTIVE SECRETARY, and WMC (PHILIPPINES) , INC.
Background:
Nature and Case History
25 July 1987 EO 279 authorized DENR to accept, consider
and evaluate proposals from foreign-owned corporations or
foreign investors for contracts or agreements involving either
technical or financial assistance for large-scale exploration,
development, and utilization of minerals, which, upon
appropriate recommendation of the Secretary, the President
may execute with the foreign proponent. In entering into
such proposals, the President shall consider the real
contributions to the economic growth and general welfare of
the country that will be realized, as well as the development
and use of local scientific and technical resources that will be
promoted by the proposed contract or agreement. Until
Congress shall determine otherwise, large-scale mining, for
purpose of this Section, shall mean those proposals for
contracts or agreements for mineral resources exploration,
development, and utilization involving a committed capital
investment in a single mining unit project of at least Fifty
Million Dollars in United States Currency (US $50,000,000. 00)
3 March 1995 RA 7942 signed into law
30 March 1995 Government entered FTAA with WMCP
99,387 hectares of land in South Cotabato, Sultan Kudarat,
Davao del Sur and North Cotabato .
9 April 1995 30 days after publication on 10 March 1995, RA
7942 took effect
20 December 1996 DENR Secretary Victor Ramos issued
DAO 96-40
10 January 1997 counsels for petitioner sent letter to
Ramos demanding DENR to stop implementing RA 7942 and
DAO 96-40.
No response, thus this petition for Mandamus and
Prohibition with prayer of TRO and preliminary injunction
(denied) claiming that petitioner Ramos acted without or in
excess of jurisdiction in implementing the assailed
Constitutionality of RA 7942 [1], of DENR Administrative
Order 96-40 [2], and of the Financial and Technical Assistance
Agreement entered into on 30 March 1995 between the
Republic of the Philippines and WMC (Philippines) , Inc..
23 January 2001 Manifestation of respondents that WMCP
is no longer foreign-owned as WMC has sold 100% of its
equity to Filipino company Sagittarius Mines, Inc. which is
Polinars offered to pay for the land. As the parties still failed
to settle, both filed separate complaints for forcible entry.
The Municipal Trial Court ruled in favor of the petitioner,
while the regional trial court reversed and ordered the
dismissal of the complaint and confirmed the existence of the
creek between the lots.
ISSUE: Whether or not the disputed strip of land is part of the
creek hence part of public domain
Held: YES. Art. 420 of the Philippine New Civil Code (NCC)
provides for properties which are part of public domain. A
creek is included in the phrase "and others of similar
character". A creek, which refers to a recess or arm of a river
is a property belonging to the public domain, therefore not
susceptible of private ownership. Being a public water, it
cannot be registered under the Torrens system under the
name of any individual.
Vda. De Tantoco v. Muncipal Council of Iloilo [G.R. No.
24950. March 25, 1926.]
Facts: The widow of Tan Toco sued the municipal council of
Iloilo for the amount of P42,966.40, being thepurchase price
of two strips of land, one on Calle J. M. Basa consisting of 592
sq. m., and the other on CalleAldiguer consisting of 59 sq. m.,
which the municipality of Iloilo had appropriated for widening
said street. The CFI Iloilo sentenced the said municipality to
pay the Tantoco the amount so claimed, plus the interest.
Said judgment was appealed, and was affirmed by the
Supreme Court.On account of lack of funds the municipality
of Iloilo was unable to pay the said judgment, wherefore
plaintiff had a writ of execution issue against the property of
the said municipality, by virtue of which thesheriff attached
two auto trucks used for street sprinkling, one police patrol
automobile, the police stations onMabini street, and in Molo
and Mandurriao and the concrete structures, with the
corresponding lots, used as markets by Iloilo, Molo, and
Mandurriao. After notice of the sale of said property had
been made, and a fewdays before the sale, the provincial
fiscal of Iloilo filed a motion with the CFI praying that the
attachment on the said property be dissolved, that the said
attachment be declared null and void as being illegal and
violative of the rights of the municipality. By order of 12
August 1925, the Court declared the attachment levied upon
the aforementioned property of the municipality null and
void, thereby dissolving the said attachment. Fromthis order
Tantoco has appealed by bill of exceptions.
The Supreme Court affirmed the judgment appealed from
with costs against Tantoco.
HELD: Property of public domain applies to municipal
property for public use; both not within the commerce of
man
The principle governing property of the public domain of the
State is applicable to property for public use of the
municipalities as said municipal property is similar in
character. The principle is that the property for public use of
the State is not within the commerce of man and,
consequently, is unalienable and not subject to prescription.
Likewise, property for public use of the municipality is not
within the commerce of man so long as it is used by the
public and, consequently, said property is also inalienable.