FIRST DIVISION
G.R. No. 207942, January 12, 2015
YINLU BICOL MINING CORPORATION, Petitioner, v. TRANS-ASIA OIL AND ENERGY DEVELOPMENT CORPORATION, Respondent.
D E C I S I O N
BERSAMIN, J.:
WHEREFORE, premises considered, the Mineral Production Sharing Agreement No. 252-2007-V is hereby ordered amended, to excise therefrom the areas covered by the mining patents of Yinlu Bicol Mining Corporation as described and defined in the Transfer Certificates of Title concerned: Provided, That the consequent conduct of mining operations in the said mining patents shall be undertaken in accordance with all the pertinent requirements of Republic Act No. 7942, the Philippine Mining Act of 1995, and its implementing rules and regulations.
SO ORDERED.13
The first contention of appellee is untenable. It is conceded that Presidential Decree (PD) No. 463, otherwise known as the Mineral Resources Development Decree, prescribed requirements for the registration of all mining patents with the Director of Mines within a certain period, among others. The existence of the mining claims were in fact registered in the Office of the Register of Deeds for the Camarines Norte prior to the issuance of PD 463, as found in the 4 TCT’s issued to PIMI that were foreclosed by MBC, and eventually purchased by appellee through an Absolute Deed of Sale. The existence of the mining patents, therefore, subsists. Under the Philippine Constitution, there is an absolute prohibition against alienation of natural resources. Mining locations may only be subject to concession or lease. The only exception is where a location of a mining claim was perfected prior to November 15, 1935, when the government under the 1935 Constitution was inaugurated, and according to the laws existing at that time a valid location of a mining claim segregated the area from the public domain, and the locator is entitled to a grant of the beneficial ownership of the claim and the right to a patent therefore (Gold Creek Mining Corporation vs. Rodriguez, 66 Phil 259). The right of the locator to the mining patent is a vested right, and the Constitution recognizes such right as an exception to the prohibition against alienation of natural resources. The right of the appellee as the beneficial owner of the subject mining patents in this case, therefore, is superior to the claims of appellant.
The existence of the TCT’s in the name of appellee further bolsters the existence of the mining patents. Under PD 1529, also known as the Property Registration Decree, once a title is cleared of all claims or where none exists, the ownership over the real property covered by the Torrens title becomes conclusive and indefeasible even as against the government. Noteworthy is the fact that the title trace backs of the said TCTs show that the titles were executed in favour of the appellee’s predecessors-in-interest pursuant to Act No. 496, otherwise known as the Land Registration Act of 1902, in relation to the Philippine Bill of 1902, which govern the registration of mineral patents.
x x x x
After a careful and thorough evaluation and study of the records of this case, this Office agrees with the DENR, as the assailed decisions are in accord with facts, law and jurisprudence relevant to the case.chanrobleslaw
WHEREFORE, premises considered, the assailed Order and Resolution of the DENR dated May 21, 2009 and November 27, 2009, respectively, are hereby AFFIRMED in toto.
SO ORDERED.17
x x x x
After a second thorough evaluation and study of the records of this case, this Office finds no cogent reason to disturb its earlier Decision. The second paragraph of Section 7, Administrative Order No. 18 dated February 12, 1987 provides that “[o]nly one motion for reconsideration by any one party shall be allowed and entertained, save in exceptionally meritorious cases.” This second motion is clearly unmeritorious.
WHEREFORE, premises considered, the instant motion is hereby DENIED. The Decision and Resolution of this Office dated May 4, 2010 and June 29, 2010, respectively, affirming the DENR decisions, are hereby declared final. Let the records of the case be transmitted to the DENR for its appropriate disposition.
SO ORDERED.20
WHEREFORE, premises considered, the petition is hereby GRANTED. The Decision dated May 4, 2010, as well as the Resolutions dated June 29, 2010 and March 31, 2011, respectively, rendered by the Office of the President in OP Case No. 09-L-638, and the Order dated May 21, 2009 as well as the Resolution dated November 27, 2009 issued by the DENR Secretary in DENR Case No. 8766 are REVERSED and SET ASIDE.
SO ORDERED.23
I.
WHETHER OR NOT THE PETITION FOR CERTIORARI FILED BEFORE THE COURT OF APPEALS WAS FILED BEYOND THE REGLEMENTARY PERIOD.cralawredII.
WHETHER OR NOT PETITIONER YINLU’S MINING PATENTS ARE VALID, EXISTING AND IMPERVIOUS TO THE MINERAL PRODUCTION SHARING AGREEMENT SUBSEQUENTLY GRANTED TO THE RESPONDENT TRANS-ASIA.cralawredIII.
WHETHER OR NOT PETITIONER YINLU’S TITLES BASED ON “PATENTS” WERE MINING PATENTS OR SOME OTHER PATENT.cralawredIV.
WHETHER OR NOT PETITIONER YINLU’S PURCHASE OF ITS TITLES INCLUDED PURCHASE OF THE MINERALS FOUND THEREIN.cralawredV.
WHETHER OR NOT THE COURT OF APPEALS DISREGARDED CONSTITUTIONAL RIGHT OF PETITIONER YINLU THAT IT’S PRIVATE PROPERTY SHALL NOT BE TAKEN FOR PUBLIC USE WITHOUT JUST COMPENSATION.cralawredVI.
WHETHER OR NOT THE PRINCIPLE OF LACHES APPLY TO TITLED PROPERTY.cralawredVII.
WHETHER OR NOT THE SHARE OF THE REPUBLIC OF THE PHILIPPINES IN ITS NATURAL RESOURCES WAS AFFECTED BY THE MINING PATENTS OF PETITIONER YINLU.25
Mr. Lindlay, one of the highest authorities on Mining Law, has discussed extensively the question now before us. (Lindlay on Mines, vol. I, sections 322, 539.)
The general rule is that a perfected, valid appropriation of public mineral lands operates as a withdrawal of the tract from the body of the public domain, and so long as such appropriation remains valid and subsisting, the land covered thereby is deemed private property. A mining claim perfected under the law is property in the highest sense, which may be sold and conveyed and will pass by descent. It has the effect of a grant (patent) by the United States of the right of present and exclusive possession of the lands located. And even though the locator may obtain a patent to such lands, his patent adds but little to his security. (18 Ruling Case Law, p. 1152 and cases cited.)
The owner of a perfected valid appropriation of public mineral lands is entitled to the exclusive possession and enjoyment against everyone, including the Government itself. Where there is a valid and perfected location of a mining claim, the area becomes segregated from the public domain and the property of the locator.
It was said by the Supreme Court of the State of Oregon, "The Government itself cannot abridge the rights of the miner to a perfected valid location of public mineral land. The Government may not destroy the locator's right by withdrawing the land from entry or placing it in a state of reservation." (Belk vs. Meagher, 104 U. S., 279; Sullivan vs. Iron Silver Mining Co., 143 U. S., 431.)
A valid and subsisting location of mineral land, made and kept up in accordance with the provisions of the statutes of the United States, has the effect of a grant by the United States of the present and exclusive possession of the lands located, and this exclusive right of possession and enjoyment continues during the entire life of the location. There is no provision for, nor suggestion of, a prior termination thereof. (Gwillim vs. Donnellan, 115 U. S., 45; Clipper Mining Co. vs. Eli Mining & Land Co., 194 U. S., 220.)
There is no pretense in the present case that the petitioner has not complied with all the requirements of the law in making the location of the mineral placer claims in question, or that the claims in question were ever abandoned or forfeited by him. The respondents may claim, however, that inasmuch as a patent has not been issued to the petitioner, he has acquired no property right in said mineral claims. But the Supreme Court of the United States, in the cases of Union Oil Co, vs. Smith (249 U. S., 337), and St. Louis Mining & Milling Co, vs. Montana Mining Co. (171 U. S., 650), held that even without a patent, the possessory right of a locator after discovery of minerals upon the claim is a property right in the fullest sense, unaffected by the fact that the paramount title to the land is in the United States. There is no conflict in the rulings of the Court upon that question. With one voice they affirm that when the right to a patent exists, the full equitable title has passed to the purchaser or to the locator with all the benefits, immunities, and burdens of ownership, and that no third party can acquire from the Government any interest as against him. (Manuel vs. Wulff, 152 U. S., 504, and cases cited.)
Even without a patent, the possessory right of a qualified locator after discovery of minerals upon the claim is a property right in the fullest sense, unaffected by the fact that the paramount title to the land is in the Government, and it is capable of transfer by conveyance, inheritance, or devise. (Union Oil Co. vs. Smith, 249 U. S., 337; Forbes vs. Jarcey, 94 U. 4S., 762; Belk vs. Meagher, 104 U. S., 279; Del Monte Mining Co. vs. Last Chance Mining Co., 171 U. S., 55; Elver vs. Wood, 208 U. S., 226, 232.)
Actual and continuous occupation of a valid mining location, based upon discovery, is not essential to the preservation of the possessory right. The right is lost only by abandonment as by nonperformance of the annual labor required. (Union Oil Co. vs. Smith, 249 U. S., 337; Farrell vs. Lockhart, 210 U. S., 142; Bradford vs. Morrison, 212 U. S., 389.)
The discovery of minerals in the ground by one who has a valid mineral location perfects his claim and his location not only against third persons, but also against the Government. A mining claim perfected under the law is property in the highest sense of that term, which may be sold and conveyed, and will pass by descent, and is not therefore subject to the disposal of the Government. (Belk vs. Meagher, 104 U. S., 279, 283; Sullivan vs. Iron Silver Mining Co., 143 U. S., 431; Consolidated Mutual Oil Co. vs. United States, 245 Fed. Rep., 521; Van Ness vs. Rooney, 160 Cal., 131, 136, 137.)
The moment the locator discovered a valuable mineral deposit on the lands located, and perfected his location in accordance with law, the power of the United States Government to deprive him of the exclusive right to the possession and enjoyment of the located claim was gone, the lands had become mineral lands and they were exempted from lands that could be granted to any other person. The reservations of public lands cannot be made so as to include prior mineral perfected locations; and, of course, if a valid mining location is made upon public lands afterward included in a reservation, such inclusion or reservation does not affect the validity of the former location. By such location and perfection, the land located is segregated from the public domain even as against the Government. (Union Oil Co. vs. Smith, 249 U. S., 337; Van Ness vs. Rooney, 160 Cal., 131; 27 Cyc, 546.)
From all of the foregoing arguments and authorities we must conclude that, inasmuch as the petitioner had located, held and perfected his location of the mineral lands in question, and had actually discovered petroleum oil therein, he had acquired a property right in said claims; that said Act No. 2932, which deprives him of such right, without due process of law, is in conflict with section 3 of the Jones Law, and is therefore unconstitutional and void. Therefore the demurrer herein is hereby overruled, and it is hereby ordered and decreed that, unless the respondents answer the petition herein within a period of five days from notice hereof, that a final judgment be entered, granting the remedy prayed for in the petition. So ordered.45
This is one of several cases now pending in this court which call for an interpretation, a determination of the meaning and scope, of section 1 of Article XII of the Constitution, with reference to mining claims. The cases have been instituted as test cases, with a view to determining the status, under the Constitution and the Mining Act (Commonwealth Act No. 137), of the holders of unpatented mining claims which were located under the provisions of the Act of Congress of July 1, 1902, as amended.
In view of the importance of the matter, we deem it conducive to the public interest to meet squarely the fundamental question presented, disregarding for that purpose certain discrepancies found in the pleadings filed in this case. This is in accord with the view expressed by the Solicitor-General in his memorandum where he says that "the statements of facts in both briefs of the petitioners may be accepted for the purpose of the legal issues raised. We deny some of the allegations in the petitions and allege new ones in our answers, but these discrepancies are not of such a nature or importance as should necessitate introduction of evidence before the cases are submitted for decision. From our view of the cases, these may be submitted on the facts averred in the complaints, leaving out the difference between the allegations in the pleadings to be adjusted or ironed out by the parties later, which, we are confident, can be accomplished without much difficulty.
Section 1 of Article XII of the Constitution reads as follows:
“Section 1. All agricultural, timber, and mineral lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, and other natural resources of the Philippines belong to the State, and their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases beneficial use may be the measure and the limit of the grant.”
The fundamental principle of constitutional construction is to give effect to the intent of the framers of the organic law and of the people adopting it. The intention to which force is to be given is that which is embodied and expressed in the constitutional provisions themselves. It is clear that the foregoing constitutional provision prohibits the alienation of natural resources, with the exception of public agricultural land. It seems likewise clear that the term "natural resources," as used therein, includes mineral lands of the public domain, but not mineral lands which at the time the provision took effect no longer formed part of the public domain. The reason for this conclusion is found in the terms of the provision itself. It first declares that all agricultural, timber, and mineral lands of the public domain, etc., and other natural resources of the Philippines, belong to the State. It then provides that "their disposition, exploitation, development, or utilization shall be limited to citizens of the Philippines, or to corporations or associations at least sixty per centum of the capital of which is owned by such citizens, subject to any existing right, grant, lease, or concession at the time of the inauguration of the Government established under this Constitution." Next comes the prohibition against the alienation of natural resources. This prohibition is directed against the alienation of such
natural resources as were declared to be the property of the State. And as only "agricultural, timber, and mineral lands of the public domain" were declared property of the State, it is fair to conclude that mineral lands which at the time the constitutional provision took effect no longer formed part of the public domain, do not come within the prohibition.
This brings us to the inquiry of whether the mining claim involved in the present proceeding formed part of the public domain on November 15, 1935, when the provisions of Article XII of the Constitution became effective in accordance with section 6 of Article XV thereof. In deciding this point, it should be borne in mind that a constitutional provision must be presumed to have been framed and adopted in the light and understanding of prior and existing laws and with reference to them. "Courts are bound to presume that the people adopting a constitution are familiar with the previous and existing laws upon the subjects to which its provisions relate, and upon which they express their judgment and opinion in its adoption." (Barry vs. Truax, 13 N. D., 181; 99 N. W., 769; 65 L. R. A., 762.)
It is not disputed that the location of the mining claim under consideration was perfected prior to November 15, 1935, when the Government of the Commonwealth was inaugurated; and according to the laws existing at that time, as construed and applied by this court in McDaniel vs. Apacible and Cuisia (42 Phil., 749), a valid location of a mining claim segregated the area from the public domain. Said the court in that case: "The moment the locator discovered a valuable mineral deposit on the lands located, and perfected his location in accordance with law, the power of the United States Government to deprive him of the exclusive right to the possession and enjoyment of the located claim was gone, the lands had become mineral lands and they were exempted from lands that could be granted to any other person. The reservations of public lands cannot be made so as to include prior mineral perfected locations; and, of course, if a valid mining location is made upon public lands afterward included in a reservation, such inclusion or reservation does not affect the validity of the former location. By such location and perfection, the land located is segregated from the public domain even as against the Government. (Union Oil Co. vs. Smith, 249 U. S., 337; Van Ness vs. Rooney, 160 Cal., 131; 27 Cyc., 546.)"
The legal effect of a valid location of a mining claim is not only to segregate the area from the public domain, but to grant to the locator the beneficial ownership of the claim and the right to a patent therefor upon compliance with the terms and conditions prescribed by law. "Where there is a valid location of a mining claim, the area becomes segregated from the public domain and the property of the locator." (St. Louis Mining & Milling Co. vs. Montana Mining Co., 171 U. S., 650, 655; 43 Law. ed., 320, 322.) "When a location of a mining claim is perfected it has the effect of a grant by the United States of the right of present and exclusive possession, with the right to the exclusive enjoyment of all the surface ground as well as of all the minerals within the lines of the claim, except as limited by the extralateral rights of adjoining locators; and this is the locator's right before as well as after the issuance of the patent. While a lode locator acquires a vested property right by virtue of his location, made in compliance with the mining laws, the fee remains in the government until patent issues” (18 R. C. L., 1152.) In Noyes vs. Mantle (127 U. S., 348, 351; 32 Law. ed., 168, 170), the court said:
"There is no pretense in this case that the original locators did not comply-with all the requirements of the 1aw in making the location of the Pay Streak Lode Mining claim, or that the claim was ever abandoned or forfeited. They were the discoverers of the claim. They marked its boundaries by stakes, so that they could be readily traced. They posted the required notice, which was duly recorded in compliance with the regulations of the district. They had thus done all that was necessary under the law for the acquisition of an exclusive right to the possession and enjoyment of the ground. The claim was thenceforth their property. They needed only a patent of the United States to render their title perfect, and that they could obtain at any time upon proof what they had done in locating the claim, and of subsequent expenditures to a specified amount in developing it. Until the patent issued the government held the title in trust for the locators or their vendees. The ground itself was not afterwards open to sale."
In a recent case decided by the Supreme Court of the United States, it was said:
"The rule is established by innumerable decisions of this court, and of state and lower Federal courts, that when the location of a mining claim is perfected under the law, it has the effect of a grant by the United States of the right of present and exclusive possession. The claim is property in the fullest sense of that term; and may be sold, transferred, mortgaged, and inherited without infringing any right or title of the United States. The right of the owner is taxable by the state; and is 'real property,' subject to the lien of a judgment recovered against the owner in a state or territorial court. (Belk vs. Neagher, 104 U. S., 279, 283; 26 L. ed., 735, 737; 1 Mor. Min. Rep., 510; Manuel vs. Wulff, 152 U. S., 505, 510, 511; 38 L. ed., 532-534; 14, Sup. Ct. Rep., 651; 18 Mor. Min. Rep., 85; Elder vs. Wood, 208 U. S., 226, 317 232; 52 L. ed., 464, 466; 28 Sup. Ct. Rep., 263; Bradford vs. Morrison, 212 U. S., 389; 53 L. ed., 564; 29 Sup. Ct. Rep., 349.) The owner is not required to purchase the claim or secure patent from the United States; but so long as he complies with the provisions of the mining laws, his possessory right, for all practical purposes of ownership, is as good as though secured by patent." (Wilbur vs. United States ex rel. Krushnic, 280 U. S., 306; 74 Law. ed., 445.)
The Solicitor-General admits in his memorandum that the decision in the McDaniel case is determinative, of the fundamental question involved in the instant case. But he maintains "that this decision is based on a misapprehension of the authorities on which the court relied," and that it "is not well founded and should be abandoned." We do not deem it necessary to belabor this point. Whether well-founded or not, the decision in that case was the law when section 1 of Article XII of the Constitution became effective; and even if we were disposed to overrule that decision now, our action could not affect rights already fixed under it.
Our conclusion is that, as the mining claim under consideration no longer formed part of the public domain when the provisions of Article XII of the Constitution became effective, it does not come within the prohibition against the alienation of natural resources; and the petitioner has the right to a patent therefor upon compliance with the terms and conditions prescribed by law.
It remains to consider whether mandamus is the proper remedy in this case. In Wilbur vs. United States ex rel. Krushnic, supra, the Supreme Court of the United States held that "mandamus will lie to compel the Secretary of the Interior to dispose of an application for a patent for a mining claim on its merits, where his refusal to do so is based on his misinterpretation of a statute." In the course of its decision the court said: "While the decisions of this court exhibit a reluctance to direct a writ of mandamus against an executive officer, they recognize the duty to do so by settled principles of law in some cases. (Lane vs. Hoglund, 244 U. S., 174, 181; 61 L. ed., 1066, 1069; 37 Sup. Ct. Rep., 552; and case cited.) In Roberts vs. United States (176 U. S., 221, 231; 44 L. ed., 443, 447; 20 Sup. Ct. Rep., 376), referred to and quoted in the Hoglund case, this court said:
" 'Every statute to some extent requires construction by the public officer whose duties may be defined therein. Such officer must read the law, and he must therefore, in a certain sense, construe it, in order to form a judgment from its language what duty he is directed by the statute to perform. But that does not necessarily and in all cases make the duty of the officer anything other than a purely ministerial one. If the law direct him to perform an act in regard to which no discretion is committed to him, and which, upon the facts existing, he is bound to perform, then that act is ministerial, although depending upon a statute which requires, in some degree a construction of its language by the officer. Unless this be so, the value of this writ is very greatly impaired. Every executive officer whose duty is plainly devolved upon him by a statute might refuse to perform it, and when his refusal is brought before the court he might successfully plead that the performance of the duty involved the construction of a statute by him, and therefore it was not ministerial, and the court would on that account be powerless to give relief. Such a limitation of the powers of the court, we think, would be most unfortunate, as it would relieve from judicial supervision all executive officers in the performance of their duties, whenever they should plead that the duty required of them arose upon the construction of a statute, no matter how plain its language, nor how plainly they violated their duty in refusing to perform the act required.' "
In the instant case, we are not justified, upon the state of the pleadings, to grant the relief sought by the petitioner. Considering, however, that the refusal of the respondents to act on the application for a patent on its merits was due to their misinterpretation of certain constitutional and statutory provisions, following the precedent established by the Supreme Court of the United States in Wilbur vs. United States ex rel. Krushnic, supra, a writ of mandamus should issue directing the respondents to dispose of the application for patent on its merits, unaffected by the prohibition against the alienation of natural resources contained in section 1 of Article XII of the Constitution and in Commonwealth Act No. 137. So ordered.47
Section 100. Old Valid Mining Rights May Come Under This Decree. Holders of valid and subsisting mining locations and other rights under other laws, irrespective of the areas covered, may avail of the rights and privileges granted under this Decree by making the necessary application therefor and approval thereof by the Director within a period of two (2) years from the date of approval of this Decree.
Section 101. Recognition and Survey of Old Subsisting Mining Claims. All mining grants patents, locations, leases and permits subsisting at the time of the approval of this Decree shall be recognized if registered pursuant to Section 100 hereof: Provided, That Spanish Royal Grants and unpatented mining claims located and registered under the Act of the United States Congress of July 1, 1902, as amended, otherwise known as the "Philippine Bill", as shall be surveyed within one (1) year from the approval of this Decree: Provided, further, That no such mining rights shall be recognized if there is failure to comply with the fundamental requirements of the respective grants: And provided, finally, That such grants, patents, locations, leases or permits as may be recognized by the Director after proper investigation shall comply with the applicable provisions of this Decree, more particularly with the annual work obligations, submittal of reports, fiscal provisions and other obligations.
Section 99. Non-impairment of Vested or Acquired Substantive Rights. Changes made and new provisions and rules laid down by this Decree which may prejudice or impair vested or acquired rights in accordance with order mining laws previously in force shall have no retroactive effect. Provided, That the provisions of this Decree which are procedural in nature shall prevail.
We hold that the said constitutional prohibition has no retroactive application to the sales application of Biñan Development Co., Inc. because it already acquired a vested right to the land applied for at the time the 1973 Constitution took effect.
That vested right has to be respected. It could not be abrogated by the new Constitution. Section 2, Article XIII of the 1935 Constitution allows private corporation to purchase public lands not exceeding one thousand and twenty-four hectares. Petitioners’ prohibition action is barred by the doctrine of vested rights in constitutional law.
A right is vested when the right to enjoyment has become the property of some particular person or persons as a present interest.’ (16 C.J.S. 1173). It is “the privilege to enjoy property legally vested, to enforce contracts, and enjoy the rights of property conferred by existing law” (12 C.J. 955, Note 46, No. 6) or “some right or interest in property which has become fixed and established and is no longer open to doubt or controversy” (Downs vs. Blount, 170 Fed. 15, 20, cited in Balboa vs. Farrales, 51 Phil. 498, 502).
The due process clause prohibits the annihilation of vested rights. ‘A state may not impair vested rights by legislative enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the constitution of the State, except in a legitimate exercise of the police power’ (16 C.J.S. 1177-78).
It has been observed that, generally, the term “vested right” expresses the concept of present fixed interest, which in right reason and natural justice should be protected against arbitrary State action, or an innately just an imperative right which an enlightened free society,
sensitive to inherent and irrefragable individual rights, cannot deny (16 C.J.S. 1174, Note 71, No. 5, citing Pennsylvania Greyhound Lines, Inc. vs. Rosenthal, 192 Atl. 2nd 587).58
Endnotes:
1 Rollo, p. 112.
2 Id. at 113.
3 Id. at 168-193.
4 Id.
5 Id.
6 Id. at 112-114.
7 Id. at 114.
8 Id.
9 Id. at 127.
10 Id. at 123-128.
11 Id. at 127-128.
12 Id. at 128.
13 Id.
14 Id. at 129-144.
15 Id. at 121-122.
16 Id. at 112-118.
17 Id. at 116-118.
18 Id. at 110.
19 Id. at 104-107.
20 Id. at 107.
21 Id. at 47-66; penned by Associate Justice Ramon A. Cruz, with Associate Justice Noel G. Tijam and Associate Justice Romeo F. Barza, concurring.
22 Id. at 56-66.
23 Id. at 66.
24 Id. at 70-72.
25 Id. at 15-16.
26 Id. at 17-20.
27 Section 1. Scope. — This Rule shall apply to appeals from judgments or final orders of the Court of Tax Appeals and from awards, judgments, final orders or resolutions of or authorized by any quasi-judicial agency in the exercise of its quasi-judicial functions. Among these agencies are the Civil Service Commission, Central Board of Assessment Appeals, Securities and Exchange Commission, Office of the President, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Department of Agrarian Reform under Republic Act No. 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission, Philippine Atomic Energy Commission, Board of Investments, Construction Industry Arbitration Commission, and voluntary arbitrators authorized by law. (n)
28 Section 4. Period of appeal. — The appeal shall be taken within fifteen (15) days from notice of the award, judgment, final order or resolution, or from the date of its last publication, if publication is required by law for its effectivity, or of the denial of petitioner’s motion for new trial or reconsideration duly filed in accordance with the governing law of the court or agency a quo. Only one (1) motion for reconsideration shall be allowed. Upon proper motion and the payment of the full amount of the docket fee before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. (n)
29Rollo, pp. 360.
30 Id. at 73-100.
31 Id. at 53-56.
32 Securities and Exchange Commission v. PICOP Resources, Inc., G.R. No. 164314, September 26, 2008, 566 SCRA 451, 466.
33 Id. at 468.
34 Id. at 465-466.
35Air France Philippines v. Leachon, G.R. No. 134113, October 12, 2005, 472 SCRA 439, 442-443; Balgami v. Court of Appeals, G.R. No. 131287, December 9, 2004, 445 SCRA 591, 602.
36 In the United States, a “placer claim” granted to the discoverer of valuable minerals contained in loose material such as sand or gravel the right to mine on public land (en.wikipedia.org/wiki/Gold_placer_claim); As used in the United States Revised Statutes, a “placer claim” means ground that includes valuable deposits not in place, that is, not fixed in rock, but which are in a loose state. (Narciso Peña, Philippine Law on Natural Resources, 111 (1997).
37Rollo, pp. 20-34.
38 Id. at 34-35.
39 Id. at 35.
40Narciso Peña, Philippine Law on Natural Resources, 104 (1997).
41Atok Big-Wedge Mining Co. v. Intermediate Appellate Court, G.R. No. 63528, September 9, 1996, 261 SCRA 528, 546.
42 Section 21. That all valuable mineral deposits in public lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation, and purchase, and the land in which they are found to occupation and purchase, by citizens of the United States, or of said Islands: Provided, that when on any lands in said Islands entered and occupied as agricultural lands under the provisions of this Act, but not patented, mineral deposits have been found, the working of such mineral deposits is hereby forbidden until the person, association, or corporation who or which has entered and is occupying such lands shall have paid to the Government of said Islands such additional sum or sums as will make the total amount paid for the mineral claim or claims in which said deposits are located equal to the amount charged by the Government for the same as mineral claims.
43 Narciso Peña, supra note 40, at 110.
44 42 Phil. 749 (1922).
45 Id. at 753-756.
46 66 Phil. 259 (1938).
47 Id. at 262-269.
48 67 Phil. 97 (1939).
49 Nos. L-43938, L-44081, L-44092, April 15, 1988, 160 SCRA 228.
50 G.R. No. 88883, January 18, 1991, 193 SCRA 71.
51Rollo, p. 124.
52 Id.
53 Id.
54 Id. at 215-217.
55 Id. at 124 and 460-516.
56 Id. at 124, 127-128 and 460-516.
57 No. L-46729, November 19, 1982, 118 SCRA 492.
58 Id. at 498-499.
59 Supra note 49, at 233 and 239-240.
60Rollo, p. 128.
61 Id.