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SUPREME COURT
Manila
- versus - SC GR SP No.
PREFATORY STATEMENT
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and gravel output to non-metallic mineral and total mineral
production generally have been increasing, further manifesting
the importance of quarrying to the mining industry.
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dusts along their transportation routes and noise pollution in quarry
sites, much to the detriment of the affected population.
THE PARTIES
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STATEMENT OF FACTS
I.
II.
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RESPONDENTS VIOLATED THE
CONSTITUTIONAL RIGHT OF THE PETITIONER
AND IN PARTICULAR OF THE PEOPLE OF
SABLAYAN AND STA. CRUZ TO BE INFORMED ON
ALL MATTERS OF PUBLIC CONCERN
III.
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In Oposa, et al. vs. Factoran, et al. (G.R. No. 101083 July 30,
1993), this Court underscores the importance of the right to balance
and healthful ecology when it states that:
The Court further emphasized in the same case that the right
to a balanced and healthful ecology carries with it the correlative duty
to refrain from impairing the environment.
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they suffered from the ill effects of quarrying and that quarrying
operators are not doing enough to address the problems. A copy of
the Report and Findings of IMAPE is hereto attached as Annex C and
series.
Section 7, Article III and Section 16, Article XIII of the 1987
Constitution guarantees the public's right to information on matters
of public concern, and right to participation. Section 7, Article III
provides:
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be abridged. The State shall, by law, facilitate the
establishment of adequate consultation mechanisms.
The citizens of Sablayan and Sta. Cruz were not informed that
the Municipality of Sablayan entered into a contract with MINA DE
ORO wherein it allowed MINA DE ORO to conduct quarrying
operations in Amnay River. In fact residents near the area were
aghast when they saw heavy equipments in the river area. Also, the
noise pollution in the area deprives them of sleep causing serious
illness among them. The affidavits of some of the residents in the area
are hereto attached as Annex C and series.
RESPONDENTS VIOLATED
REPUBLIC ACT 7942 OR THE
PHILIPPINE MINING ACT OF 1995
“Section 44
Quarry Fee and Taxes
A permittee shall, during the term of his permit, pay a
quarry fee as provided for under the implementing rules
and regulations. The permittee shall also pay the excise
tax as provided by pertinent laws.”
“Section 45
Cancellation of Quarry Permit
A quarry permit may be cancelled by the provincial
governor for violations of the provisions of this Act or its
implementing rules and regulations or the terms and
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conditions of said permit: Provided, That before the
cancellation of such permit, the holder thereof shall be
given the opportunity to be heard in an investigation
conducted for the purpose.”
PRAYER
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c.) After hearing and judicial determination, to declare as void
the Memorandum of Agreement entered into by the Respondents and
thereby demand for the immediate cessation of the quarrying
operations in Amnay River and to order MINA DE ORO and the
Municipality of Sablayan to repair and adopt measures to stop
further damage to the river and its surroundings.
ATOR NINI
Counsel for the Petitioner
123 Valenzuela, Makati City
Roll No.1243; IBP No.1234; Makati Chapter
PTR NO.1234/12.12.12/ Makati City
MCLE Compliance No.1234/October 12, 2014
Copy Furnished:
Municipality of Sablayan
Mina De Oro Corp.
ATOR NINI
VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING
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I, Mangyan C. Dugoy, of legal age, Filipino, with address at
No.63 Gozar St., Buenavista, Sablayan, Occidental Mindoro, on oath,
state:
MANGYAN C. DUGOY
Affiant
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