Philippine Supreme Court Resolutions


Philippine Supreme Court Resolutions > Year 2008 > August 2008 Resolutions > [G.R. No. 162243 : August 13, 2008] HON. HEHERSON ALVAREZ SUBSTITUTED BY HON. ELISEA G. GOZUN, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES V. PICOP RESOURCES, INC.) [G.R. NO. 164516] (PICOP RESOURCES, INC. V. HON. HEHERSON ALVAREZ SUBSTITUTED BY HON. ELISEA G. GOZUN, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES) [G.R. NO. 171875] (THE HON. ANGELO T. REYES [FORMERLY HON. ELISEA G. GOZUN], IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [DENR] V. PAPER INDUSTRIES CORP. OF THE PHILIPPINES [PICOP] :




THIRD DIVISION

[G.R. No. 162243 : August 13, 2008]

HON. HEHERSON ALVAREZ SUBSTITUTED BY HON. ELISEA G. GOZUN, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES V. PICOP RESOURCES, INC.)

[G.R. NO. 164516]

(PICOP RESOURCES, INC. V. HON. HEHERSON ALVAREZ SUBSTITUTED BY HON. ELISEA G. GOZUN, IN HER CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES)

[G.R. NO. 171875]

(THE HON. ANGELO T. REYES [FORMERLY HON. ELISEA G. GOZUN], IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES [DENR] V. PAPER INDUSTRIES CORP. OF THE PHILIPPINES [PICOP]



Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution, of this Court dated 13 August 2008:

G.R. No. 162243 (HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary of the Department of Environment and Natural Resources v. PICOP RESOURCES, INC.)

[G.R. No. 164516] (PICOP RESOURCES, INC. v. HON. HEHERSON ALVAREZ substituted by HON. ELISEA G. GOZUN, in her capacity as Secretary of the Department of Environment and Natural Resources)

[G.R. No. 171875] (THE HON. ANGELO TV REYES [formerly Hon. Elisea G. Gozun], in his capacity as Secretary of the Department of Environment and Natural Resources [DENR] v. PAPER INDUSTRIES CORP. OF THE PHILIPPINES [PICOP])

RESOLUTION:

Before Us are several manifestations-filed by PICOP praying that the subject case be referred to this Court sitting en banc and to set the same for oral arguments on the following grounds:.

  1. The Decision promulgated on 29 November 2006 has modified or reversed the doctrine that forest reserves cannot be appropriated;

  2. The Decision has confused the presidential warranty with a mere license or permit; and'

  3. The Land Bank of the Philippines (LBP), as PICOP's creditor, filed a petition to have PICOP Resources, Inc. (PRI) and its affiliate, New Paper Industries Corporation (NPIC), "under Corporate-Rehabilitation with Prayer for the Approval of the Proposed Rehabilitation Plan."

The following cases are to be heard by this Court en banc:
  1. Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order, or presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;

  2. Criminal cases in which the appealed decision imposes the death penalty;

  3. Cases raising novel questions of law;

  4. Cases affecting ambassadors, other public ministers and consuls;

  5. Cases involving decisions, resolutions or orders of the Civil Service Commission, Commission on Elections, and Commission on Audit;

  6. Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the judiciary, disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a fine exceeding P10,000.00 or both;

  7. Cases where a doctrine or principle laid down by the court en banc or in division may be modified or reversed;

  8. Cases assigned to a division which in the opinion of at least three (3) members thereof merit the attention of the court en bane and are acceptable to a majority of the actual membership of the court en banc; and

  9. All other cases as the court en banc by a majority of its actual membership may deem of sufficient importance to merit its attention.[1]

As regards the first ground, the assailed Decision did not reverse the doctrine that forest reserves cannot be appropriated.

In the assailed Decision, we ruled that PICOP did not comply with the administrative requirement in Section 59 of Republic Act No. 8371,[2] which states:

SEC. 59. Certification Precondition. - All departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned: Provided, That no certification shall be issued by the NCIP without the free and prior informed and written consent of the ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.

The above provision requires a certification from the National Commission On Indigenous Peoples (NCIP) that the area affected by the granting of a concession, license or lease, or entering into a production sharing agreement, does not overlap with any ancestral domain claim. PICOP's justification for its noncompliance is that the areas do not overlap anyway, and that it already has a vested right over the property, for it has been in exclusive, continuous and uninterrupted possession of the TLA No. 43 areas since 1952 up to the present.

We held that PICOP's position is manifestly absurd: it is basically claiming that the subject lands do not overlap with ancestral domains; ergo it does not need a certification to that effect. PICOP wishes to forego with the certification requirement under Section 59 of Republic Act No. 8371 altogether on the basis of its own determination that there was no overlapping.  We also reminded PICOP that under the very definition of ancestral domains, ancestral domains remain as: such even when possession or occupation of the area has been interrupted by voluntary dealings entered into by the government and private individuals/corporations:

a) Ancestral domains - Subject to Section 56 hereof, refers to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, 'held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;

PICOP claims that this part of our Decision reverses the doctrine that forest reserves cannot be appropriated; thus, the; need to refer the case to the Court en bane. According to PICOP, "the Decision may have opened up the country's 12 million hectares of forest reserves, or about 40% of the country's total to the issuance of CADTs."[3] Without going into the merits of the case, which shall be discussed in the Resolution disposing of PICOP's Motion for Reconsideration of our Decision dated 29 November 2006, it can clearly be seen that the same is not true.

The Decision did not pass judgment on whether the concession area of the Integrated Forest Management Agreement (IFMA) applied for by PICOP is part of ancestral domain or not. The Decision merely determined whether or not PICOP complied with the administrative requirement under Section 59 of Republic Act No. 8371, the constitutionality of which PICOP never questioned until the issuance of the assailed Decision.

On the other hand, the issues concerning the nature of the Presidential Warranty and the filing of a rehabilitation case against PICOP are matters not included in the constitutional list of cases to be heard by this Court en banc. This Court sitting en bane is not an appellate court to which decisions of its divisions can be appealed. .

IN VIEW OF THE FOREGOING, the Court hereby resolves to:

  1. DENY the prayers in the subject Manifestations asking for the referral of this case to the Court En Banc.

  2. DEEM the Motion for Reconsideration filed by PICOP SUBMITTED FOR RESOLUTION:

SO ORDERED.

[Reyes, J., no part. Puno, C.J., designated member. De Castro, J., additional member.]

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court

Endnotes:


[1] Firestone Ceramics, Inc. v. Court of Appeals, 389 Phil. 810. (2000).

[2] Indigenous Peoples' Rights Act of 1997.

[3] Supplemental Manifestation, 21 May 2008, p. 6.



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