[ G.R. No. 132475. March 13, 2000]

SOUTHEAST MINDANAO GOLD MINING CORP. vs. THE MINES ADJUDICATION BOARD, et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 13 2000.

G.R. No. 132475 (Southeast Mindanao Gold Mining Corporation vs. The Mines Adjudication Board, and its Members, the Hon. Victor O. Ramos, et al.) and G.R. No. 132528 (Rosendo Villaflor, et al. vs. Hon. Mines Adjudication Board, et al.)

Before us is a Motion for Leave to Admit Petition for Intervention1 Rollo in G.R. No. 132475, pp. 906-919. dated May 10, 1999 filed by Apex Mining Co., Inc. (Apex), through counsel, on May 18, 1999. In seeking to intervene in the consolidated petitions before us, Apex claims to have prior mining rights over the 4,941 hectare area, subject of the conflicting mining claims, between petitioner Southeast Mindanao Gold Mining Corporation (SEM) and petitioners Rosendo Villaflor, et al. (Villaflor). Thus, Apex contends that it has a clear and valid legal interest in the subject controversy such that any award or distribution herein will affect its interest thereto.

Upon being directed by the Court in a Resolution2 Id., pp. 940-941. dated July 19, 1999 to comment on Apex's motion, petitioners Villaflor filed their Comment3 Id., pp. 1029-1033. on August 20, 1999 interposing no objection to Apex's motion. In fact, they support the intervention of Apex contending that the latter's intervention will facilitate a full and complete determination of all the conflicting claims over the disputed mining area.

The Solicitor General, in his Comment4 Id., pp. 1034-1037. filed on August 24, 1999, likewise interposed on objection, reserving submission of a more extended comment on the petition for I intervention to be filed by Apex.

Petitioner SEM, in its Comment5 Id ., pp. 1047-1058. filed on September 8, 1999, objected to Apex's motion, averring that Apex has no locus standi to intervene citing our ruling in Apex Mining Co., Inc. v. Garcia 6 199 SCRA 279 [1991]. that "the mining claims and [Small Scale Mining Permits] of Apex being located within said forest reserve, are in violation of the law and therefore result in a failure to validly acquire mining rights."

On November 3, 1999, Apex filed its Reply7 Id., pp. 1079-1087. to the Comment of petitioner SEM, emphatically stressing that this Court, in subsequent extended resolutions, considered the case relied upon by petitioner SEM as pro hac vice applicable only to the said case of Garcia.

WHEREFORE, the subject Motion for Leave to Admit Petition for Intervention dated May 10, 1999 is hereby GRANTED. Apex Mining Co., Inc., through counsel, is hereby given thirty (30) days from receipt hereof to file its Petition for Intervention.

The Court NOTES: (a) the manifestation of petitioners Rosendo Villaflor, et al. in G.R. No. 132528 dated 7 February 2000 that petitioners together with the original claim owners and indigenous people filed a motion for intervention and reconsideration of the decision of the Secretary of the Department of Environment and Natural Resources dated 20 September 1999; (b) the motion of movant Apex Mining Co., Inc. dated 9 February 2000 for early resolution of the motion for leave to admit petition for intervention and praying for a period of thirty (30) days from receipt of the Court's resolution within which to file said petition for intervention; and, (c) the motion for earlier resolution filed by Balite Communal Portal Mining Cooperative, Rosendo Villaflor, et al. and Romeo Altamera, et al. dated 22 February 2000.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court


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