Legal Opinion

April 28, 2014

Puerto Princesa City
Respectfully submitted to Tutu B. Almonte, Acting City ENRO, Member, CMRB, in
relation to the request of Mr. Roman Vergil Umandap for an additional volume to extract in his
existing quarry permit in Sitio Iratag, Bgy. Irawan, this City, with the following commentaries, to
wit:
The perusals of the records show that the Department of Environment and Natural
Resources granted Mr. Umandap, in his application for an additional volume of filling/earth
materials, an amended Environmental Compliance Certificate (ECC) which provides that the
amended ECC covers the Mountain Quarry project having a total land area of 1.0 hectare and the
extraction rate shall not exceed 1,000 cubic meters per annum and that on inspection and
assessment by the Office of the City ENRO they found that there was no violation committed by
Mr. Umandap and that the quarry is sufficient enough for the request for additional volume to
extract by Mr. Umandap. However, Ordinance No. 560 Revised Zoning Ordinance of 2013,
took effect on April 29, 2014, which includes a provision which prohibits the extraction and/
excavation within the General Agricultural Zone.
In view of the foregoing, this office is tasked to render some legal opinion on the
following issues, to wit:
1. Whether or not the request of additional volume to extract granted in his amended
ECC in his existing quarry permit is still be permissible;
2. Whether or not the validity of Mr. Umandaps existing quarry permit will be
affected by the Revised Zoning Ordinance.

On the first issue, Ordinance No. 560, otherwise known as,

Revised Zoning Ordinance 2013 of the City of Puerto Princesa
provides:
Section 40- General Agricultural Zone (GAZ).
In GA Zone within the non-CBD periphery, the
traditional use zones and in selected buffer zones of
the terrestrial and coastal components of ECAN
zones, the following uses shall be allowed and
prohibited:
Column 3, Prohibited Uses, (will not be approved
and cannot be appealed) :

Extraction, excavation or other mining activity.

Upon inquiry with the Office of the City Planning and
Development Coordinator, this Office found out that based on the
merged ECAN Zones Map and the Zoning Map of Puerto Princesa City
under the Revised Zoning Ordinance of 2013 the land covered by the
Quarry Permit of Mr. Umandap in Sitio is now classified as General
Agricultural Zone (GAZ)
Based on the above Ordinance No. 560,
which took effect last April 29, 2014, extraction, excavation and or
other mining activity are already prohibited in lands classified as
General Agricultural Zone.
Thus, this office opines that since the Revised Zoning Ordinance
had already took effect, the request of Mr. Umandap for additional
volume to extract quarry resources is not any longer permissible
because the said ordinance specifically made the extraction,
excavation or other mining activity as prohibited activity.
On the second issue, regarding the inquiry whether or not the permit already granted to
Mr. Umandap will be affected by the effectivity of the said Revised Zoning Ordinance, (CASE).
Thus this Office opines that the permit to extract quarry resources will not be affected by
the said ordinance and such permit will be valid as long as the permit has not yet expire.
Based from the foregoing, this office is of the opinion that since the subject Lot F-1-F
which was allegedly donated to the City Government was not validly donated to the City, the Lot
is still considered as a road right of way of a private subdivision. It is not one of the exceptions
provided by RA 7279 were a summary eviction or demolition may made. However, the
complainants, is not without remedy. This office recommends that the complainants pursue the
execution of judgment of the order granted by the court in the compromise agreement.