APEX MINING CO., INC., vs SOUTHEAST MINDANAO GOLD MINING CORP.

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G.R. Nos. 152613 & 152628 November 20,2009
FACTS: Under Presidential Decree No. 463, requires that the assignment of a mining right be
made with the prior approval of the Secretary of the Department of Environment and Natural
Resources (DENR).Southeast Mindanao Gold Mining Corporation (SEM) filed a motion for
reconsideration of the Supreme Courts assailed decision. Apex filed a Motion for Clarification
asking that the Court elucidate on the Decisions pronouncement that mining operations, are now,
therefore within the full control of the State through the executive branch.
The question of constitutionality of was only raised during appeal.

ISSUES: 1. W/N the question of constitutionality of PD 463 was validly raised.

2. W/N the determination of President that a forest land is a critical area violates the
constitutional provision that the Congress shall as soon as possible, determine by law the
specific limits of forest lands and national parks, marking clearly their boundaries on the
ground.

HELD:

1. IT WAS NOT VALIDLY RAISED. It is well-settled that when questions of

constitutionality are raised, the court can exercise its power of judicial review only if the following
requisites are present: (1) an actual and appropriate case exists; (2) there is a personal and
substantial interest of the party raising the constitutional question; (3) the exercise of judicial
review is pleaded at the earliest opportunity; and (4) the constitutional question is the lis mota of
the case.

Taking into consideration the foregoing requisites of judicial review, it is readily clear that
the third requisite is absent. The general rule is that the question of constitutionality must be
raised at the earliest opportunity, so that if it is not raised in the pleadings, ordinarily it may not
be raised at the trial; and if not raised in the trial court, it will not be considered on appeal.

2. Section 4, Article XII of the Constitution providesThe Congress shall as soon as

possible, determine by law the specific limits of forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such forest lands and national parks shall be
conserved and may not be increased nor diminished, except by law. The Congress shall
provide, for such periods as it may determine, measures to prohibit logging in endangered
forests and in watershed areas.

In the case, the Congress has not yet passed a law hence there can be no occasion
that could give rise to a violation of the constitutional provision. Furthermore, nothing in
the provision prohibits the President from declaring a forest land as an environmentally critical
area and from regulating the mining operations therein by declaring it as a mineral reservation in
order to prevent the further degradation of the forest environment and to resolve the health and
peace and order problems that beset the area.
NOTA BENE:

LIS MOTA=The cause of the suit or action. By this term is understood the commencement of the
controversy, and thebeginning of the suit.

Yung 2nd issue eh hindi masyadong important. Pero read niyo na lang